81_FR_62647 81 FR 62472 - Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2015

81 FR 62472 - Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 175 (September 9, 2016)

Page Range62472-62474
FR Document2016-21767

The Department of Commerce (the ``Department'') is conducting an administrative review of the antidumping duty order on Magnesia Carbon Bricks (``MCBs'') from the People's Republic of China (``PRC''), for the period of review (``POR'') September 1, 2014, to August 31, 2015. The Department preliminarily determines that Fengchi Imp. and Exp. Co., Ltd. of Haicheng City (``Fengchi'') and RHI Refractories Liaoning, Co. Ltd. (``RHI'') had no reviewable shipments of subject merchandise during the POR. The Department is also preliminarily rescinding this review with respect to Fedmet Resources Corporation (``Fedmet''). Interested parties are invited to comment on these preliminary results.

Federal Register, Volume 81 Issue 175 (Friday, September 9, 2016) 
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62472-62474]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-21767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Magnesia Carbon Bricks From the People's Republic of China: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2014-2015

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

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
an administrative review of the antidumping duty order on Magnesia 
Carbon Bricks (``MCBs'') from the People's Republic of China (``PRC''), 
for the period of review (``POR'') September 1, 2014, to August 31, 
2015. The Department preliminarily determines that Fengchi Imp. and 
Exp. Co., Ltd. of Haicheng City (``Fengchi'') and RHI Refractories 
Liaoning, Co. Ltd. (``RHI'') had no reviewable shipments of subject 
merchandise during the POR. The Department is also preliminarily 
rescinding this review with respect to Fedmet Resources Corporation 
(``Fedmet''). Interested parties are invited to comment on these 
preliminary results.

DATES: Effective September 9, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2015, the Department published in the Federal 
Register an opportunity to request an administrative review of the 
antidumping duty order on MCBs from the PRC.\1\ On September 30, 2015, 
the Department received a request from Petitioner \2\ to conduct an 
administrative review of Dashiqiao City Guancheng Refractor Co., Ltd.; 
Fedmet; Fengchi; Fengchi Mining Co., Ltd. of Haicheng City; Fengchi 
Refractories Co., of Haicheng City; Jiangsu Sujia Group New Materials 
Co., Ltd.; Liaoning Fucheng Refractories Group Co., Ltd.; Liaoning 
Fucheng Special Refractory Co., Ltd.; Liaoning Jiayi Metals & Minerals 
Co., Ltd.; Puyang Refractories Group Co., Ltd.; RHI; Yingkou Bayuquan 
Refractories Co., Ltd. (``BRC''); Yingkou Dalmond Refractories Co., 
Ltd.; Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.; 
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories 
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.\3\ On November 
9, 2015, the Department initiated this review based on these review 
requests.\4\ On December 8 and 9, 2015, RHI, Fengchi, Fengchi Mining 
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng City, 
Fedmet, and BRC submitted no shipments letters, stating they made no 
entries, exports, or sales of subject merchandise into the United 
Stated during the POR.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 80 FR 52741 (Sept. 1, 2015).
    \2\ The Petitioner is the Magnesia Carbon Bricks Fair Trade 
Committee (``the Committee''), an ad hoc association comprised of 
the following three U.S. producers of magnesia carbon bricks: Resco 
Products, Inc.; Magnesita Refractories Company; and Harbison Walker 
International, Inc. (hereinafter ``Petitioner'').
    \3\ See ``Certain Magnesia Carbon Bricks from the People's 
Republic of China: Request for Administrative Review,'' dated 
September 30, 2015.
    \4\ See Initiation of Antidumping Duty Administrative Reviews, 
80 FR 69193 (November 9, 2015) (``Initiation Notice'').
    \5\ See No Shipments Certification from RHI, dated December 8, 
2015, and No Shipment Certifications from Fengchi, Fengchi Mining 
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng 
City, Fedmet and BRC, dated December 9, 2015.
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Scope of the Order

    The merchandise subject to the order includes certain MCBs. 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.\6\
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    \6\ For a full description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for the Preliminary Results of the 2014-2015 Antidumping 
Duty Administrative Review: Magnesia Carbon Bricks from the People's 
Republic of China,'' (``Preliminary Decision Memorandum'') dated 
concurrently with and hereby adopted by this notice.
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Partial Rescission of the Administrative Review

    In its No Shipment Certification, Fedmet stated that it is not a 
PRC producer or exporter of the subject merchandise but a U.S. 
importer.\7\ Fedmet cited its entry of appearance

[[Page 62473]]

and application for business proprietary access to demonstrate its 
status as an importer.\8\ Based on the information available, the 
Department preliminarily determines that Fedmet's entries will be 
subject to the appropriate exporter's cash deposit requirements and 
assessment rates, as outlined below. Accordingly, we are preliminarily 
rescinding this review for Fedmet.
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    \7\ See Fedmet's No Shipments Certification, dated December 9, 
2015.
    \8\ Id. See also ``Magnesia Carbon Bricks from the People's 
Republic of China, Case No. A-570-954: Entry of Appearance and APO 
Application,'' dated November 10, 2015.
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Separate Rate Status

    For the 17 companies for whom we are not rescinding this review, we 
preliminarily determine that only Fengchi and RHI demonstrated their 
continued eligibility for a separate rate because, as discussed below, 
they demonstrated that they had no shipments during the POR and thus 
will maintain their separate rate status from the date of initiation of 
this administrative review.
    The remaining companies did not submit a separate rate application 
or certification. Therefore, the following companies have not 
established their eligibility for a separate rate, and the Department 
preliminarily determines that they are considered part of the PRC-wide 
entity: Dashiqiao City Guancheng Refractor Co., Ltd.; Fengchi Mining 
Co., Ltd. of Haicheng City; Fengchi Refractories Co., of Haicheng City; 
Jiangsu Sujia Group New Materials Co., Ltd.; Liaoning Fucheng 
Refractories Group Co., Ltd.; Liaoning Fucheng Special Refractory Co., 
Ltd.; Liaoning Jiayi Metals & Minerals Co., Ltd.; Puyang Refractories 
Group Co., Ltd.; BRC; \9\ Yingkou Dalmond Refractories Co., Ltd.; 
Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.; 
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories 
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.
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    \9\ Although BRC submitted a no shipments certification, it 
remains part of the PRC-wide entity. See Certain Magnesia Carbon 
Bricks From the People's Republic of China: Final Results and Final 
Partial Rescission of Antidumping Duty Administrative Review; 2010-
2011, 78 FR 22230, 22231 (April 15, 2013).
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    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\10\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the PRC-wide entity is not under review and therefore 
its rate is not subject to change. The rate previously established for 
the PRC-wide entity in this proceeding is 236 percent.\11\
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \11\ See Certain Magnesia Carbon Bricks From the People's 
Republic of China: Final Results and Final Partial Rescission of the 
Antidumping Duty Administrative Review; 2012-2013, 80 FR 19961, 
19962 (April 14, 2015).
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Preliminary Determination of No Shipments

    Fengchi and RHI submitted timely-filed certifications that they had 
no shipments of subject merchandise to the United States during the 
POR.\12\ The Department sent inquiries to U.S. Customs and Border 
Protection (``CBP'') to confirm the no shipments responses received 
from these companies.\13\ We received no contradictory information from 
CBP indicating that there were suspended entries of subject merchandise 
into the United States exported by these companies. Therefore, we 
preliminarily determine that Fengchi and RHI had no shipments of 
subject merchandise during the POR.
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    \12\ See No Shipment Certification from RHI, dated December 8, 
2015, and No Shipment Certifications from Fengchi, dated December 9, 
2015.
    \13\ See Customs No Shipments Inquiry, dated February 12, 2016.
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    Consistent with the Department's practice in nonmarket economy 
cases, the Department finds that it is appropriate not to rescind the 
review, in part, in these circumstances, but rather to complete the 
review with respect to these companies and issue appropriate 
instructions to CBP based on the final results of the review.\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Assessment Policy).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\15\ The Preliminary 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 is available to all 
parties in the Central Records Unit, Room B8024 of the main Department 
of Commerce building. In addition, a complete version of the 
Preliminary Decision Memorandum can be accessed directly on the 
internet at http://www.trade.gov/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \15\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the period September 1, 
2014, through August 31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
------------------------------------------------------------------------
PRC-Wide Entity.........................................          236.00
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Public Comment and Opportunity To Request a Hearing \16\

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\17\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\18\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\19\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
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    \16\ Normally, the Department discloses to interested parties 
the calculations performed in connection with the preliminary 
results of review within five days of the date of publication of the 
notice of preliminary results in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because the Department has 
preliminarily determined to rescind this review with respect to 
Fedmet and that Fengchi and RHI had no shipments during the POR, and 
because all other companies subject to this review are receiving the 
PRC-wide entity rate, there are no calculations to disclose.
    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\20\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\21\ If a request for a hearing is

[[Page 62474]]

made, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.\22\
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    \20\ See 19 CFR 351.310(c).
    \21\ Id.
    \22\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of any issues raised in case briefs, within 120 days of publication of 
these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended 
(``the Act'').

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the PRC-wide entity at the 
current rate for the PRC-wide entity (i.e., 236 percent).
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    \23\ See 19 CFR 351.212(b).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales data submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries for the PRC-wide entity. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the PRC-wide 
entity.\24\ The final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the final results of this review and for future cash deposits of 
estimated duties, where applicable.
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    \24\ For a full discussion of this practice, see NME Assessment 
Policy.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For any companies listed that 
have a separate rate, the cash deposit rate will be that established in 
the final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are being issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: September 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Status
    b. Companies That Did Not Establish Their Eligibility for a 
Separate Rate
    c. Preliminary Determination of No Shipments
    d. Preliminary Partial Rescission of Review
5. Recommendation

[FR Doc. 2016-21767 Filed 9-8-16; 8:45 am]
 BILLING CODE 3510-DS-P

62472 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices follow the proceedings by first calling DEPARTMENT OF COMMERCE Haicheng City; Jiangsu Sujia Group New the Federal Relay Service at 1–800–977– Materials Co., Ltd.; Liaoning Fucheng 8339 and providing the Service with the International Trade Administration Refractories Group Co., Ltd.; Liaoning conference call number and conference [A–570–954] Fucheng Special Refractory Co., Ltd.; ID number. Liaoning Jiayi Metals & Minerals Co., Members of the public are invited to Magnesia Carbon Bricks From the Ltd.; Puyang Refractories Group Co., People’s Republic of China: Ltd.; RHI; Yingkou Bayuquan make statements during the designated Preliminary Results and Partial Refractories Co., Ltd. (‘‘BRC’’); Yingkou open comment period. In addition, Rescission of the Antidumping Duty Dalmond Refractories Co., Ltd.; Yingkou members of the public may submit Administrative Review; 2014–2015 Guangyang Co., Ltd.; Yingkou Jiahe written comments; the comments must Refractories Co. Ltd.; Yingkou Kyushu be received in the regional office within AGENCY: Enforcement and Compliance, Refractories Co., Ltd.; Yingkou New 30 days following the meeting. Written International Trade Administration, Century Refractories Ltd.; and Yingkou comments may be mailed to the Department of Commerce. Wonjin Refractory Material Co., Ltd.3 Regional Programs Unit, U.S. SUMMARY: The Department of Commerce On November 9, 2015, the Department Commission on Civil Rights, 55 W. (the ‘‘Department’’) is conducting an initiated this review based on these Monroe St., Suite 410, Chicago, IL administrative review of the review requests.4 On December 8 and 9, 60615. They may also be faxed to the antidumping duty order on Magnesia 2015, RHI, Fengchi, Fengchi Mining Co., Commission at (312) 353–8324, or Carbon Bricks (‘‘MCBs’’) from the Ltd. of Haicheng City, Fengchi emailed to Carolyn Allen at callen@ People’s Republic of China (‘‘PRC’’), for Refractories Co., of Haicheng City, usccr.gov. Persons who desire the period of review (‘‘POR’’) September Fedmet, and BRC submitted no additional information may contact the 1, 2014, to August 31, 2015. The shipments letters, stating they made no Regional Programs Unit at (312) 353– Department preliminarily determines entries, exports, or sales of subject 8311. that Fengchi Imp. and Exp. Co., Ltd. of merchandise into the United Stated Records and documents discussed Haicheng City (‘‘Fengchi’’) and RHI during the POR.5 during the meeting will be available for Refractories Liaoning, Co. Ltd. (‘‘RHI’’) had no reviewable shipments of subject Scope of the Order public viewing prior to and following merchandise during the POR. The The merchandise subject to the order the meeting at https:// Department is also preliminarily includes certain MCBs. Certain MCBs database.faca.gov/committee/ rescinding this review with respect to that are the subject of this investigation meetings.aspx?cid=247 and following Fedmet Resources Corporation are currently classifiable under the links for ‘‘Meeting Details’’ and then subheadings 6902.10.1000, (‘‘Fedmet’’). Interested parties are ‘‘Documents.’’ Records generated from 6902.10.5000, 6815.91.0000, invited to comment on these this meeting may also be inspected and 6815.99.2000, and 6815.99.4000 of the preliminary results. reproduced at the Regional Programs Harmonized Tariff Schedule of the DATES: Effective September 9, 2016. Unit, as they become available, both United States (‘‘HTSUS’’). While before and after the meeting. Persons FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, HTSUS subheadings are provided for interested in the work of this Committee convenience and customs purposes, the are directed to the Commission’s Web Office V, Enforcement and Compliance, International Trade Administration, written description is dispositive.6 site, http://www.usccr.gov, or may contact the Regional Programs Unit at Department of Commerce, 14th Street Partial Rescission of the Administrative the above email or street address. and Constitution Avenue NW., Review Washington, DC 20230; telephone: (202) In its No Shipment Certification, Agenda 482–6491. Fedmet stated that it is not a PRC SUPPLEMENTARY INFORMATION: producer or exporter of the subject 1. Welcome and Roll Call Background merchandise but a U.S. importer.7 2. Draft Report: ‘‘Civil Rights and the Fedmet cited its entry of appearance School to Prison Pipeline in On September 1, 2015, the Indiana’’ Department published in the Federal 3 See ‘‘Certain Magnesia Carbon Bricks from the a. Committee discussion Register an opportunity to request an People’s Republic of China: Request for administrative review of the Administrative Review,’’ dated September 30, 2015. b. Findings and Recommendations antidumping duty order on MCBs from 4 See Initiation of Antidumping Duty 3. Open Comment the PRC.1 On September 30, 2015, the Administrative Reviews, 80 FR 69193 (November 9, 2015) (‘‘Initiation Notice’’). 4. Adjournment Department received a request from 5 See No Shipments Certification from RHI, dated Petitioner 2 to conduct an administrative December 8, 2015, and No Shipment Certifications Exceptional Circumstance: Pursuant review of Dashiqiao City Guancheng from Fengchi, Fengchi Mining Co., Ltd. of Haicheng to the Federal Advisory Committee Refractor Co., Ltd.; Fedmet; Fengchi; City, Fengchi Refractories Co., of Haicheng City, Management Regulations (41 CFR 102– Fedmet and BRC, dated December 9, 2015. Fengchi Mining Co., Ltd. of Haicheng 6 For a full description of the scope of the order, 3.150), the notice for this meeting is City; Fengchi Refractories Co., of see Memorandum from Christian Marsh, Deputy given fewer than 15 calendar days prior Assistant Secretary for Antidumping and to the meeting due to exceptional 1 See Antidumping or Countervailing Duty Order, Countervailing Duty Operations to Paul Piquado, asabaliauskas on DSK3SPTVN1PROD with NOTICES circumstances of Committee availability Finding, or Suspended Investigation; Opportunity Assistant Secretary for Enforcement and to Request Administrative Review, 80 FR 52741 Compliance, ‘‘Decision Memorandum for the and publication schedule. (Sept. 1, 2015). Preliminary Results of the 2014–2015 Antidumping Dated: September 6, 2016. 2 The Petitioner is the Magnesia Carbon Bricks Duty Administrative Review: Magnesia Carbon Fair Trade Committee (‘‘the Committee’’), an ad hoc Bricks from the People’s Republic of China,’’ David Mussatt, association comprised of the following three U.S. (‘‘Preliminary Decision Memorandum’’) dated Chief, Regional Programs Unit. producers of magnesia carbon bricks: Resco concurrently with and hereby adopted by this Products, Inc.; Magnesita Refractories Company; notice. [FR Doc. 2016–21737 Filed 9–8–16; 8:45 am] and Harbison Walker International, Inc. (hereinafter 7 See Fedmet’s No Shipments Certification, dated BILLING CODE 6335–01–P ‘‘Petitioner’’). December 9, 2015. VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1

Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices 62473 and application for business proprietary the entity. Because no party requested a Records Unit, Room B8024 of the main access to demonstrate its status as an review of the PRC-wide entity in this Department of Commerce building. In importer.8 Based on the information review, the PRC-wide entity is not addition, a complete version of the available, the Department preliminarily under review and therefore its rate is Preliminary Decision Memorandum can determines that Fedmet’s entries will be not subject to change. The rate be accessed directly on the internet at subject to the appropriate exporter’s previously established for the PRC-wide http://www.trade.gov/enforcement/. The cash deposit requirements and entity in this proceeding is 236 signed Preliminary Decision assessment rates, as outlined below. percent.11 Memorandum and the electronic Accordingly, we are preliminarily versions of the Preliminary Decision Preliminary Determination of No rescinding this review for Fedmet. Memorandum are identical in content. Shipments Separate Rate Status Fengchi and RHI submitted timely- Preliminary Results of Review For the 17 companies for whom we filed certifications that they had no The Department preliminarily are not rescinding this review, we shipments of subject merchandise to the determines that the following weighted- preliminarily determine that only United States during the POR.12 The average dumping margin exists for the Fengchi and RHI demonstrated their Department sent inquiries to U.S. period September 1, 2014, through continued eligibility for a separate rate Customs and Border Protection (‘‘CBP’’) August 31, 2015: because, as discussed below, they to confirm the no shipments responses demonstrated that they had no received from these companies.13 We Weighted- shipments during the POR and thus will received no contradictory information average maintain their separate rate status from from CBP indicating that there were Exporter dumping margin the date of initiation of this suspended entries of subject (percent) administrative review. merchandise into the United States The remaining companies did not exported by these companies. Therefore, PRC-Wide Entity ................... 236.00 submit a separate rate application or we preliminarily determine that Fengchi certification. Therefore, the following and RHI had no shipments of subject Public Comment and Opportunity To companies have not established their merchandise during the POR. Request a Hearing 16 eligibility for a separate rate, and the Consistent with the Department’s Interested parties may submit case Department preliminarily determines practice in nonmarket economy cases, briefs within 30 days after the date of that they are considered part of the PRC- the Department finds that it is publication of these preliminary results wide entity: Dashiqiao City Guancheng appropriate not to rescind the review, in of review.17 Rebuttals to case briefs, Refractor Co., Ltd.; Fengchi Mining Co., part, in these circumstances, but rather Ltd. of Haicheng City; Fengchi to complete the review with respect to which must be limited to issues raised Refractories Co., of Haicheng City; these companies and issue appropriate in the case briefs, must be filed within Jiangsu Sujia Group New Materials Co., instructions to CBP based on the final five days after the time limit for filing Ltd.; Liaoning Fucheng Refractories results of the review.14 case briefs.18 Parties who submit Group Co., Ltd.; Liaoning Fucheng arguments are requested to submit with Methodology the argument (a) a statement of the Special Refractory Co., Ltd.; Liaoning Jiayi Metals & Minerals Co., Ltd.; The Department conducted this issue, (b) a brief summary of the Puyang Refractories Group Co., Ltd.; review in accordance with section argument, and (c) a table of BRC; 9 Yingkou Dalmond Refractories 751(a)(1)(B) of the Tariff Act of 1930, as authorities.19 Parties submitting briefs Co., Ltd.; Yingkou Guangyang Co., Ltd.; amended (the ‘‘Act’’). For a full should do so pursuant to the Yingkou Jiahe Refractories Co. Ltd.; description of the methodology Department’s electronic filing system, Yingkou Kyushu Refractories Co., Ltd.; underlying our conclusions, see the ACCESS. Yingkou New Century Refractories Ltd.; Preliminary Decision Memorandum.15 Any interested party may request a and Yingkou Wonjin Refractory Material The Preliminary Decision Memorandum hearing within 30 days of publication of Co., Ltd. is a public document and is on file this notice.20 Hearing requests should The Department’s policy regarding electronically via Enforcement and contain the following information: (1) conditional review of the PRC-wide Compliance’s Antidumping and The party’s name, address, and entity applies to this administrative Countervailing Duty Centralized telephone number; (2) the number of review.10 Under this policy, the PRC- Electronic Service System (‘‘ACCESS’’). participants; and (3) a list of the issues wide entity will not be under review ACCESS is available to registered users to be discussed. Oral presentations will unless a party specifically requests, or at http://access.trade.gov, and is be limited to issues raised in the the Department self-initiates, a review of available to all parties in the Central briefs.21 If a request for a hearing is 11 See Certain Magnesia Carbon Bricks From the 16 Normally, the Department discloses to 8 Id. See also ‘‘Magnesia Carbon Bricks from the People’s Republic of China, Case No. A–570–954: People’s Republic of China: Final Results and Final interested parties the calculations performed in Entry of Appearance and APO Application,’’ dated Partial Rescission of the Antidumping Duty connection with the preliminary results of review November 10, 2015. Administrative Review; 2012–2013, 80 FR 19961, within five days of the date of publication of the 9 Although BRC submitted a no shipments 19962 (April 14, 2015). notice of preliminary results in the Federal 12 See No Shipment Certification from RHI, dated Register, in accordance with 19 CFR 351.224(b). certification, it remains part of the PRC-wide entity. December 8, 2015, and No Shipment Certifications However, because the Department has preliminarily See Certain Magnesia Carbon Bricks From the asabaliauskas on DSK3SPTVN1PROD with NOTICES from Fengchi, dated December 9, 2015. determined to rescind this review with respect to People’s Republic of China: Final Results and Final 13 See Customs No Shipments Inquiry, dated Fedmet and that Fengchi and RHI had no shipments Partial Rescission of Antidumping Duty February 12, 2016. during the POR, and because all other companies Administrative Review; 2010–2011, 78 FR 22230, subject to this review are receiving the PRC-wide 22231 (April 15, 2013). 14 See Non-Market Economy Antidumping entity rate, there are no calculations to disclose. 10 See Antidumping Proceedings: Announcement Proceedings: Assessment of Antidumping Duties, 76 17 See 19 CFR 351.309(c)(1)(ii). of Change in Department Practice for Respondent FR 65694, 65694–95 (October 24, 2011) (NME 18 See 19 CFR 351.309(d). Selection in Antidumping Duty Proceedings and Assessment Policy). 19 See 19 CFR 351.309(c)(2), (d)(2). Conditional Review of the Nonmarket Economy 15 A list of topics discussed in the Preliminary 20 See 19 CFR 351.310(c). Entity in NME Antidumping Duty Proceedings, 78 Decision Memorandum is provided at Appendix I FR 65963 (November 4, 2013). to this notice. 21 Id. VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1

62474 Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices made, parties will be notified of the rate, the cash deposit rate will be that DEPARTMENT OF COMMERCE time and date for the hearing to be held established in the final results of this at the U.S. Department of Commerce, review (except, if the rate is zero or de International Trade Administration 14th Street and Constitution Avenue minimis, then zero cash deposit will be [A–570–929] NW., Washington, DC 20230.22 required); (2) for previously investigated The Department intends to issue the or reviewed PRC and non-PRC exporters Small Diameter Graphite Electrodes final results of this administrative not listed that received a separate rate From the People’s Republic of China: review, which will include the results of in a prior segment of this proceeding, Final Results of Antidumping Duty our analysis of any issues raised in case the cash deposit rate will continue to be Administrative Review; 2014–2015 briefs, within 120 days of publication of the existing exporter-specific rate; (3) for these preliminary results in the Federal AGENCY: Enforcement and Compliance, all PRC exporters of subject International Trade Administration, Register, unless extended, pursuant to merchandise that have not been found Department of Commerce. section 751(a)(3)(A) of the Tariff Act of to be entitled to a separate rate, the cash SUMMARY: On March 9, 2016, the 1930, as amended (‘‘the Act’’). deposit rate will be that for the PRC- Department of Commerce (the Assessment Rates wide entity; and (4) for all non-PRC Department) published the preliminary Upon issuance of the final results, the exporters of subject merchandise which results of the administrative review of Department will determine, and CBP have not received their own rate, the the antidumping duty order on small shall assess, antidumping duties on all cash deposit rate will be the rate diameter graphite electrodes (SDGEs) appropriate entries covered by this applicable to the PRC exporter that from the People’s Republic of China (the review.23 The Department intends to supplied that non-PRC exporter. These PRC). The period of review (POR) is issue assessment instructions to CBP 15 deposit requirements, when imposed, February 1, 2014, through January 31, days after the publication date of the shall remain in effect until further 2015. For the final results, we find that final results of this review. We intend to notice. certain companies sold subject instruct CBP to liquidate entries merchandise at less than normal value. containing subject merchandise Notification to Importers DATES: Effective September 9, 2016. exported by the PRC-wide entity at the This notice also serves as a FOR FURTHER INFORMATION CONTACT: current rate for the PRC-wide entity (i.e., preliminary reminder to importers of Dmitry Vladimirov or Michael A. 236 percent). their responsibility under 19 CFR Romani, AD/CVD Operations, Office I, The Department announced a Enforcement and Compliance, 351.402(f)(2) to file a certificate refinement to its assessment practice in International Trade Administration, NME cases. Pursuant to this refinement regarding the reimbursement of antidumping duties prior to liquidation U.S. Department of Commerce, 1401 in practice, for entries that were not Constitution Avenue NW., Washington reported in the U.S. sales data submitted of the relevant entries during the POR. DC 20230; telephone: (202) 482–0665 or by companies individually examined Failure to comply with this requirement (202) 482–0198, respectively. during the administrative review, the could result in the Department’s SUPPLEMENTARY INFORMATION: Department will instruct CBP to presumption that reimbursement of liquidate such entries for the PRC-wide antidumping duties occurred and the Background entity. Additionally, if the Department subsequent assessment of double On March 9, 2016, the Department determines that an exporter had no antidumping duties. published the preliminary results of the shipments of the subject merchandise, These preliminary results are being administrative review of the any suspended entries that entered issued and published in accordance antidumping duty order on SDGEs from under that exporter’s case number (i.e., with sections 751(a)(1) and 777(i)(1) of the PRC.1 We received case and rebuttal at that exporter’s cash deposit rate) will the Act and 19 CFR 351.221(b)(4). briefs with respect to the Preliminary be liquidated at the rate for the PRC- Results. On June 7, 2016, the wide entity.24 The final results of this Dated: September 1, 2016. Department extended the deadline for review shall be the basis for the Paul Piquado, the final results by 60 days to September assessment of antidumping duties on Assistant Secretary for Enforcement and 6, 2016.2 The Department conducted entries of merchandise covered by the Compliance. this administrative review in final results of this review and for future accordance with section 751 of the cash deposits of estimated duties, where Appendix I Tariff Act of 1930, as amended (the Act). applicable. List of Topics Discussed in the Preliminary Decision Memorandum Scope of the Order Cash Deposit Requirements 1. Summary The merchandise covered by the order The following cash deposit 2. Case History includes all small diameter graphite requirements will be effective upon 3. Scope of the Order electrodes with a nominal or actual publication of the final results of this 4. Discussion of the Methodology review for shipments of the subject a. Non-Market Economy Status 1 See Small Diameter Graphite Electrodes from merchandise from the PRC entered, or the People’s Republic of China: Preliminary Results b. Companies That Did Not Establish Their of Antidumping Duty Administrative Review and withdrawn from warehouse, for Eligibility for a Separate Rate Rescission of Review In Part; 2014–2015, 81 FR asabaliauskas on DSK3SPTVN1PROD with NOTICES consumption on or after the publication c. Preliminary Determination of No 12468 (March 9, 2016) (Preliminary Results), and date, as provided by sections Shipments accompanying Preliminary Decision Memorandum. 751(a)(2)(C) of the Act: (1) For any d. Preliminary Partial Rescission of Review 2 See Memorandum from Dmitry Vladimirov, companies listed that have a separate International Trade Compliance Analyst, Office I, 5. Recommendation Antidumping and Countervailing Duty Operations [FR Doc. 2016–21767 Filed 9–8–16; 8:45 am] to Deputy Assistant Secretary Christian Marsh 22 See 19 CFR 351.310(d). entitled, ‘‘Small Diameter Graphite Electrodes from 23 See 19 CFR 351.212(b). BILLING CODE 3510–DS–P the People’s Republic of China: Extension of 24 For a full discussion of this practice, see NME Deadline for Final Results of Antidumping Duty Assessment Policy. Administrative Review,’’ dated June 7, 2016. VerDate Sep<11>2014 17:11 Sep 08, 2016 Jkt 238001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\09SEN1.SGM 09SEN1


Document Created: 2018-02-09 13:15:02
Document Modified: 2018-02-09 13:15:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective September 9, 2016.
ContactKenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.
FR Citation81 FR 62472 
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