[Federal Register Volume 80, Number 164 (Tuesday, August 25, 2015)]
[Notices]
[Pages 51536-51538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21048]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Notice of Rescission of Countervailing Duty Administrative
Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) is rescinding its
administrative review of the countervailing duty (CVD) order on certain
magnesia carbon bricks (MCBs) from the People's Republic of China (PRC)
for the period January 1, 2013, through December 31, 2013 (POR).
DATES: Effective date: August 25, 2015.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3586.
[[Page 51537]]
SUPPLEMENTARY INFORMATION:
Background
On September 2, 2014, the Department published in the Federal
Register a notice of ``Opportunity to Request Administrative Review''
of the CVD order on MCBs from the PRC for the POR.\1\ The deadline for
the completion of the preliminary results is August 31, 2015.\2\ On
September 30, 2014, Petitioner in this proceeding, Resco Products,
Inc., and an interested party, Magnesita Refractories Company
(Magnesita), submitted a timely request for an administrative review of
five companies: (1) Fedmet Resources Corporation; (2) Fengchi Imp. and
Exp. Co., Ltd. of Haicheng City (Fengchi Co.); (3) Fengchi Mining Co.,
Ltd. of Haicheng City (Fengchi Mining); (4) Fengchi Refractories Corp.
(Fengchi Refractories); and (5) Puyang Refractories Co., Ltd.
(collectively, Companies Subject to Review).\3\ On October 30, 2014, in
accordance with 19 CFR 351.221(c)(1)(i), the Department published in
the Federal Register a notice of initiation of an administrative review
on the CVD order on MCBs from the PRC with respect to the Companies
Subject to Review.\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 79 FR 51958 (September 2, 2014).
\2\ See Department Memoranda, ``Certain Magnesia Carbon Bricks
from the People's Republic of China: Extension of Time Limit for
Preliminary Results of the Countervailing Duty Administrative
Review,'' (May 22, 2015), and ``Certain Magnesia Carbon Bricks from
the People's Republic of China: Second Extension of Time Limit for
Preliminary Results of the Countervailing Duty Administrative
Review,'' (July 1, 2015).
\3\ See Letter to the Secretary from Petitioner and Magnesita,
``Certain Magnesia Carbon Bricks from the People's Republic of
China: Countervailing Duty Administrative Review,'' (September 30,
2014).
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 64565, 64568 (October 30, 2014)
(Initiation Notice); see also Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR 66694, 66695
(November 10, 2014), and Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 80 FR 37588, 37596 (July
1, 2015), correcting printing errors in the Initiation Notice.
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The Department stated in the Initiation Notice that it intended to
rely on U.S. Customs and Border Protection (CBP) data to select
respondents.\5\ On November 5, 2014, we released U.S. Customs and
Border Protection (CBP) entry data to interested parties for comments
regarding respondent selection.\6\ On November 14, 2014, Fengchi Co.
submitted comments on the Original CBP Data, and expressed concerns
that the Original CBP Data may not accurately reflect POR entries of
subject merchandise.\7\ No other party commented on the Original CBP
Data.
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\5\ See Initiation Notice at ``Respondent Selection.''
\6\ See Department Memorandum, ``2013 Countervailing Duty
Administrative Review of Certain Magnesia Carbon Bricks from the
People's Republic of China: U.S. Customs and Border Protection Entry
Data,'' (November 5, 2014) (Original CBP Data).
\7\ See Letter to the Secretary from Fengchi Co., ``Magnesia
Carbon Bricks form the People's Republic of China, Case No. C-570-
955: Comments on U.S. Customs and Border Protection Entry Data,''
(November 14, 2014) (Fengchi Co. CBP Data Comments).
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On December 19, 2014, we received timely no shipment certifications
from Fengchi Co., Fengchi Mining, and Fengchi Refractories.\8\ These
three companies also requested that we rescind this administrative
review.\9\ Although Fengchi Co., Fengchi Mining, and Fengchi
Refractories each certified that they had had no reviewable entries of
subject merchandise during the POR, the Original CBP Data did show that
Fengchi Co. had exports of subject merchandise that were entered during
the POR.\10\ As a result, in our Respondent Selection Memorandum, we
selected Fengchi Co. as our sole mandatory respondent.\11\
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\8\ See Letter to the Secretary from Fengchi Co., Fengchi
Mining, and Fengchi Refractories, ``Magnesia Carbon Brick from the
People's Republic of China, Case No. C-570-955: No Shipments
Letter,'' (December 19, 2014).
\9\ Id.
\10\ See Original CBP Data.
\11\ See Department Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China: Respondent Selection,'' (January 28,
2015) (Respondent Selection Memorandum).
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Subsequently, the Department found that its data query that
generated the Original CBP Data had been constructed for an incorrect
period. The Department placed Corrected CBP Data onto the record on
July 22, 2015, and gave interested parties an opportunity to comment on
these data.\12\ Our review of the Corrected CBP Data led us to conclude
that there were no entries of MCBs from the PRC that were subject to
countervailing duties with respect to the Companies Subject to Review
during the POR.\13\ Accordingly, we sent requests to CBP to notify us
if there was any indication from CBP ports that shipments of MCBs from
the PRC regarding the Companies Subject to Review entered the United
States during the POR.\14\ We received no information from CBP to
contradict the Corrected CBP Data.
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\12\ See Department Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China: Respondent Selection--Corrected POR
Entry Information,'' (July 14, 2015) (Corrected CBP Data).
\13\ Id.
\14\ See CBP Inquiries, Message Nos.: 5174303 (June 23, 2015);
5174304 (June 23, 2015); 5198315 (July 17, 2015); and 5219308
(August 7, 2015).
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On July 28, 2015, Resco, Magnesita, and Harbison Walker
International submitted timely comments on the Corrected CBP Data,
requesting that the Department ask CBP for entry summary information
regarding the entries listed in the Corrected CBP Data.\15\ No other
party commented on the Corrected CBP Data.
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\15\ See Letter to the Secretary from the Magnesia Carbon Bricks
Fair Trade Committee, ``Certain Magnesia Carbon Bricks From the
People's Republic of China: Petitioners' Comments on the CBP Data,''
(July 28, 2015).
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On August 12, 2015, the Department issued a memorandum stating that
it intended to rescind this review based on the lack of suspended
entries for Companies Subject to Review.\16\ We invited parties to
comment on our intent to rescind this administrative review; \17\ we
did not receive any comments from any interested party.
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\16\ See Department Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China; Intent to Rescind Administrative
Review,'' (August 12, 2015).
\17\ Id.
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Rescission of Review
Section 351.213(d)(3) of the Department's regulations states that
``{the{time} Secretary may rescind an administrative review, in whole
or only with respect to a particular exporter or producer, if the
Secretary concludes that, during the period covered by the review,
there were no entries, exports, or sales of the subject merchandise, as
the case may be.'' \18\ At the end of a review, the suspended entries
are liquidated at the assessment rate calculated for the review
period.\19\ Therefore, for an administrative review to be conducted
there must be a suspended entry to be liquidated at the newly
calculated assessment rate. The Department's practice of rescinding
annual reviews when there are no entries of subject merchandise during
the POR has been upheld by the Court of Appeals for the Federal
Circuit.\20\
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\18\ See, e.g., Certain Preserved Mushrooms From India: Notice
of Rescission of Antidumping Duty Administrative Review, 79 FR 52300
(September 3, 2014) (Mushrooms from India); see also Certain Frozen
Warmwater Shrimp From Brazil: Notice of Rescission of Antidumping
Duty Administrative Review, 77 FR 32498 (June 1, 2012).
\19\ See 19 CFR 351.212(b)(2). See also section 751(a)(1)(A) of
the Act.
\20\ See Allegheny Ludlum Corp. v. United States, 346 F.3d 1368
(Fed. Cir. 2003).
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In this instance, because the Corrected CBP Data show there are no
suspended
[[Page 51538]]
entries from the Companies Subject to Review upon which to assess
duties for the POR, the Department is rescinding this review of the
countervailing duty order on MCBs from the PRC pursuant to 19 CFR
351.231(d)(3). The Department intends to issue appropriate assessment
instructions directly to CBP 15 days after the date of publication of
this notice.
Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
This notice is published in accordance with section 751 of the Act
and 19 CFR 351.213(d)(4).
Dated: August 18, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2015-21048 Filed 8-24-15; 8:45 am]
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