80 FR 34899 - Certain Magnesia Carbon Bricks From the People's Republic of China and Mexico: Notice of Court Decision Not in Harmony With Final Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court Decision

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 80, Issue 117 (June 18, 2015)

On May 22, 2015, the United States Court of International Trade (CIT) sustained the Final Redetermination issued by the Department of Commerce (Department), in which it determined that Fedmet Resources Corporation's (Fedmet) Bastion[supreg] magnesia alumina carbon bricks (MACBs) are outside the scope of the antidumping and countervailing duty orders on certain magnesia carbon bricks (MCBs) from Mexico and the People's Republic of China (PRC),\1\ pursuant to the CIT's remand order in Fedmet Resources Corporation v. United States, Court No. 12-00215 (CIT February 23, 2015).\2\ ---------------------------------------------------------------------------

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Notices]
[Pages 34899-34900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15009]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-837, A-570-954, C-570-955]


Certain Magnesia Carbon Bricks From the People's Republic of 
China and Mexico: Notice of Court Decision Not in Harmony With Final 
Scope Ruling and Notice of Amended Final Scope Ruling Pursuant to Court 
Decision

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: On May 22, 2015, the United States Court of International 
Trade (CIT) sustained the Final Redetermination issued by the 
Department of Commerce (Department), in which it determined that Fedmet 
Resources Corporation's (Fedmet) Bastion[supreg] magnesia alumina 
carbon bricks (MACBs) are outside the scope of the antidumping and 
countervailing duty orders on certain magnesia carbon bricks (MCBs) 
from Mexico and the People's Republic of China (PRC),\1\ pursuant to 
the CIT's remand order in Fedmet Resources Corporation v. United 
States, Court No. 12-00215 (CIT February 23, 2015).\2\
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    \1\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 57257 
(September 20, 2010) and Certain Magnesia Carbon Bricks from the 
People's Republic of China: Countervailing Duty Order, 75 FR 57442 
(September 21, 2010) (Orders).
    \2\ See Final Results of Redetermination Pursuant to Court 
Remand Magnesia Carbon Bricks from the People's Republic of China 
and Mexico, Fedmet Resources Corporation v. United States, Court No. 
12-00215 (March 24, 2015) (Final Redetermination).
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    Consistent with the decision of the United States Court of Appeals 
for the Federal Circuit (CAFC) in Timken,\3\ as clarified by Diamond 
Sawblades,\4\ the Department is notifying the public that the final 
judgment in this case is not in harmony with the Department's Final 
Scope Ruling on Bastion[supreg] MACBs \5\ and is amending its final 
scope ruling.
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    \3\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 
1990) (Timken).
    \4\ See Diamond Sawblades Mfrs. Coalition v. United States, 626 
F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
    \5\ See ``Memorandum from Barbara E. Tillman, ``Certain Magnesia 
Carbon Bricks From the People's Republic of China and Mexico: Final 
Scope Ruling- Fedmet Resources Corporation'' dated July 2, 2012 
(Final Scope Ruling) at 2.

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DATES: Effective Date: June 1, 2015.

FOR FURTHER INFORMATION CONTACT: Andrew Huston, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4261.

SUPPLEMENTARY INFORMATION:

Background

    On May 3, 2011, Fedmet filed a request for a scope ruling claiming 
that its Bastion[supreg] MACBs are outside the scope of the Orders. The 
Department issued its Final Scope Ruling on July 2, 2012, and found 
that Fedmet's Bastion[supreg] MACBs are included in the scope of the 
Orders.
    Fedmet challenged the Department's Final Scope Ruling before the 
CIT. On May 30, 2013, the CIT sustained the Department's analysis 
pursuant to 19 CFR 351.225(k)(1) and (k)(2).\6\ Fedmet appealed the 
CIT's judgment to the CAFC. On June 20, 2014, in a divided decision, 
the CAFC reversed the CIT.\7\ The CAFC held that the references to 
``MACBs'' in the (k)(1) sources resolved the inquiry and that the scope 
of the Orders did not extend to MACBs.\8\
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    \6\ See Fedmet Res. Corp. v. United States, 911 F. Supp. 2d 1348 
(Ct. Int'l Trade 2013).
    \7\ See Fedmet Res. Corp. v. United States, 755 F.3d 912, 923 
(CAFC 2014).
    \8\ Id. at 917.
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    On February 23, 2015, the Department issued its Final 
Redetermination and found that, pursuant to the CAFC's decision and the 
CIT's subsequent remand order, Bastion[supreg] MACBs imported by Fedmet 
were not subject to the Orders. The CIT sustained the Final 
Redetermination on May 22, 2015.\9\
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    \9\ See Fedmet Res. Corp. v. United States, Court No. 12-00215 
(CIT May 22, 2015) (judgment sustaining Final Redetermination).
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Timken Notice

    In its decision in Timken, as clarified by Diamond Sawblades, the 
CAFC has held that, pursuant to section 516A(c) of the Tariff Act of 
1930, as amended (the Act), the Department must publish a notice of 
court decision that is not ``in harmony'' with a Department 
determination and must suspend liquidation of entries pending a 
``conclusive'' court decision. The CIT's May 22, 2015, judgment in this 
case constitutes a final decision of that court that is not in harmony 
with the Department's Final Scope Ruling. This notice is published in 
fulfillment of the publication requirements of Timken. Accordingly, the 
Department will continue suspension of liquidation of Bastion[supreg] 
MACBs imported by Fedmet pending expiration of the period of appeal or, 
if appealed, pending a final and conclusive court decision.

Amended Final Scope Ruling

    Because there is now a final court decision with respect to this 
case, the Department is amending the Final Scope Ruling and finds 
Fedmet's

[[Page 34900]]

Bastion[supreg] MACBs to be outside the scope of the Orders. The 
Department will instruct U.S. Customs and Border Protection (CBP) that 
the cash deposit rate will be zero percent for Fedmet's Bastion[supreg] 
MACBs. In the event that the CIT's ruling is not appealed, or if 
appealed, upheld by the CAFC, the Department will instruct CBP to 
liquidate entries of Fedmet's Bastion[supreg] MACBs without regard to 
antidumping and/or countervailing duties, and to lift suspension of 
liquidation of such entries.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
516A(e)(1) and 777(i)(1) of the Act.

    Dated: June 11, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-15009 Filed 6-17-15; 8:45 am]
BILLING CODE 3510-DS-P