Large diameter graphite electrodes from India: preliminary critical circumstances in CVD
Commerce preliminarily finds critical circumstances in the India large diameter graphite electrodes CVD case. May 1 lookback, July 30 subsidy rates, and how this differs from the Sept 30 LTFV prelim.
Commerce preliminarily determines that critical circumstances exist with respect to imports of large diameter graphite electrodes from India in the CVD investigation. Applicable October 1, 2026 (91 FR 62498; FR Doc. 2026-20162). Case C-533-949. Period of investigation January 1, 2025, through December 31, 2025. This is distinct from the September 30 India LTFV preliminary (India graphite electrodes LTFV prelim).
India large diameter graphite electrodes CVD: prelim affirmative critical circumstances. Suspend unliquidated entries on/after May 1, 2026. Cash deposits at July 30 prelim subsidy rates: GIL 3.68%; HEG 6.99%; all others 5.87%. Final currently Dec 7, 2026.
How we got here
Commerce initiated the India CVD investigation March 20, 2026, and published its Preliminary Determination July 30, 2026 (91 FR 48081; FR Doc. 2026-15396). On September 1, 2026, Resonac Graphite America Inc. and Tokai Carbon GE LLC filed a timely critical circumstances allegation. Because the allegation landed after the Preliminary Determination, Commerce had 30 days to issue this preliminary finding.
Suspension lookback and cash deposits
Suspend unliquidated entries on/after May 1, 2026 (90 days before July 30 Preliminary Determination)
Graphite India Limited (GIL): 3.68% prelim subsidy rate
HEG Limited: 6.99% prelim subsidy rate
All Others: 5.87% prelim subsidy rate
Final determination currently scheduled Dec 7, 2026
Under section 703(e)(2)(A), for GIL, HEG, and all other producers and/or exporters, Commerce intends to direct CBP to suspend liquidation of unliquidated entries of subject merchandise from India entered, or withdrawn from warehouse for consumption, on or after May 1, 2026, and to require a cash deposit equal to the estimated preliminary subsidy rates from the July 30 Preliminary Determination. Suspension remains in effect until further notice.
Pull India large diameter graphite electrode entries from May 1, 2026 forward and confirm ACE is collecting CVD deposits at the company or all-others rate above. Entries that entered after May 1 but before the July 30 prelim publication can now face retroactive suspension and deposits. Model these CVD layers as non-recoverable for drawback.
Why Commerce found critical circumstances
Commerce preliminarily finds a reasonable basis to believe or suspect that GIL, HEG, and all other producers/exporters received subsidies inconsistent with the SCM Agreement (export-contingent programs including Advance Authorization, Duty Drawback, EPCGS, and RoDTEP), and that imports were massive (more than 15 percent) between the base and comparison periods. Final critical circumstances will ride with the CVD final, currently scheduled December 7, 2026.
CVD cash deposits and assessed countervailing duties remain generally outside drawback (AD/CVD drawback exclusion).
- Prelim affirmative critical circumstances in India large diameter graphite electrodes CVD (91 FR 62498; FR Doc. 2026-20162; C-533-949; applicable Oct 1, 2026). POI Jan 1–Dec 31, 2025.
- Suspend unliquidated entries on or after May 1, 2026 (90 days before the July 30 Preliminary Determination publication).
- Cash deposits at prelim subsidy rates from 91 FR 48081: GIL 3.68%; HEG 6.99%; all others 5.87%.
- Distinct from the Sept 30 India LTFV prelim (A-533-948). CVD final currently Dec 7, 2026.
- AD/CVD generally outside drawback. Confirm ACE deposit instructions for May 1+ India entries.
- Large Diameter Graphite Electrodes From India: Preliminary Affirmative Critical Circumstances Determination in Countervailing Duty Investigation (91 FR 62498; FR Doc. 2026-20162) · International Trade Administration, Department of Commerce
- Large Diameter Graphite Electrodes From India: Preliminary Affirmative Countervailing Duty Determination and Alignment of Final Determination With Final Antidumping Duty Determination (91 FR 48081; FR Doc. 2026-15396) · 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.