80 FR 75971 - Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 234 (December 7, 2015)
International Trade Administration
Federal Register Volume 80, Issue 234 (December 7, 2015)
| Page Range | 75971-75972 | |
| FR Document | 2015-30794 |
[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)] [Notices] [Pages 75971-75972] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30794] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [C-570-955] Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on certain magnesia carbon bricks (MCBs) from the People's Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ``Final Results of Sunset Review'' section of this notice. DATES: Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 5255. SUPPLEMENTARY INFORMATION: Background On September 21, 2010, the Department published the CVD Order on MCBs from the PRC.\1\ On August 3, 2015, the Department published a notice of initiation of the first sunset review of the CVD Order on MCBs from the PRC pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).\2\ On August 18, 2015, the Magnesia Carbon Bricks Fair Trade Committee (the Committee) filed a notice of intent to participate in the review.\3\ The Committee claimed interested party status pursuant to section 771(9)(C) of the Act. --------------------------------------------------------------------------- \1\ See Certain Magnesia Carbon Bricks from the People's Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (CVD Order). \2\ See Initiation of Five-Year ``Sunset'' Reviews, 80 FR 45945 (August 3, 2015). \3\ See Letter to the Department, ``First Five-Year (``Sunset'') Review of Countervailing Duty Order on Magnesia Carbon Bricks From The People's Republic of China: Domestic Industry's Notice of Intent to Participate In Sunset Review,'' (August 18, 2015). The Committee is an ad hoc association of three U.S. producers of MCBs: Resco Products, Inc., Magnesita Refractories Company, and Harbison Walker International, Inc. --------------------------------------------------------------------------- The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a response from the Government of the PRC (GOC) or any respondent interested party to the proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), the Department conducted an expedited review of this CVD Order on MCBs. Scope of the Order The merchandise subject to this CVD Order includes certain chemically-bonded (resin or pitch), magnesia carbon bricks. Certain magnesia carbon bricks that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. The Issues and Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the order.\4\ --------------------------------------------------------------------------- \4\ See Department Memorandum, ``Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People's Republic of China,'' dated concurrently with this notice. --------------------------------------------------------------------------- [[Page 75972]] Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the CVD Order were revoked, and the nature of the subsidies. Final Results of Sunset Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on MCBs from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: ------------------------------------------------------------------------ Net countervailable Manufacturers/exporters/producers subsidy (percent) ------------------------------------------------------------------------ RHI Refractories Liaoning Co., Ltd. (RHIL), RHI 24.24 Refractories (Dalian) Co., Ltd. (RHID) and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI)................................................. Liaoning Mayerton Refractories (LMR) and Dalian 253.87 Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton)............................................ All Others............................................ 24.24 ------------------------------------------------------------------------ Notification Regarding Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015-30794 Filed 12-4-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices 75971
to this refinement, if the Department subsequent assessment of double Background
determines that an exporter under antidumping duties.
review had no shipments of the subject We are issuing and publishing these On September 21, 2010, the
merchandise, any suspended entries results in accordance with sections Department published the CVD Order
that entered under that exporter’s case 751(a)(1) and 777(i)(1) of the Act and 19 on MCBs from the PRC.1 On August 3,
number will be liquidated at the PRC- CFR 351.213. 2015, the Department published a notice
wide rate. of initiation of the first sunset review of
Dated: November 30, 2015. the CVD Order on MCBs from the PRC
In accordance with section
Christian Marsh, pursuant to section 751(c)(2) of the
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the Deputy Assistant Secretary for Antidumping Tariff Act of 1930, as amended (the
and Countervailing Duty Operations. Act).2 On August 18, 2015, the Magnesia
assessment of antidumping duties on
entries of merchandise covered by the Appendix—List of Topics Discussed in Carbon Bricks Fair Trade Committee
final results of this review and for future the Preliminary Decision Memorandum (the Committee) filed a notice of intent
deposits of estimated duties, where to participate in the review.3 The
I. Summary Committee claimed interested party
applicable. II. Background status pursuant to section 771(9)(C) of
Cash Deposit Requirements III. Scope of the Order
IV. Partial Rescission of Administrative
the Act.
The Department will instruct CBP to Review The Department received an adequate
require a cash deposit equal to the V. Discussion of the Methodology substantive response from the domestic
weighted-average amount by which the A. Non-Market Economy Country Status industry within the 30-day deadline
normal value exceeds U.S. price. The B. Separate Rate specified in 19 CFR 351.218(d)(3)(i).
following cash deposit requirements C. Surrogate Country The Department did not receive a
will be effective upon publication of the D. Date of Sale response from the Government of the
final results of this administrative E. Fair Value Comparisons
PRC (GOC) or any respondent interested
review for shipments of the subject F. Determination of Comparison Method
G. Export Price party to the proceeding. As a result,
merchandise from the PRC entered, or pursuant to section 751(c)(3)(B) of the
H. Constructed Export Price
withdrawn from warehouse, for I. Normal Value Act and 19 CFR 351.218(e)(l)(ii)(B)(2)
consumption on or after the publication J. Factor Valuations and (C)(2), the Department conducted
date of this notice, as provided by K. Currency Conversion an expedited review of this CVD Order
section 751(a)(2)(C) of the Act: (1) For VI. Recommendation on MCBs.
the exporters listed above, the cash [FR Doc. 2015–30792 Filed 12–4–15; 8:45 am]
deposit rate will be equal to the Scope of the Order
BILLING CODE 3510–DS–P
weighted-average dumping margin The merchandise subject to this CVD
established in the final results of this Order includes certain chemically-
review (except, if the rate is zero or de DEPARTMENT OF COMMERCE bonded (resin or pitch), magnesia
minimis, then the cash deposit rate will carbon bricks. Certain magnesia carbon
be zero for that exporter); (2) for International Trade Administration bricks that are the subject of this order
previously investigated or reviewed PRC are currently classifiable under
and non-PRC exporters not listed above [C–570–955]
subheadings 6902.10.1000,
that have separate rates, the cash Certain Magnesia Carbon Bricks From 6902.10.5000, 6815.91.0000,
deposit rate will continue to be the the People’s Republic of China: Final 6815.99.2000 and 6815.99.4000 of the
exporter-specific rate published for the Results of Expedited First Sunset Harmonized Tariff Schedule of the
most recently completed segment of this Review of the Countervailing Duty United States (HTSUS). While HTSUS
proceeding; (3) for all PRC exporters of Order subheadings are provided for
subject merchandise which have not convenience and customs purposes, the
been found to be entitled to a separate AGENCY: Enforcement and Compliance, written description is dispositive. The
rate, the cash deposit rate will be the International Trade Administration, Issues and Decision Memorandum,
rate for the PRC-wide entity and (4) for Department of Commerce. which is hereby adopted by this notice,
all non-PRC exporters of subject SUMMARY: The Department of Commerce provides a full description of the scope
merchandise that have not received (Department) finds that revocation of of the order.4
their own rate, the cash deposit rate will the countervailing duty (CVD) order on
be the rate applicable to the PRC certain magnesia carbon bricks (MCBs) 1 See Certain Magnesia Carbon Bricks from the
exporter that supplied that non-PRC from the People’s Republic of China People’s Republic of China: Countervailing Duty
exporter. These deposit requirements, (PRC) would be likely to lead to Order, 75 FR 57442 (September 21, 2010) (CVD
when imposed, shall remain in effect continuation or recurrence of a Order).
2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80
until further notice. countervailable subsidy at the levels FR 45945 (August 3, 2015).
Notification to Importers indicated in the ‘‘Final Results of Sunset 3 See Letter to the Department, ‘‘First Five-Year
Review’’ section of this notice. (‘‘Sunset’’) Review of Countervailing Duty Order on
This notice also serves as a Magnesia Carbon Bricks From The People’s
DATES: Effective Date: December 7, 2015.
preliminary reminder to importers of Republic of China: Domestic Industry’s Notice of
their responsibility under 19 CFR FOR FURTHER INFORMATION CONTACT: Intent to Participate In Sunset Review,’’ (August 18,
Jacqueline Arrowsmith, Office VII, AD/ 2015). The Committee is an ad hoc association of
mstockstill on DSK4VPTVN1PROD with NOTICES
351.402(f)(2) to file a certificate
CVD Operations, Enforcement and three U.S. producers of MCBs: Resco Products, Inc.,
regarding the reimbursement of Magnesita Refractories Company, and Harbison
antidumping duties prior to liquidation Compliance, International Trade Walker International, Inc.
of the relevant entries during this POR. Administration, U.S. Department of 4 See Department Memorandum, ‘‘Issues and
Failure to comply with this requirement Commerce, 14th Street and Constitution Decision Memorandum for the Final Results of the
Avenue NW., Washington, DC 20230; Expedited First Sunset Review of the
could result in the Department’s Countervailing Duty Order on Certain Magnesia
presumption that reimbursement of telephone (202) 482–5255. Carbon Bricks from the People’s Republic of
antidumping duties occurred and the SUPPLEMENTARY INFORMATION: China,’’ dated concurrently with this notice.
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![75972 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices
Analysis of Comments Received the main Department of Commerce rate likely to prevail if the CVD Order
building. In addition, a complete were revoked, and the nature of the
All issues raised in this review are version of the Issues and Decision subsidies.
addressed in the Issues and Decision Memorandum can be accessed at http://
Memorandum. The Issues and Decision enforcement.trade.gov/frn/. The signed Final Results of Sunset Review
Memorandum is a public document and Issues and Decision Memorandum and
is on file electronically via Enforcement Pursuant to sections 752(b)(1) and (3)
the electronic version of the Issues and
and Compliance’s Antidumping and of the Act, we determine that revocation
Decision Memorandum are identical in
Countervailing Duty Centralized of the CVD Order on MCBs from the
content. The issues discussed in the
Electronic Service System (ACCESS). Issues and Decision Memorandum PRC would be likely to lead to
ACCESS is available to registered users include the likelihood of continuation continuation or recurrence of a net
at http://access.trade.gov and in the or recurrence of a countervailable countervailable subsidy at the rates
Central Records Unit, Room B8024 of subsidy, the net countervailable subsidy listed below:
Net
countervailable
Manufacturers/exporters/producers subsidy
(percent)
RHI Refractories Liaoning Co., Ltd. (RHIL), RHI Refractories (Dalian) Co., Ltd. (RHID) and Liaoning RHI Jinding Magnesia
Co., Ltd. (RHIJ) (collectively, RHI) ............................................................................................................................................... 24.24
Liaoning Mayerton Refractories (LMR) and Dalian Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton) .................... 253.87
All Others ......................................................................................................................................................................................... 24.24
Notification Regarding Administrative SUMMARY: The Department of Commerce United States (HTSUS) 0703.20.0010,
Protective Order (Department) is conducting the 20th 0703.20.0020, and 0703.20.0090.
This notice also serves as the only administrative review of the Although the HTSUS numbers are
reminder to parties subject to antidumping duty order on fresh garlic provided for convenience and customs
administrative protective order (APO) of from the People’s Republic of China purposes, the written product
their responsibility concerning the (PRC) covering the period of review description remains dispositive. For a
return or destruction of proprietary (POR) November 1, 2013, through full description of the scope of this
information disclosed under APO in October 31, 2014.1 This review covers order, please see ‘‘III. Scope of the
accordance with 19 CFR 351.305. 161 manufacturers/exporters of subject Order’’ in the accompanying
Timely notification of the return or merchandise.2 We preliminarily find Preliminary Decision Memorandum.3
destruction of APO materials or that mandatory respondent Shenzhen
Partial Rescission of Administrative
conversion to judicial protective orders Xinboda Industrial Co., Ltd. (Xinboda)
Review and Preliminary Intent To
is hereby requested. Failure to comply made sales of subject merchandise at
Rescind the Review
less than normal value (NV). In
with the regulations and terms of an On December 23, 2014, the
addition, the Department preliminarily
APO is a violation which is subject to Department initiated a review of 161
finds that the other mandatory
sanction. companies in this proceeding.4 Between
The Department is issuing and respondents, Hebei Golden Bird Trading
Co., Ltd. (Golden Bird) and Qingdao January 16 and March 17, 2015,
publishing these final results and this
Tiantaixing Foods Co., Ltd. (QTF), are withdrawal requests were timely filed
notice in accordance with sections
part of the PRC-wide entity. We invite for 81 companies.5 The Department is,
751(c), 752(b), and 777(i)(1) of the Act
interested parties to comment on these therefore, partially rescinding this
and 19 CFR 351.218.
preliminary results. review with respect to the companies
Dated: December 1, 2015. DATES: Effective date: December 7, 2015. listed in Appendix I, in accordance with
Christian Marsh, FOR FURTHER INFORMATION CONTACT: 19 CFR 351.213(d)(1). In addition, we
Deputy Assistant Secretary for Antidumping Jacqueline Arrowsmith or Alexander
and Countervailing Duty Operations. Cipolla, AD/CVD Operations, Office VII,
3 See Memorandum to Christian Marsh, Deputy
[FR Doc. 2015–30794 Filed 12–4–15; 8:45 am] Assistant Secretary for Antidumping and
Enforcement and Compliance, Countervailing Duty Operations, ‘‘Decision
BILLING CODE 3510–DS–P International Trade Administration, Memorandum for the Preliminary Results of the
U.S. Department of Commerce, 14th 2013–2014 Antidumping Duty Administrative
Review: Fresh Garlic from the People’s Republic of
Street and Constitution Avenue NW., China’’ (dated concurrently with this notice)
DEPARTMENT OF COMMERCE Washington, DC 20230; telephone: (202) (Preliminary Decision Memorandum).
482–5255 or (202) 482–4956. 4 Id.
International Trade Administration 5 See letter from Petitioners, ‘‘20th Administrative
[A–570–831]
Scope of the Order Review of the Antidumping Duty Order on Fresh
The merchandise covered by the order Garlic from the People’s Republic of China—
Fresh Garlic From the People’s Petitioners’ Withdrawal of Certain Requests for
includes all grades of garlic, whole or Administrative Review,’’ at 2–4 (January 16, 2015);
Republic of China: Preliminary separated into constituent cloves. Fresh letter from El Bosque Garlic Farm, ‘‘Fresh Garlic
mstockstill on DSK4VPTVN1PROD with NOTICES
Results, Preliminary Intent To Rescind, garlic that are subject to the order are from the People’s Republic of China—Withdrawal
and Partial Rescission of the 20th currently classified under the of Review Request in 20th Administrative Review
Antidumping Duty Administrative filed on behalf of El Bosque Garlic Farm,’’ at 1
Harmonized Tariff Schedule of the (March 17, 2015); and letter from Zhengzhou
Review; 2013–2014 Harmoni Spice Co., Ltd., ‘‘Harmoni Withdrawal of
1 See Initiation of Antidumping and
Review Request: Twentieth Administrative Review
AGENCY: Enforcement and Compliance, Countervailing Duty Administrative Reviews, 79 FR of the Antidumping Duty Order on Fresh Garlic
International Trade Administration, 76956 (December 23, 2014) (Initiation Notice). from the People’s Republic of China (A–570–831),’’
Department of Commerce. 2 Id. at 79 FR 76956, 76958–76961. at 1 (January 16, 2015).
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Document Created: 2015-12-14 13:31:07
Document Modified: 2015-12-14 13:31:07
| 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 | |
| Contact | Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482- 5255. | |
| FR Citation | 80 FR 75971 |
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