80 FR 76447 - Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Orders
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 236 (December 9, 2015)
International Trade Administration
Federal Register Volume 80, Issue 236 (December 9, 2015)
| Page Range | 76447-76448 | |
| FR Document | 2015-31084 |
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)] [Notices] [Pages 76447-76448] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-31084] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-201-837; A-570-954] Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Orders AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On August 3, 2015, the Department of Commerce (the ``Department'') initiated the first five-year (``sunset'') review of the antidumping duty orders on certain magnesia carbon bricks (``MCBs'') from Mexico and the People's Republic of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, as amended (the ``Act'').\1\ On the basis of a notice of intent to participate and an adequate substantive response, filed on behalf of the domestic interested parties, as well as a lack of response from respondent interested parties, the Department conducted an expedited sunset review of the antidumping duty orders, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). As a result of this sunset review, the Department finds that revocation of the Orders would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice. --------------------------------------------------------------------------- \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 45945 (August 3, 2015) (``Initiation Notice''); see also Notice of Antidumping Duty Order: Certain Magnesia Carbon Bricks from Mexico and the People's Republic of China: Antidumping Orders, 75 FR 57257 (September 20, 2010) (``Orders''). --------------------------------------------------------------------------- DATES: Effective Date: December 9, 2015. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, Enforcement and Compliance, Office V, International Trade Administration, U.S. Department of Commerce, 14th Street and [[Page 76448]] Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. SUPPLEMENTARY INFORMATION: Background On August 3, 2015, the Department initiated the first sunset review of the antidumping duty orders on MCBs from Mexico and the PRC, pursuant to section 751(c) of the Act and 19 CFR 351.218(c)(1).\2\ The Department received a notice of intent to participate from the Magnesia Carbon Bricks Fair Trade Committee (Petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ Petitioners claimed interested party status under section 771(9)(C) of the Act, as manufacturers of a domestic like product in the United States. --------------------------------------------------------------------------- \2\ See Initiation Notice. \3\ See Letter from the domestic interested parties, dated August 18, 2015. --------------------------------------------------------------------------- We received a complete substantive response from Petitioners within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\4\ We received no responses from respondent interested parties. As a result, the Department conducted an expedited sunset review of the Order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). --------------------------------------------------------------------------- \4\ See Substantive Responses of the domestic interested parties, dated September 2, 2015. --------------------------------------------------------------------------- Scope of the Orders Imports covered by the Orders consist of certain chemically bonded (resin or pitch), MCBs with a magnesia component of at least 70 percent magnesia (``MgO'') by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements, (for example, MCBs can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti-slip treatments or metal casing) and regardless of whether or not anti-oxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain MCBs that are the subject of this investigation 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. Analysis of Comments Received All issues raised in this review are addressed in the ``Issues and Decision Memorandum for the Expedited Sunset Review of the Antidumping Duty Order on Certain Magnesia Carbon Bricks from Mexico and the People's Republic of China'' (``Decision Memorandum'') from Christian Marsh, Deputy Assistant Secretary, Office V, Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, dated concurrently with and hereby adopted by this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the Orders were to be revoked. Parties may find a complete discussion of all issues raised in the review and the corresponding recommendations in this public memorandum which is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Services System (``ACCESS''). Access to ACCESS is available in the Central Records Unit Room B8024 of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at http://trade.gov/enforcement. The signed Decision Memorandum and the electronic version of the Decision Memorandum are identical in content. Final Results of Review Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on MCBs from Mexico and the PRC would be likely to lead to continuation or recurrence of dumping at weighted-average margins up to 57.90 percent for Mexico and up to 236 percent for the PRC. Notice Regarding Administrative Protective Order (``APO'') 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 order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This sunset review and notice are in accordance with sections 751(c), 752(c), 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. 2015-31084 Filed 12-8-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices 76447
• Japan (A–588–874): Nippon Steel & Conclusion exist with respect to imports of hot-
Sumikin Bussan Corporation (Nippon), Based on the criteria and findings rolled steel shipped by certain
JFE Steel Corporation (JFE); discussed above, we preliminarily producers/exporters. Our findings are
determine that critical circumstances summarized as follows.
Affirmative preliminary critical Negative preliminary critical
Country Case No. circumstances determinations circumstances determinations
Australia ......................................... A–602–809 ................................... None ............................................. BlueScope; all other producers/
exporters.
Brazil .............................................. A–351–845 ................................... CSN; Usiminas ............................. All other producers/exporters.
C–351–846 ...................................
Japan ............................................. A–588–874 ................................... Nippon; JFE .................................. All other producers/exporters.
Netherlands .................................... A–421–813 ................................... None ............................................. Tata; all other producers/export-
ers.
Final Critical Circumstances Register. This suspension of liquidation DEPARTMENT OF COMMERCE
Determinations will remain in effect until further notice.
International Trade Administration
We will issue final determinations In accordance with section 733(e)(2)
concerning critical circumstances when of the Act, because we have [A–201–837; A–570–954]
we issue our final countervailing duty preliminarily found that critical
circumstances exist with regard to Certain Magnesia Carbon Bricks From
and less than fair value determinations. Mexico and the People’s Republic of
All interested parties will have the exports made by certain producers and/
China: Final Results of Expedited
opportunity to address these or exporters, if we make an affirmative
Sunset Review of the Antidumping
determinations in case briefs to be preliminary determination that sales at
Duty Orders
submitted after completion of the less than fair value have been made by
preliminary countervailing duty and these same producers/exporters at above AGENCY: Enforcement and Compliance,
less than fair value determinations. de minimis rates,36 we will instruct CBP International Trade Administration,
to suspend liquidation of all entries of Department of Commerce.
ITC Notification
subject merchandise from these SUMMARY: On August 3, 2015, the
In accordance with sections 703(f) producers/exporters that are entered, or Department of Commerce (the
and 733(f) of the Act, we have notified withdrawn from warehouse, for ‘‘Department’’) initiated the first five-
the ITC of our determinations. consumption on or after the date that is year (‘‘sunset’’) review of the
90 days prior to the effective date of antidumping duty orders on certain
Suspension of Liquidation magnesia carbon bricks (‘‘MCBs’’) from
‘‘provisional measures’’ (e.g., the date of
In accordance with section 703(e)(2) publication in the Federal Register of Mexico and the People’s Republic of
of the Act, because we have China (‘‘PRC’’) pursuant to section
the notice of an affirmative preliminary
751(c) of the Tariff Act of 1930, as
preliminarily found that critical determination of sales at less than fair
amended (the ‘‘Act’’).1 On the basis of
circumstances exist with regard to value at above de minimis rates). At a notice of intent to participate and an
exports made by certain producers and/ such time, we will also instruct CBP to adequate substantive response, filed on
or exporters, if we make an affirmative require a cash deposit equal to the behalf of the domestic interested parties,
preliminary determination that estimated preliminary dumping margins as well as a lack of response from
countervailable subsidies have been reflected in the preliminary respondent interested parties, the
provided to these same producers/ determination published in the Federal Department conducted an expedited
exporters at above de minimis rates,35 Register. This suspension of liquidation sunset review of the antidumping duty
we will instruct U.S. Customs and will remain in effect until further notice. orders, pursuant to section 751(c)(3)(B)
Border Protection (CBP) to suspend
This notice is issued and published of the Act and 19 CFR
liquidation of all entries of subject
pursuant to section 777(i) of the Act and 351.218(e)(1)(ii)(C)(2). As a result of this
merchandise from these producers/
19 CFR 351.206(c)(2). sunset review, the Department finds that
exporters that are entered, or withdrawn
revocation of the Orders would be likely
from warehouse, for consumption on or Dated: December 2, 2015. to lead to continuation or recurrence of
after the date that is 90 days prior to the Christian Marsh, dumping at the levels indicated in the
effective date of ‘‘provisional measures’’
Deputy Assistant Secretary for Antidumping ‘‘Final Results of Review’’ section of this
(e.g., the date of publication in the
and Countervailing Duty Operations. notice.
Federal Register of the notice of an
affirmative preliminary determination [FR Doc. 2015–31083 Filed 12–8–15; 8:45 am] DATES: Effective Date: December 9, 2015.
that countervailable subsidies have been BILLING CODE 3510–DS–P FOR FURTHER INFORMATION CONTACT:
provided at above de minimis rates). At Kenneth Hawkins, Enforcement and
such time, we will also instruct CBP to Compliance, Office V, International
mstockstill on DSK4VPTVN1PROD with NOTICES
require a cash deposit equal to the Trade Administration, U.S. Department
estimated preliminary subsidy rates of Commerce, 14th Street and
reflected in the preliminary
1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
determination published in the Federal
FR 45945 (August 3, 2015) (‘‘Initiation Notice’’); see
also Notice of Antidumping Duty Order: Certain
35 The preliminary determination in the 36 The preliminary determinations concerning
Magnesia Carbon Bricks from Mexico and the
countervailing duty investigation for Brazil is sales at less than fair value are due on March 8, People’s Republic of China: Antidumping Orders,
currently scheduled for January 8, 2016. 2016. 75 FR 57257 (September 20, 2010) (‘‘Orders’’).
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![76448 Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
Constitution Avenue NW., Washington, Analysis of Comments Received and 777(i)(1) of the Act and 19 CFR
DC 20230; telephone: (202) 482–6491. All issues raised in this review are 351.218.
SUPPLEMENTARY INFORMATION: addressed in the ‘‘Issues and Decision Dated: December 1, 2015.
Memorandum for the Expedited Sunset Christian Marsh,
Background Review of the Antidumping Duty Order Deputy Assistant Secretary for Antidumping
On August 3, 2015, the Department on Certain Magnesia Carbon Bricks from and Countervailing Duty Operations.
initiated the first sunset review of the Mexico and the People’s Republic of [FR Doc. 2015–31084 Filed 12–8–15; 8:45 am]
China’’ (‘‘Decision Memorandum’’) from BILLING CODE 3510–DS–P
antidumping duty orders on MCBs from
Christian Marsh, Deputy Assistant
Mexico and the PRC, pursuant to
Secretary, Office V, Antidumping and
section 751(c) of the Act and 19 CFR
Countervailing Duty Operations, to Paul DEPARTMENT OF COMMERCE
351.218(c)(1).2 The Department received
Piquado, Assistant Secretary for
a notice of intent to participate from the National Oceanic and Atmospheric
Enforcement and Compliance, dated
Magnesia Carbon Bricks Fair Trade Administration
concurrently with and hereby adopted
Committee (Petitioners) within the
by this notice. The issues discussed in RIN 0648–XE282
deadline specified in 19 CFR
the Decision Memorandum include the
351.218(d)(1)(i).3 Petitioners claimed
likelihood of continuation or recurrence Takes of Marine Mammals Incidental to
interested party status under section
of dumping and the magnitude of the Specified Activities; Taking Marine
771(9)(C) of the Act, as manufacturers of margins likely to prevail if the Orders Mammals Incidental to Rocky Intertidal
a domestic like product in the United were to be revoked. Parties may find a Monitoring Surveys Along the Oregon
States. complete discussion of all issues raised and California Coasts
We received a complete substantive in the review and the corresponding
response from Petitioners within the 30- recommendations in this public AGENCY: National Marine Fisheries
day deadline specified in 19 CFR memorandum which is on file Service (NMFS), National Oceanic and
351.218(d)(3)(i).4 We received no electronically via Enforcement and Atmospheric Administration (NOAA),
responses from respondent interested Compliance’s Antidumping and Commerce.
parties. As a result, the Department Countervailing Duty Centralized ACTION: Notice; proposed incidental
conducted an expedited sunset review Electronic Services System (‘‘ACCESS’’). harassment authorization; request for
of the Order, pursuant to section Access to ACCESS is available in the comments.
751(c)(3)(B) of the Act and 19 CFR Central Records Unit Room B8024 of the SUMMARY: NMFS has received an
351.218(e)(1)(ii)(C)(2). main Commerce building. In addition, a application from the Partnership for
complete version of the Decision Interdisciplinary Study of Coastal
Scope of the Orders Memorandum can be accessed directly Oceans (PISCO) at the University of
Imports covered by the Orders consist on the Web at http://trade.gov/ California (UC) Santa Cruz for an
of certain chemically bonded (resin or enforcement. The signed Decision Incidental Harassment Authorization
pitch), MCBs with a magnesia Memorandum and the electronic (IHA) to take marine mammals, by
component of at least 70 percent version of the Decision Memorandum harassment, incidental to rocky
magnesia (‘‘MgO’’) by weight, regardless are identical in content. intertidal monitoring surveys. Pursuant
of the source of raw materials for the Final Results of Review to the Marine Mammal Protection Act
MgO, with carbon levels ranging from (MMPA), NMFS is requesting comments
trace amounts to 30 percent by weight, Pursuant to sections 752(c)(1) and (3)
on its proposal to issue an IHA to PISCO
regardless of enhancements, (for of the Act, we determine that revocation
to incidentally take, by Level B
example, MCBs can be enhanced with of the antidumping duty order on MCBs
harassment only, marine mammals
coating, grinding, tar impregnation or from Mexico and the PRC would be
during the specified activity.
coking, high temperature heat likely to lead to continuation or
DATES: Comments and information must
treatments, anti-slip treatments or metal recurrence of dumping at weighted-
average margins up to 57.90 percent for be received no later than January 8,
casing) and regardless of whether or not 2016.
anti-oxidants are present (for example, Mexico and up to 236 percent for the
PRC. ADDRESSES: Comments on the
antioxidants can be added to the mix
from trace amounts to 15 percent by application should be addressed to Jolie
Notice Regarding Administrative
weight as various metals, metal alloys, Harrison, Chief, Permits and
Protective Order (‘‘APO’’)
and metal carbides). Certain MCBs that Conservation Division, Office of
This notice also serves as the only Protected Resources, National Marine
are the subject of this investigation are
reminder to parties subject to Fisheries Service, 1315 East-West
currently classifiable under subheadings
administrative protective order (‘‘APO’’) Highway, Silver Spring, MD 20910. The
6902.10.1000, 6902.10.5000,
of their responsibility concerning the mailbox address for providing email
6815.91.0000, 6815.99.2000, and
return or destruction of proprietary comments is ITP.Pauline@noaa.gov.
6815.99.4000 of the Harmonized Tariff
information disclosed under APO in NMFS is not responsible for email
Schedule of the United States
accordance with 19 CFR 351.305. comments sent to addresses other than
(‘‘HTSUS’’). While HTSUS subheadings
Timely notification of the return or the one provided here. Comments sent
are provided for convenience and
mstockstill on DSK4VPTVN1PROD with NOTICES
destruction of APO materials or via email, including all attachments,
customs purposes, the written
conversion to judicial protective order is must not exceed a 25-megabyte file size.
description is dispositive.
hereby requested. Failure to comply Instructions: All comments received
2 See
with the regulations and terms of an are a part of the public record and will
Initiation Notice.
3 See
APO is a violation which is subject to generally be posted to http://www.nmfs.
Letter from the domestic interested parties,
dated August 18, 2015. sanction. noaa.gov/pr/permits/incidental/
4 See Substantive Responses of the domestic This sunset review and notice are in research.htm without change. All
interested parties, dated September 2, 2015. accordance with sections 751(c), 752(c), Personal Identifying Information (e.g.,
VerDate Sep<11>2014 18:21 Dec 08, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09DEN1.SGM 09DEN1](https://thefederalregister.org/doc/80_FR_76683/page/2.svg)
Document Created: 2015-12-14 13:32:06
Document Modified: 2015-12-14 13:32:06
| 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 | Kenneth Hawkins, Enforcement and Compliance, Office V, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482- 6491. | |
| FR Citation | 80 FR 76447 |
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