80 FR 51536 - Certain Magnesia Carbon Bricks From the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 164 (August 25, 2015)
International Trade Administration
Federal Register Volume 80, Issue 164 (August 25, 2015)
| Page Range | 51536-51538 | |
| FR Document | 2015-21048 |
[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)] [Notices] [Pages 51536-51538] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-21048] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-955] Certain Magnesia Carbon Bricks From the People's Republic of China: Notice of Rescission of Countervailing Duty Administrative Review AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is rescinding its administrative review of the countervailing duty (CVD) order on certain magnesia carbon bricks (MCBs) from the People's Republic of China (PRC) for the period January 1, 2013, through December 31, 2013 (POR). DATES: Effective date: August 25, 2015. FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, 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- 3586. [[Page 51537]] SUPPLEMENTARY INFORMATION: Background On September 2, 2014, the Department published in the Federal Register a notice of ``Opportunity to Request Administrative Review'' of the CVD order on MCBs from the PRC for the POR.\1\ The deadline for the completion of the preliminary results is August 31, 2015.\2\ On September 30, 2014, Petitioner in this proceeding, Resco Products, Inc., and an interested party, Magnesita Refractories Company (Magnesita), submitted a timely request for an administrative review of five companies: (1) Fedmet Resources Corporation; (2) Fengchi Imp. and Exp. Co., Ltd. of Haicheng City (Fengchi Co.); (3) Fengchi Mining Co., Ltd. of Haicheng City (Fengchi Mining); (4) Fengchi Refractories Corp. (Fengchi Refractories); and (5) Puyang Refractories Co., Ltd. (collectively, Companies Subject to Review).\3\ On October 30, 2014, in accordance with 19 CFR 351.221(c)(1)(i), the Department published in the Federal Register a notice of initiation of an administrative review on the CVD order on MCBs from the PRC with respect to the Companies Subject to Review.\4\ --------------------------------------------------------------------------- \1\ See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 51958 (September 2, 2014). \2\ See Department Memoranda, ``Certain Magnesia Carbon Bricks from the People's Republic of China: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review,'' (May 22, 2015), and ``Certain Magnesia Carbon Bricks from the People's Republic of China: Second Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review,'' (July 1, 2015). \3\ See Letter to the Secretary from Petitioner and Magnesita, ``Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Administrative Review,'' (September 30, 2014). \4\ See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 64565, 64568 (October 30, 2014) (Initiation Notice); see also Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 66694, 66695 (November 10, 2014), and Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 37588, 37596 (July 1, 2015), correcting printing errors in the Initiation Notice. --------------------------------------------------------------------------- The Department stated in the Initiation Notice that it intended to rely on U.S. Customs and Border Protection (CBP) data to select respondents.\5\ On November 5, 2014, we released U.S. Customs and Border Protection (CBP) entry data to interested parties for comments regarding respondent selection.\6\ On November 14, 2014, Fengchi Co. submitted comments on the Original CBP Data, and expressed concerns that the Original CBP Data may not accurately reflect POR entries of subject merchandise.\7\ No other party commented on the Original CBP Data. --------------------------------------------------------------------------- \5\ See Initiation Notice at ``Respondent Selection.'' \6\ See Department Memorandum, ``2013 Countervailing Duty Administrative Review of Certain Magnesia Carbon Bricks from the People's Republic of China: U.S. Customs and Border Protection Entry Data,'' (November 5, 2014) (Original CBP Data). \7\ See Letter to the Secretary from Fengchi Co., ``Magnesia Carbon Bricks form the People's Republic of China, Case No. C-570- 955: Comments on U.S. Customs and Border Protection Entry Data,'' (November 14, 2014) (Fengchi Co. CBP Data Comments). --------------------------------------------------------------------------- On December 19, 2014, we received timely no shipment certifications from Fengchi Co., Fengchi Mining, and Fengchi Refractories.\8\ These three companies also requested that we rescind this administrative review.\9\ Although Fengchi Co., Fengchi Mining, and Fengchi Refractories each certified that they had had no reviewable entries of subject merchandise during the POR, the Original CBP Data did show that Fengchi Co. had exports of subject merchandise that were entered during the POR.\10\ As a result, in our Respondent Selection Memorandum, we selected Fengchi Co. as our sole mandatory respondent.\11\ --------------------------------------------------------------------------- \8\ See Letter to the Secretary from Fengchi Co., Fengchi Mining, and Fengchi Refractories, ``Magnesia Carbon Brick from the People's Republic of China, Case No. C-570-955: No Shipments Letter,'' (December 19, 2014). \9\ Id. \10\ See Original CBP Data. \11\ See Department Memorandum, ``Administrative Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People's Republic of China: Respondent Selection,'' (January 28, 2015) (Respondent Selection Memorandum). --------------------------------------------------------------------------- Subsequently, the Department found that its data query that generated the Original CBP Data had been constructed for an incorrect period. The Department placed Corrected CBP Data onto the record on July 22, 2015, and gave interested parties an opportunity to comment on these data.\12\ Our review of the Corrected CBP Data led us to conclude that there were no entries of MCBs from the PRC that were subject to countervailing duties with respect to the Companies Subject to Review during the POR.\13\ Accordingly, we sent requests to CBP to notify us if there was any indication from CBP ports that shipments of MCBs from the PRC regarding the Companies Subject to Review entered the United States during the POR.\14\ We received no information from CBP to contradict the Corrected CBP Data. --------------------------------------------------------------------------- \12\ See Department Memorandum, ``Administrative Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People's Republic of China: Respondent Selection--Corrected POR Entry Information,'' (July 14, 2015) (Corrected CBP Data). \13\ Id. \14\ See CBP Inquiries, Message Nos.: 5174303 (June 23, 2015); 5174304 (June 23, 2015); 5198315 (July 17, 2015); and 5219308 (August 7, 2015). --------------------------------------------------------------------------- On July 28, 2015, Resco, Magnesita, and Harbison Walker International submitted timely comments on the Corrected CBP Data, requesting that the Department ask CBP for entry summary information regarding the entries listed in the Corrected CBP Data.\15\ No other party commented on the Corrected CBP Data. --------------------------------------------------------------------------- \15\ See Letter to the Secretary from the Magnesia Carbon Bricks Fair Trade Committee, ``Certain Magnesia Carbon Bricks From the People's Republic of China: Petitioners' Comments on the CBP Data,'' (July 28, 2015). --------------------------------------------------------------------------- On August 12, 2015, the Department issued a memorandum stating that it intended to rescind this review based on the lack of suspended entries for Companies Subject to Review.\16\ We invited parties to comment on our intent to rescind this administrative review; \17\ we did not receive any comments from any interested party. --------------------------------------------------------------------------- \16\ See Department Memorandum, ``Administrative Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People's Republic of China; Intent to Rescind Administrative Review,'' (August 12, 2015). \17\ Id. --------------------------------------------------------------------------- Rescission of Review Section 351.213(d)(3) of the Department's regulations states that ``{the{time} Secretary may rescind an administrative review, in whole or only with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise, as the case may be.'' \18\ At the end of a review, the suspended entries are liquidated at the assessment rate calculated for the review period.\19\ Therefore, for an administrative review to be conducted there must be a suspended entry to be liquidated at the newly calculated assessment rate. The Department's practice of rescinding annual reviews when there are no entries of subject merchandise during the POR has been upheld by the Court of Appeals for the Federal Circuit.\20\ --------------------------------------------------------------------------- \18\ See, e.g., Certain Preserved Mushrooms From India: Notice of Rescission of Antidumping Duty Administrative Review, 79 FR 52300 (September 3, 2014) (Mushrooms from India); see also Certain Frozen Warmwater Shrimp From Brazil: Notice of Rescission of Antidumping Duty Administrative Review, 77 FR 32498 (June 1, 2012). \19\ See 19 CFR 351.212(b)(2). See also section 751(a)(1)(A) of the Act. \20\ See Allegheny Ludlum Corp. v. United States, 346 F.3d 1368 (Fed. Cir. 2003). --------------------------------------------------------------------------- In this instance, because the Corrected CBP Data show there are no suspended [[Page 51538]] entries from the Companies Subject to Review upon which to assess duties for the POR, the Department is rescinding this review of the countervailing duty order on MCBs from the PRC pursuant to 19 CFR 351.231(d)(3). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after the date of publication of this notice. Administrative Protective Order This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is published in accordance with section 751 of the Act and 19 CFR 351.213(d)(4). Dated: August 18, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-21048 Filed 8-24-15; 8:45 am] BILLING CODE 3510-DS-P
![51536 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices
importation.7 The Department further finished merchandise exclusion, the Amended Final Determination
determined that the mopping kits at quick-connect frames and quick-connect Because there is now a final court
issue do not meet the exclusion criteria handles were excluded from the Orders decision with respect to the Final Scope
for finished goods kits and, thus, are because (1) they are comprised of Ruling on Cleaning System
covered by the scope of the Orders extruded aluminum and non-extruded Components, the Department amends its
because they lack the disposable mop aluminum components (thus satisfying final scope ruling. The Department finds
ends at the time of importation.8 the ‘‘aluminum extrusions as parts . . .’’ that the scope of the Orders does not
In Rubbermaid I the Court held that definition of the exclusion), and (2) they cover the 13 product models of Quick-
the Department failed to adequately are ‘‘fully and permanently assembled Connect frames, Quick-Connect
explain its reasoning in the final scope and completed at the time of entry,’’ handles, and mopping kits addressed in
ruling that the Quick-Connect frames regardless of whether they are later the underlying Scope Request filed by
and Quick-Connect handles at issue did incorporated with other components, or Rubbermaid. The Department will
not meet the finished merchandise assembled into a larger downstream instruct U.S. Customs and Border
exclusion because they were ‘‘designed
product (i.e., a subassembly).16 Protection (CBP) that the cash deposit
to function collaboratively’’ with other
With respect to the mopping kits, the rate will be zero percent for
components to form a completed
Department found that these products Rubbermaid’s Quick-Connect frames,
cleaning device.9 Thus, on remand, the
met the exclusion for finished goods kits Quick-Connect handles, and mopping
Court ordered the Department to
because (1) they were comprised of kits. In the event that the CIT’s ruling is
reconsider its analysis of the finished
aluminum extrusions plus an additional not appealed, or if appealed, upheld by
merchandise exclusion and its
non-extruded aluminum component the CAFC, the Department will instruct
application to products designed to
which went beyond mere fasteners, and CBP to liquidate entries of Rubbermaid’s
work in conjunction with other goods,10
Quick-Connect frames, Quick-Connect
and to further consider Rubbermaid’s (2) in light of the certain other scope
argument distinguishing ‘‘finished handles, and mopping kits without
rulings,17 the interchangeable
goods’’ (to be excluded) from regard to antidumping and/or
disposable mop end was not necessary
‘‘intermediate goods’’ (to be included).11 countervailing duties, and to lift
to meet the exclusion for a finished
In addition, the Court ordered the suspension of liquidation of such
goods kit.18 On July 22, 2015, the CIT
Department to reconsider its alleged entries.
sustained the Department’s Remand This notice is issued and published in
distinction between merchandise that is Results.19 accordance with section 516A(c)(1) of
designed to be adaptable,
Timken Notice the Act.
interchangeable and flexible, and
merchandise that is permanently Dated: August 19, 2015.
In its decision in Timken 20 as
assembled, in light of any appropriate Paul Piquado,
scope rulings.12 The Court also held that clarified by Diamond Sawblades, the
Assistant Secretary for Enforcement and
if the Department continues to find that CAFC has held that, pursuant to Compliance.
the Quick-Connect handles and Quick- sections 516A(c) and (e) of the Tariff Act [FR Doc. 2015–21047 Filed 8–24–15; 8:45 am]
Connect frames do not constitute of 1930, as amended (the Act), the
BILLING CODE 3510–DS–P
‘‘finished merchandise’’, then the Department must publish a notice of a
Department must affirmatively define court decision that is not ‘‘in harmony’’
that term, taking into account with a Department determination and DEPARTMENT OF COMMERCE
Rubbermaid’s proposed definition.13 must suspend liquidation of entries
Lastly, concerning the mopping kits at pending a ‘‘conclusive’’ court decision. International Trade Administration
issue, the Court ordered the Department The CIT’s July 22, 2015, judgment in [C–570–955]
to reconsider its interpretation of the Rubbermaid II sustaining the
finished goods kit exclusion, taking into Department’s decision in the Remand Certain Magnesia Carbon Bricks From
account applicable scope rulings that Results to find that the Quick-Connect the People’s Republic of China: Notice
discuss the adaptable, interchangeable frames, Quick-Connect handles, and of Rescission of Countervailing Duty
nature of products for purposes of this mopping kits at issue to be excluded Administrative Review
exclusion.14 from the scope of the Orders, constitutes
In the Remand Results, the a final decision of that court that is not AGENCY: Enforcement and Compliance,
Department clarified its interpretation of International Trade Administration,
in harmony with the Department’s Final
the exclusion criteria for ‘‘finished Department of Commerce.
Scope Ruling on Cleaning System SUMMARY: The Department of Commerce
merchandise’’ and ‘‘finished goods Components. This notice is published in
kits.’’ 15 The Department first found that, (the Department) is rescinding its
fulfillment of the publication administrative review of the
pursuant to its interpretation of the requirements of Timken. Accordingly, countervailing duty (CVD) order on
the Department will continue the certain magnesia carbon bricks (MCBs)
7 See Final Scope Ruling on Cleaning System
Components at 9.
suspension of liquidation of the Quick- from the People’s Republic of China
8 Id. Connect frames, Quick-Connect (PRC) for the period January 1, 2013,
9 See Rubbermaid I, Slip Op. 14–113 at 17–20. handles, and mopping kits at issue through December 31, 2013 (POR).
10 Id. at 20. pending expiration of the period of DATES: Effective date: August 25, 2015.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
11 Id. at 20–23.
appeal or, if appealed, pending a final
12 Id. at 23–27. FOR FURTHER INFORMATION CONTACT:
and conclusive court decision.
13 Id. at 28–29. Gene H. Calvert, AD/CVD Operations,
14 Id. at 30–33, referencing Banner Stands Scope
16 Id.
Office VII, Enforcement and
at 11–12, 14–17.
Ruling and the Memorandum to Christian Marsh,
17 See
Compliance, International Trade
Deputy Assistant Secretary for Antidumping and Banner Stands Scope Ruling; see also EZ
Wall Systems Scope Ruling. Administration, U.S. Department of
Countervailing Duty Operations, ‘‘Final Scope
Ruling on EZ Fabric Wall Systems,’’ (November 9, 18 Id. Commerce, 14th Street and Constitution
2011) (EZ Fabric Wall Systems Scope Ruling). 19 See Rubbermaid II, Slip Op. 15–79 at 15. Avenue NW., Washington, DC 20230;
15 See Remand Results 11–12, 14–17. 20 See Timken, 893 F.2d at 341. telephone: (202) 482–3586.
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![51538 Federal Register / Vol. 80, No. 164 / Tuesday, August 25, 2015 / Notices
entries from the Companies Subject to Washington, DC 20230 (or via the Form Number: None.
Review upon which to assess duties for Internet at JJessup@doc.gov). Type of Review: Regular submission
the POR, the Department is rescinding FOR FURTHER INFORMATION CONTACT: (request for a new information
this review of the countervailing duty Requests for additional information or collection).
order on MCBs from the PRC pursuant copies of the information collection Affected Public: Members of the
to 19 CFR 351.231(d)(3). The instrument and instructions should be public.
Department intends to issue appropriate directed to George Silva at (301) 427– Estimated Number of Respondents:
assessment instructions directly to CBP 8503 or george.silva@noaa.gov. 260 tournament operators and 2,500
15 days after the date of publication of SUPPLEMENTARY INFORMATION: tournament participants.
this notice. Estimated Time Per Response: 15
I. Abstract minutes per survey.
Administrative Protective Order Estimated Total Annual Burden
This request is for a new collection of
This notice serves as a reminder to information. Hours: 690.
parties subject to administrative The objective of the study is to collect Estimated Total Annual Cost to
protective order (APO) of their information on the earnings and Public: $0 in recordkeeping/reporting
responsibility concerning the expenditures of Atlantic Highly costs.
disposition of proprietary information Migratory Species (HMS) tournament IV. Request for Comments
disclosed under APO in accordance operators and participants. The study
with 19 CFR 351.305(a)(3). Timely will use two survey instruments to Comments are invited on: (a) Whether
written notification of return or collect information from tournament the proposed collection of information
destruction of APO materials or operators and participants. One survey is necessary for the proper performance
conversion to judicial protective order is will ask tournament operators to of the functions of the agency, including
hereby requested. Failure to comply characterize and quantify their whether the information shall have
with the regulations and the terms of an operating costs and income sources in practical utility; (b) the accuracy of the
APO is a sanctionable violation. addition to describing their tournament agency’s estimate of the burden
This notice is published in participants. The other survey (including hours and cost) of the
accordance with section 751 of the Act instrument will ask fishing tournament proposed collection of information; (c)
and 19 CFR 351.213(d)(4). participants to estimate their ways to enhance the quality, utility, and
expenditures associated with travel to, clarity of the information to be
Dated: August 18, 2015.
entering, and participating in the collected; and (d) ways to minimize the
Christian Marsh, burden of the collection of information
tournament.
Deputy Assistant Secretary for Antidumping The National Marine Fisheries Service on respondents, including through the
and Countervailing Duty Operations. (NMFS) will collect cost and earnings use of automated collection techniques
[FR Doc. 2015–21048 Filed 8–24–15; 8:45 am] data from all tournaments registered or other forms of information
BILLING CODE 3510–DS–P within the year (approximately 260 technology.
based on recent years’ tournament Comments submitted in response to
registration data). In addition, NMFS this notice will be summarized and/or
DEPARTMENT OF COMMERCE will select fifty percent of registered included in the request for OMB
tournaments to distribute expenditure approval of this information collection;
National Oceanic and Atmospheric
surveys to anglers registered for those they also will become a matter of public
Administration
tournament events. The Atlantic HMS record.
Proposed Information Collection; Management Division is currently Dated: August 19, 2015.
Comment Request; Expenditure consulting with tournament organizers Sarah Brabson,
Survey of Atlantic Highly Migratory and participants to design the survey
NOAA PRA Clearance Officer.
Species Tournaments and Participants instruments to ensure NMFS captures
[FR Doc. 2015–20890 Filed 8–24–15; 8:45 am]
data on all relevant expenditures.
AGENCY: National Oceanic and As specified in the Magnuson- BILLING CODE 3510–22–P
Atmospheric Administration (NOAA), Stevenson Fishery Conservation and
Commerce. Management Act of 1996 (and
reauthorized in 2007), NMFS is required DEPARTMENT OF COMMERCE
ACTION: Notice.
to enumerate the economic impacts of National Oceanic and Atmospheric
SUMMARY: The Department of the policies it implements on fishing Administration
Commerce, as part of its continuing participants and coastal communities.
effort to reduce paperwork and The cost and earnings data collected in Availability of Seats for National
respondent burden, invites the general this survey will be used to estimate the Marine Sanctuary Advisory Councils,
public and other Federal agencies to economic contributions and impacts of Correction
take this opportunity to comment on Atlantic HMS tournaments regionally.
proposed and/or continuing information AGENCY: Office of National Marine
II. Method of Collection Sanctuaries (ONMS), National Ocean
collections, as required by the
Paperwork Reduction Act of 1995. The primary data collection vehicle Service (NOS), National Oceanic and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
will be paper and/or internet-based Atmospheric Administration (NOAA),
DATES: Written comments must be
survey forms delivered at tournament Department of Commerce (DOC).
submitted on or before October 26,
2015. events. Telephone and personal ACTION: Notice and request for
interviews may be employed to applications; correction.
ADDRESSES: Direct all written comments supplement and verify written survey
to Jennifer Jessup, Departmental responses. SUMMARY: ONMS published a request for
Paperwork Clearance Officer, applications for vacant seats on seven of
Department of Commerce, Room 6616, III. Data its 13 national marine sanctuary
14th and Constitution Avenue NW., OMB Control Number: 0648–XXXX. advisory councils on August 14, 2015
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Document Created: 2018-02-23 11:02:40
Document Modified: 2018-02-23 11:02:40
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Effective date: August 25, 2015. | |
| Contact | Gene H. Calvert, 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- 3586. | |
| FR Citation | 80 FR 51536 |
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