[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22230-22231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08807]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Final Results and Final Partial Rescission of Antidumping Duty
Administrative Review; 2010-2011
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the first administrative review of the antidumping duty
order on certain magnesia carbon bricks from the People's Republic of
China (``PRC'').\1\ We provided interested parties an opportunity to
comment on the Preliminary Results. After reviewing the comments and
information received, we made no change to the Preliminary Results. The
final weighted-average dumping margins for this review are listed below
in the ``Final Results of Review'' section of this notice. The period
of review (``POR'') is March 12, 2010, through August 31, 2011.
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\1\ See Certain Magnesia Carbon Bricks From the People's
Republic of China: Antidumping Duty Administrative Review; 2010-
2011, 77 FR 61394 (October 9, 2012) (``Preliminary Results'').
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DATES: Effective Date: April 15, 2013.
FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office
9, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4047.
SUPPLEMENTARY INFORMATION:
Background
On October 9, 2012, the Department published the Preliminary
Results. On October 31, 2012, Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City, and its affiliated producer Fengchi Refractories Co., of
Haicheng City (collectively ``Fengchi'') submitted surrogate value
information. On November 13, 2012, the Department received case briefs
from Resco Products, Inc. (``Petitioner'') and from Fengchi and Fedmet
Resources Corporation (``Fedmet''), an importer of subject merchandise.
On November 19, 2012, the Department received rebuttal briefs from
Petitioner, ANH Refractories Company (``ANH''), a domestic interested
party, Fengchi and Fedmet.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the memorandum entitled, ``Certain
Magnesia Carbon Bricks from the People's Republic of China: Issues and
Decision Memorandum for the Final Results of the 2010-2011
Administrative Review (``Issues and Decision Memorandum''),'' which is
dated concurrently with, and adopted by, this notice. A list of the
issues which parties raised, and to which we responded in the Issues
and Decision Memorandum, is attached to this notice as Appendix I. The
Issues and Decision Memorandum is a public document and is on file
electronically via Import Administration's Antidumping and
Countervailing Duty Centralized Electronic Service System (``IA
ACCESS''). IA ACCESS is available to registered users at http://iaaccess.trade.gov, and is available to all parties in the Central
Records Unit, room 7046 of the main Department of Commerce building. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly on the internet at http://www.trade.gov/ia/. The
signed Issues and Decision Memorandum and the electronic versions of
the Issues and Decision Memorandum are identical in content.
Scope of the Order
The merchandise subject to the order includes certain magnesia
carbon bricks.\2\ Certain magnesia carbon bricks that are the subject
of this order are currently classifiable under subheadings
6810.11.0000, 6810.91.0000, 6810.99.0080, 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''). Although the HTSUS numbers
are provided for convenience and customs purposes, the written
description of the scope of the order remains dispositive.\3\
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\2\ See Issues and Decision Memorandum for a complete
description of the scope of the order.
\3\ See Certain Magnesia Carbon Bricks From Mexico and the
People's Republic of China: Antidumping Duty Orders, 75 FR 57257
(September 20, 2010).
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Changes Since the Preliminary Results
Based on the comments received from the interested parties, we have
made no change to the Preliminary Results. For a discussion of the
issues, see the Issues and Decision Memorandum.
Final Rescission, in Part, of the Administrative Review
In the Preliminary Results, the Department indicated its intent to
rescind this review with respect to ANH (Xinyi) Refractories (``ANH
(Xinyi)''), Yingkou New Century Refractories Ltd. (``Yingkou New
Century''), and RHI-Refractories Asia Pacific Pte. Ltd., RHI
Refractories (Dalian) Co., Ltd., RHI Refractories Liaoning Co., Ltd.,
RHI Trading Shanghai Branch, and RHI Trading (Dalian) Co., Ltd.
(collectively, ``RHI'') upon preliminarily determining that they had no
shipments of subject merchandise to the United States during the
POR.\4\ Subsequent to the Preliminary Results, no information was
submitted on the record indicating that these companies made sales to
the United States of subject merchandise during the POR and no party
provided written arguments regarding this issue. Thus, in accordance
with 19 CFR 351.213(d)(3), and consistent with our practice,\5\ we
[[Page 22231]]
are rescinding this review with respect to ANH (Xinyi), Yingkou New
Century and RHI.
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\4\ See Preliminary Results, 77 FR 61394-61395.
\5\ See, e.g., Certain Tissue Paper Products from the People's
Republic of China: Preliminary Results and Partial Rescission of
Antidumping Duty Administrative Review, 73 FR 18497, 18500 (April 4,
2008) (preliminarily rescinding review because of lack of reviewable
entries), unchanged in Certain Tissue Paper Products from the
People's Republic of China: Final Results and Final Rescission, in
Part, of Antidumping Duty Administrative Review, 73 FR 58113
(October 6, 2008).
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PRC-Wide Entity
In the Preliminary Results, we assigned to the PRC-wide entity,
which included Yingkou Byuquan Refractories Co., Ltd. (``BRC''), a rate
of 236.00 percent based upon adverse facts available (``AFA''). We have
received no comment or information since the Preliminary Results that
would warrant reconsideration of our determination. Therefore, the
final results are unchanged from the Preliminary Results, and we have
continued to assign an AFA rate of 236.00 percent to the PRC-wide
entity, which includes BRC.
Final Results of Review
The weighted-average dumping margins for the POR are as follows:
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Weighted-average dumping
Exporter margin (percent)
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Fengchi Imp. and Exp. Co., Ltd. of 236.00
Haicheng City and Fengchi Refractories
Co., of Haicheng City...................
PRC-wide entity (including Yingkou 236.00
Byuquan Refractories Co., Ltd.).........
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The Department will disclose calculations performed for these final
results to the parties within five days of the date of publication of
this notice, in accordance with 19 CFR 351.224(b).
Assessment
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries. The Department intends to issue assessment instructions to CBP
15 days after the date of publication of the final results of review.
For any individually examined respondents whose weighted-average
dumping margin is not below de minimis (i.e., 0.5 percent), we will
calculate importer-specific ad valorem duty assessment rates based on
the ratio of the total amount of dumping calculated for the importer's
examined sales to the total entered value of those same sales in
accordance with 19 CFR 351.212(b)(1).\6\ The Department will instruct
CBP to assess antidumping duties on all appropriate entries covered by
this review when the importer-specific assessment rate calculated in
the final results of this review is not below de minimis. Where either
the respondent's weighted-average dumping margin is zero or below de
minimis, or an importer-specific assessment rate is zero or below de
minimis,\7\ the Department will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.
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\6\ In these final results, the Department applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\7\ See 19 CFR 351.106(c)(2).
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For the PRC-wide entity, the Department will instruct CBP to assess
antidumping duties at a rate equal to the weighted-average dumping
margin included above in the Final Results of Review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as
amended (Act): (1) for the exporters listed above, the cash deposit
rate will be equal to the weighted-average dumping margin established
in the final results of review (except, if the rate is zero or below de
minimis, i.e., 0.5 percent, a zero cash deposit rate will be required
for that exporter); (2) for previously investigated or reviewed PRC and
non-PRC exporters not listed above that have a separate rate, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (3) for all PRC exporters of subject
merchandise which have not been found to be entitled to a separate
rate, the cash deposit rate will be 236.00 percent, the rate 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 exporters that supplied
that non-PRC exporter. These cash deposit requirements, when imposed,
shall remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties has occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Order
This notice also serves as a 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, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/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.
We are issuing and publishing this administrative review and notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
Comment 1 Adverse Facts Available for Fengchi's Failure to Report
Sales of Magnesia Alumina Carbon Bricks
Comment 2 The Appropriate Weighted-Average Dumping Margin Assigned
to Fengchi
Comment 3 Surrogate Values for Dumping Margin Calculations
Comment 4 Customs Instructions
[FR Doc. 2013-08807 Filed 4-12-13; 8:45 am]
BILLING CODE 3510-DS-P