Tariffs & HTS
U.S. finds critical circumstances for Chinese graphite electrodes
Commerce preliminarily found critical circumstances in its countervailing duty investigation of large diameter graphite electrodes from China. It intends to have CBP suspend liquidation of unliquidated entries made on or after May 1, 2026, which is 90 days before the July 30, 2026 preliminary CVD determination was published, and to collect cash deposits at that determination's subsidy rates.
What changed
The finding covers the two mandatory respondents, Dantan New Materials Co., Ltd. and Shanxi Juxian Graphite New Material Co., Ltd., which did not cooperate and received adverse facts available, and all other producers and exporters.
Commerce found a reasonable basis to believe that export-contingent subsidies were given, such as export loans from a state-owned bank, export seller's and buyer's credit and export assistance grants.
Using Trade Data Monitor data for HTSUS 8545.11.0020, it found that imports in a five-month comparison period starting March 2026 exceeded the October 2025 to February 2026 base period by more than 15 percent. Provisional measures were first applied in July 2026; this finding reaches back to entries from May 1, 2026.
The notice does not restate the subsidy rates or the scope, which are in the July 30 determination. Comments are due seven days after publication, and the final determination, including critical circumstances, is scheduled for December 7, 2026.
What an import team should check
- List unliquidated entries of large diameter graphite electrodes from China entered or withdrawn from warehouse on or after May 1, 2026, including those made before July 30, 2026.
- Pull the July 30, 2026 preliminary CVD determination to confirm the scope and the deposit rate for each producer or exporter, since this notice does not restate them.
- Ask your customs broker how CBP will collect deposits on the earlier entries, and diary December 7, 2026, when the final determination, including critical circumstances, is scheduled.