Large diameter graphite electrodes from China: preliminary critical circumstances in CVD investigation
Commerce preliminarily finds critical circumstances in the China large diameter graphite electrodes CVD case. May 1 lookback, AFA respondents, HTSUS 8545.11.0020 analysis note, and brief deadlines.
Commerce preliminarily determines that critical circumstances exist with respect to imports of large diameter graphite electrodes from China. The notice is applicable September 24, 2026 (91 FR 60593; FR Doc. 2026-19518). The period of investigation is January 1, 2025, through December 31, 2025.
Large diameter graphite electrodes from China: prelim affirmative critical circumstances. Suspend unliquidated entries on/after May 1, 2026 (90 days before the July 30 Preliminaries). Cash deposits at preliminary subsidy rates. Final currently Dec 7, 2026.
How we got here
Commerce initiated the China CVD investigation March 20, 2026, and published its Preliminary Determination on July 30, 2026 (91 FR 48076). In that Preliminary Determination, Commerce applied facts available with an adverse inference (AFA) to mandatory respondents Dantan New Materials Co., Ltd. and Shanxi Juxian Graphite New Material Co., Ltd., and to the Government of China.
On September 1, 2026, the Large Diameter Graphite Electrodes Fair Trade Coalition filed a timely critical circumstances allegation. This September 24 notice is Commerce's preliminary affirmative critical circumstances determination.
Suspension lookback to May 1, 2026
POI: Jan 1–Dec 31, 2025 · Case C-570-221
Suspend unliquidated entries on/after May 1, 2026 (90 days before Preliminary Determination publication)
Cash deposits: estimated preliminary subsidy rates from the July 30 Preliminary Determination
Final determination currently scheduled Dec 7, 2026
Under section 703(e)(2)(A), for Dantan New Materials, Shanxi Juxian, and all other producers and/or exporters, Commerce intends to direct CBP to suspend liquidation of unliquidated entries of subject merchandise from China entered, or withdrawn from warehouse for consumption, on or after May 1, 2026, and to require a cash deposit equal to the estimated preliminary subsidy rates established in the Preliminary Determination. Suspension remains in effect until further notice.
This critical circumstances notice points to the July 30, 2026 Preliminary Determination for cash-deposit rates. It does not republish subsidy percentage tables. Pull rates from that earlier notice (91 FR 48076), not from secondary digests.
Massive-imports analysis note
In the massive-imports analysis, Commerce references HTSUS number 8545.11.0020 and finds the record supports a massive surge in imports between the base and comparison periods for all other exporters and producers of large graphite electrodes from China.
Case briefs or other written comments limited to this preliminary critical circumstances determination are due no later than seven days after publication. Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than five days after the case-brief deadline.
CVD cash deposits and assessed countervailing duties remain generally outside drawback (AD/CVD drawback exclusion).
- Prelim affirmative critical circumstances for large diameter graphite electrodes from China (91 FR 60593; FR Doc. 2026-19518; applicable Sept 24, 2026). POI Jan 1–Dec 31, 2025.
- July 30 Preliminary Determination applied AFA to Dantan New Materials, Shanxi Juxian, and the Government of China.
- Suspend unliquidated entries on or after May 1, 2026 (90 days before Preliminary Determination publication); cash deposits at preliminary subsidy rates from that earlier notice.
- Final determination currently scheduled December 7, 2026.
- Massive-imports analysis references HTSUS 8545.11.0020. Critical-circumstances case briefs due within 7 days of publication. Do not invent subsidy percentages from this notice alone.
- Large Diameter Graphite Electrodes From the People's Republic of China: Preliminary Affirmative Critical Circumstances Determination in Countervailing Duty Investigation (91 FR 60593; FR Doc. 2026-19518) · International Trade Administration, Department of Commerce
This article is for general information and is not legal or tax advice. Drawback eligibility depends on your specific facts, and final refunds are determined by CBP at liquidation. Consult a licensed customs broker or attorney for your situation.