81_FR_7531 81 FR 7502 - Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order

81 FR 7502 - Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 29 (February 12, 2016)

Page Range7502-7502
FR Document2016-02994

As a result of the determinations by the Department of Commerce (``the Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty (``AD'') orders on certain magnesia carbon bricks (``MCBs'') from Mexico and the People's Republic of China (``PRC'') and the countervailing duty (``CVD'') order on MCBs from the PRC would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders and the countervailing duty order.

Federal Register, Volume 81 Issue 29 (Friday, February 12, 2016)
[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Page 7502]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-02994]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Magnesia Carbon Bricks From Mexico and the People's 
Republic of China: Continuation of Antidumping Duty Orders and 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') orders on 
certain magnesia carbon bricks (``MCBs'') from Mexico and the People's 
Republic of China (``PRC'') and the countervailing duty (``CVD'') order 
on MCBs from the PRC would likely lead to a continuation or recurrence 
of dumping and countervailable subsidies and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty orders and the countervailing duty 
order.

DATES: Effective Date: February 12, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, 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) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2015 the Department published a notice of initiation 
of the first sunset review of the AD orders on MCBs from Mexico and the 
PRC, and the CVD order on MCBs from the PRC, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act'').\1\ As a result of 
its review, the Department determined that revocation of the AD orders 
would likely lead to a continuation or recurrence of dumping and that 
revocation of the CVD order would likely lead to continuation or 
recurrence of countervailable subsidies. The Department, therefore, 
notified the ITC of the magnitude of the margins and net 
countervailable subsidy rates likely to prevail should the antidumping 
orders and the countervailing duty order be revoked.\2\ On February 2, 
2016, the ITC published notice of its determination, pursuant to 
section 751(c) of the Act, that revocation of the AD and CVD orders on 
MCBs from Mexico and the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 45945 
(August 3, 2015) (``Initiation'').
    \2\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Final Results of Expedited Sunset Review 
of the Antidumping Duty Orders, 80 FR 76447 (December 9, 2015) and 
accompanying Issues and Decision Memorandum; see also Certain 
Magnesia Carbon Bricks from the People's Republic of China: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order, 80 FR 75971 (December 7, 2015).
    \3\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Determination, 81 FR 5484 (February 2, 2016); see 
also Certain Magnesia Carbon Bricks from the People's Republic of 
China: Investigation No. 701-TA-468 and 731-TA-1166-1167, USITC 
Publication 4589 (January, 2016).
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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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD and CVD orders would likely lead to a 
continuation or recurrence of dumping and countervailable subsidies and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department 
hereby orders the continuation of the AD orders on MCBs from Mexico and 
the PRC and the CVD order on MCBs from the PRC. U.S. Customs and Border 
Protection will continue to collect AD and CVD duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year (``sunset'') review and this notice are in 
accordance with section 751(c) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4)

    Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02994 Filed 2-11-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                     7502                          Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices

                                                     this requirement could result in the                    injury to an industry in the United                        component of at least 70 percent
                                                     Secretary’s presumption that                            States, the Department is publishing a                     magnesia (‘‘MgO’’) by weight, regardless
                                                     reimbursement of antidumping duties                     notice of continuation of the                              of the source of raw materials for the
                                                     occurred and the subsequent assessment                  antidumping duty orders and the                            MgO, with carbon levels ranging from
                                                     of double antidumping duties.                           countervailing duty order.                                 trace amounts to 30 percent by weight,
                                                       We are issuing and publishing these                   DATES: Effective Date: February 12,                        regardless of enhancements, (for
                                                     results in accordance with sections                     2016.                                                      example, MCBs can be enhanced with
                                                     751(a)(1) and 777(i)(1) of the Act and 19                                                                          coating, grinding, tar impregnation or
                                                                                                             FOR FURTHER INFORMATION CONTACT:
                                                     CFR 351.221(b)(4).                                                                                                 coking, high temperature heat
                                                                                                             Kenneth Hawkins, AD/CVD Operations,
                                                       Dated: February 5, 2016.                                                                                         treatments, anti-slip treatments or metal
                                                                                                             Enforcement and Compliance,
                                                     Paul Piquado,
                                                                                                                                                                        casing) and regardless of whether or not
                                                                                                             International Trade Administration,
                                                                                                                                                                        anti-oxidants are present (for example,
                                                     Assistant Secretary for Enforcement and                 U.S. Department of Commerce, 14th
                                                     Compliance.
                                                                                                                                                                        antioxidants can be added to the mix
                                                                                                             Street and Constitution Avenue NW.,
                                                                                                                                                                        from trace amounts to 15 percent by
                                                     Appendix                                                Washington, DC 20230; telephone: (202)
                                                                                                                                                                        weight as various metals, metal alloys,
                                                                                                             482–6491.
                                                     List of Topics Discussed in the Preliminary                                                                        and metal carbides).
                                                                                                             SUPPLEMENTARY INFORMATION:                                    Certain MCBs that are the subject of
                                                     Decision Memorandum
                                                                                                             Background                                                 this investigation are currently
                                                     I. Summary
                                                     II. Background                                                                                                     classifiable under subheadings
                                                                                                                On August 3, 2015 the Department                        6902.10.1000, 6902.10.5000,
                                                     III. Scope of the Order                                 published a notice of initiation of the
                                                     IV. Discussion of the Methodology                                                                                  6815.91.0000, 6815.99.2000, and
                                                        A. Fair Value Comparisons
                                                                                                             first sunset review of the AD orders on                    6815.99.4000 of the Harmonized Tariff
                                                        1. Determination of Comparison Method                MCBs from Mexico and the PRC, and                          Schedule of the United States
                                                        2. Results of the Differential Pricing               the CVD order on MCBs from the PRC,                        (‘‘HTSUS’’). While HTSUS subheadings
                                                           Analysis                                          pursuant to section 751(c) of the Tariff                   are provided for convenience and
                                                        B. Product Comparisons                               Act of 1930, as amended (‘‘the Act’’).1                    customs purposes, the written
                                                        C. Constructed Export Price                          As a result of its review, the Department                  description is dispositive.
                                                        D. Normal Value                                      determined that revocation of the AD
                                                        1. Home Market Viability and Selection of            orders would likely lead to a                              Continuation of the Orders
                                                           Comparison Market                                 continuation or recurrence of dumping
                                                        2. Level of Trade (LOT)                                                                                            As a result of the determinations by
                                                        E. Cost of Production (COP) Analysis
                                                                                                             and that revocation of the CVD order                       the Department and the ITC that
                                                        1. Calculation of COP                                would likely lead to continuation or                       revocation of the AD and CVD orders
                                                        2. Test of Comparison Market Sales Prices            recurrence of countervailable subsidies.                   would likely lead to a continuation or
                                                        3. Results of the COP Test                           The Department, therefore, notified the                    recurrence of dumping and
                                                        F. Calculation of NV Based on Comparison             ITC of the magnitude of the margins and                    countervailable subsidies and material
                                                           Market Prices                                     net countervailable subsidy rates likely                   injury to an industry in the United
                                                        G. Currency Conversion                               to prevail should the antidumping                          States, pursuant to section 751(d)(2) of
                                                     V. Recommendation                                       orders and the countervailing duty order                   the Act and 19 CFR 351.218(a), the
                                                     [FR Doc. 2016–02996 Filed 2–11–16; 8:45 am]             be revoked.2 On February 2, 2016, the                      Department hereby orders the
                                                     BILLING CODE 3510–DS–P                                  ITC published notice of its                                continuation of the AD orders on MCBs
                                                                                                             determination, pursuant to section                         from Mexico and the PRC and the CVD
                                                                                                             751(c) of the Act, that revocation of the                  order on MCBs from the PRC. U.S.
                                                     DEPARTMENT OF COMMERCE                                  AD and CVD orders on MCBs from                             Customs and Border Protection will
                                                                                                             Mexico and the PRC would likely lead                       continue to collect AD and CVD duty
                                                     International Trade Administration                      to a continuation or recurrence of                         cash deposits at the rates in effect at the
                                                     [A–201–837, A–570–954, C–570–955]                       material injury to an industry in the                      time of entry for all imports of subject
                                                                                                             United States within a reasonably                          merchandise.
                                                     Certain Magnesia Carbon Bricks From                     foreseeable time.3                                            The effective date of the continuation
                                                     Mexico and the People’s Republic of                                                                                of the orders will be the date of
                                                                                                             Scope of the Orders
                                                     China: Continuation of Antidumping                                                                                 publication in the Federal Register of
                                                     Duty Orders and Countervailing Duty                       Imports covered by the orders consist                    this notice of continuation. Pursuant to
                                                     Order                                                   of certain chemically bonded (resin or                     section 751(c)(2) of the Act, the
                                                                                                             pitch), MCBs with a magnesia                               Department intends to initiate the next
                                                     AGENCY:   Enforcement and Compliance,
                                                                                                                                                                        five-year review of the orders not later
                                                     International Trade Administration,                        1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80
                                                                                                                                                                        than 30 days prior to the fifth
                                                     Department of Commerce.                                 FR 45945 (August 3, 2015) (‘‘Initiation’’).
                                                                                                                                                                        anniversary of the effective date of
                                                     SUMMARY: As a result of the                                2 See Certain Magnesia Carbon Bricks from

                                                                                                             Mexico and the People’s Republic of China: Final           continuation.
                                                     determinations by the Department of                                                                                   This five-year (‘‘sunset’’) review and
                                                                                                             Results of Expedited Sunset Review of the
                                                     Commerce (‘‘the Department’’) and the                   Antidumping Duty Orders, 80 FR 76447 (December             this notice are in accordance with
                                                     International Trade Commission (‘‘ITC’’)                9, 2015) and accompanying Issues and Decision              section 751(c) of the Act and published
asabaliauskas on DSK9F6TC42PROD with NOTICES2




                                                     that revocation of the antidumping duty                 Memorandum; see also Certain Magnesia Carbon
                                                                                                                                                                        pursuant to section 777(i)(1) of the Act
                                                     (‘‘AD’’) orders on certain magnesia                     Bricks from the People’s Republic of China: Final
                                                                                                             Results of Expedited First Sunset Review of the            and 19 CFR 351.218(f)(4)
                                                     carbon bricks (‘‘MCBs’’) from Mexico                    Countervailing Duty Order, 80 FR 75971 (December
                                                     and the People’s Republic of China                      7, 2015).
                                                                                                                                                                          Dated: February 5, 2016.
                                                     (‘‘PRC’’) and the countervailing duty                      3 See Certain Magnesia Carbon Bricks from the           Paul Piquado,
                                                     (‘‘CVD’’) order on MCBs from the PRC                    People’s Republic of China: Determination, 81 FR           Assistant Secretary for Enforcement and
                                                                                                             5484 (February 2, 2016); see also Certain Magnesia         Compliance.
                                                     would likely lead to a continuation or                  Carbon Bricks from the People’s Republic of China:
                                                     recurrence of dumping and                               Investigation No. 701–TA–468 and 731–TA–1166–              [FR Doc. 2016–02994 Filed 2–11–16; 8:45 am]
                                                     countervailable subsidies and material                  1167, USITC Publication 4589 (January, 2016).              BILLING CODE 3510–DS–P




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Document Created: 2016-02-12 01:24:09
Document Modified: 2016-02-12 01:24:09
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
ContactKenneth Hawkins, 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) 482-6491.
FR Citation81 FR 7502 

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