Certain Magnesia Carbon Bricks from the People's Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value, 20813-20815 [2010-9186]

Download as PDF Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices erowe on DSK5CLS3C1PROD with NOTICES Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: 202– 482–3936. SUPPLEMENTARY INFORMATION: Background This matter arose from a challenge to the Final Results issued by the Department of Commerce (‘‘the Department’’) regarding the administrative review of the antidumping duty order on Silicon Metal from Brazil for the period of review beginning July 1, 1996, through June 30, 1997. See Silicon Metal from Brazil: Notice of Final Results of Antidumping Duty Administrative Review, 64 FR 6305 (February 9, 1999) (‘‘Final Results’’). Following publication of the Final Results, the petitioners1 and the respondents Eletrosilex S.A. (‘‘Eletrosilex’’) and Ligas de Aluminio S.A. filed lawsuits with the Court of International Trade (‘‘CIT’’) challenging the Department’s Final Results. Eletrosilex contested the Department’s application of total adverse facts available (‘‘AFA’’) to Eletrosilex, and the Department’s selected AFA rate of 93.20 percent. On July 17, 2000, the CIT issued its decision, remanding the Final Results to the Department to reconsider its determination to apply AFA to Eletrosilex and the rate which the Department selected as AFA. See American Silicon Technologies v. United States, 110 F. Supp. 2d 992, 1004–5 (2000). On January 29, 2001, the Department submitted remand results to the CIT. See ‘‘Silicon Metal From Brazil; Final Results of Redetermination Pursuant to Court Remand, Ct. No. 99– 00149.’’ In the remand results, the Department considered its determination and reached the same conclusions as regards applying AFA to Eletrosilex, and the appropriate rate to select as AFA, as it did in the Final Results. On October 17, 2002, the CIT issued its decision, affirming the Department’s determination to apply AFA to Eletrosilex but remanding to the Department to redetermine an AFA rate. See American Silicon Technologies v. United States, 240 F. Supp. 2d 1306, 1313 (2002). Pursuant to the CIT’s remand instructions, the Department submitted remand results to the CIT on January 22, 2003. See ‘‘Silicon Metal From Brazil; Final Results of 1 The petitioners are American Silicon Technologies, Elkem Metals Company, Globe Metallurgical, Inc. and SKW Metals & Alloys, Inc. VerDate Nov<24>2008 14:33 Apr 20, 2010 Jkt 220001 Redetermination Pursuant to Court Remand’’ (‘‘Second Remand Results’’). The Department selected as AFA for Eletrosilex a margin of 67.93 percent, a margin calculated for another respondent in the administrative review of silicon metal from Brazil for the period July 1, 1994, through June 30, 1995. See Silicon Metal from Brazil, Final Results of Redetermination Pursuant to Court Remand, American Silicon Technologies v. United States, Court No. 97–02–00267, Slip. Op. 99– 34. On June 27, 2003, the CIT sustained the Second Remand Results. See American Silicon Technologies v. United States, 273 F. Supp. 2d 1342 (2003). However, on October 30, 2003, pursuant to a motion by Eletrosilex, the CIT stayed further action pending the results of litigation regarding the administrative review of silicon metal from Brazil for the 94/95 period of review. See American Silicon Technologies v. United States, 27 C.I.T. 1677; 2003 Ct. Intl. Trade LEXIS 147 (2003). On May 13, 2004, the CIT sustained the Department’s remand results regarding the 94/95 period of review. See American Silicon Technologies v. United States, 28 C.I.T. 698; 2004 Ct. Intl. Trade LEXIS 49 (2004). That decision was not appealed. On January 27, 2010, the CIT dissolved the stay of its June 27, 2003 judgment. As there is now a final and conclusive court decision in this case, we are amending our Final Results. 20813 DEPARTMENT OF COMMERCE International Trade Administration [A–570–954] Certain Magnesia Carbon Bricks from the People’s Republic of China: Amended Preliminary Determination of Sales at Less Than Fair Value AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 21, 2010. SUMMARY: On March 12, 2010, the Department of Commerce (‘‘Department’’) published the Preliminary Determination of sales at less than fair value (‘‘LTFV’’) in the antidumping duty investigation of certain magnesia carbon bricks (‘‘bricks’’) from the People’s Republic of China (‘‘PRC’’). See Certain Magnesia Carbon Bricks from the People’s Republic of China: Preliminary Determination of Sales at Less Than Fair Value and Postponement of Final Determination, 75 FR 11847 (March 12, 2010) (‘‘Preliminary Determination’’). We are amending our Preliminary Determination to correct certain ministerial errors with respect to the antidumping duty margin calculation for RHI Refractories Liaoning Co., Ltd. (‘‘RHI’’). The corrections to the RHI margin also affect the margin assigned to the companies receiving a separate rate and the PRC–wide rate. In addition, we have granted a separate rate to Yingkou Jiahe Refractories Co., Ltd. Amended Final Results (‘‘Jiahe’’). As the litigation in this case has FOR FURTHER INFORMATION CONTACT: Paul concluded, the Department is amending Walker, AD/CVD Operations, Office 9, the Final Results in accordance with the Import Administration, International CIT’s decision. The revised dumping Trade Administration, U.S. Department margin for Eletrosilex is as follows: of Commerce, 14th Street and Constitution Avenue, NW, Washington, Manufacturer/Exporter Margin DC, 20230; telephone: (202) 482–0413. Eletrosilex S.A. ............. 67.93% SUPPLEMENTARY INFORMATION: As noted above, on March 12, 2010, the Department published in the Federal The Department intends to issue Register the Preliminary Determination instructions to U.S. Customs and Border that bricks from the PRC are being, or Protection to liquidate all entries at the are likely to be, sold in the United States appropriate rates for the company listed at LTFV, as provided in section 733 of above, 15 days after the date of the Tariff Act of 1930, as amended publication of this notice. (‘‘Act’’). See Preliminary Determination. On March 12, 2010, RHI, Dalian This notice is published in Mayerton Refractories Co., Ltd. and accordance with sections 751(a)(1) and Liaoning Mayerton Refractories Co., Ltd. 777(i) of the Tariff Act of 1930, as (collectively, ‘‘Mayerton’’), Jiahe, and amended. Resco Products, Inc. (‘‘Petitioner’’), filed Dated: April 15, 2010. timely allegations of ministerial errors Ronald K. Lorentzen, contained in the Department’s Deputy Assistant Secretary for Import Preliminary Determination. After Administration. reviewing the allegations, we have [FR Doc. 2010–9175 Filed 4–20–10; 8:45 am] determined that the Preliminary BILLING CODE 3510–DS–S Determination included significant PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\21APN1.SGM 21APN1 20814 Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices ministerial errors. Therefore, in accordance with 19 CFR 351.224(e), we have made changes, as described below, to the Preliminary Determination. Period of Investigation The period of investigation (‘‘POI’’) is January 1, 2009, through June 30, 2009. See 19 CFR 351.204(b)(1). Scope of Investigation Imports covered by this investigation consist of certain chemically bonded (resin or pitch), magnesia carbon bricks 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, magnesia carbon bricks 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, anti– oxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain magnesia carbon bricks that are the subject of this investigation are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, and 6815.99 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. Significant Ministerial Error Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is amending the Preliminary Determination to reflect the correction of significant ministerial errors it made in the margin calculations regarding RHI, and Jiahe, a separate rate applicant. In accordance with 19 CFR 351.224(e), we are correcting significant ministerial errors in the Preliminary Determination. A ministerial error is defined as errors in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial. See section 735(e) of the Act. A significant ministerial error is defined as a ministerial error, the correction of which, singly or in combination with other errors, would result in (1) a change of at least five absolute percentage points in, but not less than 25 percent of, the weighted– average dumping margin calculated in the original (erroneous) preliminary determination, or (2) a difference between a weighted–average dumping margin of zero or de minimis and a weighted–average dumping margin of greater than de minimis or vice versa. See 19 CFR 351.224(g). As a result of this amended preliminary determination, we have revised the antidumping rate for RHI and added Jiahe to the list of exporters that received a separate rate. In addition, we have revised the separate rate based on RHI’s revised dumping margin. See the ‘‘Amended Preliminary Determination’’ section below. Moreover, we have revised the PRC–wide rate based on RHI’s revised dumping margin. Id.; see also Memorandum to the File, through Scot T. Fullerton, Program Manager, Office 9, from Paul Walker, Case Analyst, ‘‘Investigation of Magnesia Carbon Bricks from the People’s Republic of China: Corroboration of the PRC–wide Rate for the Amended Preliminary Determination,’’ dated concurrently with this notice. Ministerial Error Allegations On March 12, 2010, Jiahe, a separate rate applicant, submitted a ministerial error allegation claiming that the Department did not name it in the Preliminary Determination as one of the exporters receiving a separate rate. On March 12, 2010, Mayerton and RHI submitted ministerial error allegations with respect to their preliminary margin calculations, relating to certain conversion errors and movement expenses. On March 18, 2010, the Petitioner submitted rebuttal comments to RHI’s ministerial error allegations. The Department has reviewed its preliminary calculations and agrees that certain errors which the parties alleged are significant ministerial errors within the meaning of 19 CFR 351.224(g). See Memorandum to James Doyle, Office Director, Office 9, through Scot T. Fullerton, Program Manager, Office 9, from Paul Walker, Senior Case Analyst, ‘‘Investigation of Magnesia Carbon Bricks from the People’s Republic of China: Ministerial Error Memorandum,’’ dated concurrently with this notice, for a discussion of the ministerial error allegations. See Appendix I for a list of the ministerial error allegations. The collection of bonds or cash deposits and suspension of liquidation will be revised accordingly and parties will be notified of this determination, in accordance with section 733(d) and (f) of the Act. Amended Preliminary Determination As a result of our correction of significant ministerial errors in the Preliminary Determination, we have determined that the following weighted–average dumping margins apply: Weighted–Average Margin erowe on DSK5CLS3C1PROD with NOTICES Exporter Producer RHI Refractories Liaoning Co., Ltd. .................................................... Liaoning Mayerton Refractories Co., Ltd. ............................................ Dalian Mayerton Refractories Co., Ltd. ............................................... Dashiqiao City Guancheng Refractor Co., Ltd. ................................... Fengchi Imp. And Exp. Co., Ltd. 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. .......................................... Yingkou Bayuquan Refractories Co., Ltd. ........................................... Yingkou Dalmond Refractories Co., Ltd. ............................................. Yingkou Guangyang Co., Ltd. ............................................................. Yingkou Jiahe Refractories Co., Ltd. ................................................... Yingkou Kyushu Refractories Co, Ltd. ................................................ Yingkou New Century Refractories Ltd. .............................................. Yingkou Wonjin Refractory Material Co., Ltd. ..................................... PRC–wide Entity .................................................................................. RHI Refractories Liaoning Co., Ltd. Liaoning Mayerton Refractories Co., Ltd. Dalian Mayerton Refractories Co., Ltd. Dashiqiao City Guancheng Refractor Co., Ltd. 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. Yingkou Bayuquan Refractories Co., Ltd. Yingkou Dalmond Refractories Co., Ltd. Yingkou Guangyang Co., Ltd. Yingkou Jiahe Refractories Co., Ltd. Yingkou Kyushu Refractories Co, Ltd. Yingkou New Century Refractories Ltd. Yingkou Wonjin Refractory Material Co., Ltd. ................................................................................ VerDate Nov<24>2008 14:33 Apr 20, 2010 Jkt 220001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\21APN1.SGM 21APN1 129.17 132.74 132.74 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 130.96 236.00 Federal Register / Vol. 75, No. 76 / Wednesday, April 21, 2010 / Notices International Trade Commission Notification In accordance with section 733(f) of the Act, we have notified the International Trade Commission (‘‘ITC’’) of our amended preliminary determination. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of the preliminary determination or 45 days after our final determination whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports, or sales (or the likelihood of sales) for importation, of the subject merchandise. This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e). The proposed action is to reintroduce spring-run Chinook salmon into the mainstem of the San Joaquin River which will include collection of founding stock, propagation, and release under authorities of section 10(j) of the Endangered Species Act (ESA), Natural Resource Defense Council, et al. v. Rodgers et. al. (Settlement), the Omnibus Public Land Management Act of 2009 Public Law 111–11, Title X. (Restoration Act), and section 10(a)(1)(A) of the ESA. This proposed reintroduction includes designating an experimental population for spring-run Chinook salmon within the San Joaquin River from below the confluence with the Stanislaus River to Friant Dam. The proposed action will include promulgation of a 4(d) rule. Issue 1: Factor of Production Conversions Issue 2: Foreign Inland Movement Expenses Issue 3: Separate Rate Application of Yingkou Jiahe Refractories Co., Ltd. [FR Doc. 2010–9186 Filed 4–20–10; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XV93 Geographic Scope Notice of Intent To Prepare an Environmental Assessment and to Conduct San Joaquin River Chinook Salmon Scoping Meeting erowe on DSK5CLS3C1PROD with NOTICES AGENCY: National Marine Fisheries Service (NMFS), National Oceanic andAtmospheric Administration (NOAA), Commerce. ACTION: Notice of Intent; scoping meeting. SUMMARY: NMFS announces its intent to prepare an Environmental Assessment (EA) to analyze the potential impacts of the proposed reintroduction of springrun Chinook salmon to the mainstem of the San Joaquin River. DATES: NMFS will conduct a public scoping meeting in order to provide information and solicit comments for the preparation of the EA. The meeting will be held on April 28, 2010, from 5 Jkt 220001 FOR FURTHER INFORMATION CONTACT: Elif Fehm-Sullivan, telephone 916 930 3723. Proposed Action Appendix I 14:33 Apr 20, 2010 Comments related to the preparation of the EA should be sent to National Marine Fisheries Service, Attn: Elif Fehm-Sullivan, 650 Capitol Mall, Suite 8–300, Sacramento, CA 95814. Comments may also be submitted electronically to SJRSpringSalmon@nooa.gov. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. ADDRESSES: SUPPLEMENTARY INFORMATION: Dated: April 13, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. VerDate Nov<24>2008 p.m. to 7 p.m., Pacific Time, at the Department of Water Resource, South Central Office, 3374 East Shields Avenue, Fresno, CA 93726. Written comments must be postmarked by June 21, 2010. The proposed planning area for the proposed reintroduction will consist of the aquatic ecosystems and natural communities, and potentially adjacent riparian and floodplain natural communities, within and along the San Joaquin River and from the confluence of the Stanislaus River (approximately 3 miles northeast of Vernalis, California) upstream to Friant Dam and it’s associated tributaries including; the Stanislaus River below Goodwin Dam, the Tuolumne River below La Grange Dam, and the Merced River below Crocker-Huffman Dam. Covered Species The species that is intended to be the initial focus of the reintroduction is the spring-run Central Valley Chinook salmon (Oncorhynchus tshawytscha). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 20815 Request for Comments The primary purpose of the scoping process is to identify important issues raised by the public related to the issuance of an ESA 10(j) rule and promulgation of an ESA 4(d) rule associated with the reintroduction of spring-run Chinook salmon to the San Joaquin River. Written comments from interested parties are invited to ensure that the full range of issues related to the proposed development of the 4(d) rule and the proposed reintroduction. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. Information regarding this proposed action is available in alternative formats upon request. Reasonable Accommodations Persons needing reasonable accommodation to attend and participate should contact Elif FehmanSullivan (see FOR FURTHER CONTACT INFORMATION). To allow sufficient time to process requests, please call no later than five days prior to attending the meeting. Dated: April 15, 2010. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2010–9188 Filed 4–20–10; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE International Trade Administration [A–570–827] Certain Cased Pencils From the People’s Republic of China: Extension of Time Limit for the Final Results of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 21, 2010. FOR FURTHER INFORMATION CONTACT: Alexander Montoro or Joseph Shuler, AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482–0238 and (202) 482–1293, respectively. SUPPLEMENTARY INFORMATION: Background On December 22, 2009, the Department of Commerce E:\FR\FM\21APN1.SGM 21APN1

Agencies

[Federal Register Volume 75, Number 76 (Wednesday, April 21, 2010)]
[Notices]
[Pages 20813-20815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9186]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Certain Magnesia Carbon Bricks from the People's Republic of 
China: Amended Preliminary Determination of Sales at Less Than Fair 
Value

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 21, 2010.
SUMMARY: On March 12, 2010, the Department of Commerce (``Department'') 
published the Preliminary Determination of sales at less than fair 
value (``LTFV'') in the antidumping duty investigation of certain 
magnesia carbon bricks (``bricks'') from the People's Republic of China 
(``PRC''). See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Preliminary Determination of Sales at Less Than Fair 
Value and Postponement of Final Determination, 75 FR 11847 (March 12, 
2010) (``Preliminary Determination''). We are amending our Preliminary 
Determination to correct certain ministerial errors with respect to the 
antidumping duty margin calculation for RHI Refractories Liaoning Co., 
Ltd. (``RHI''). The corrections to the RHI margin also affect the 
margin assigned to the companies receiving a separate rate and the PRC-
wide rate. In addition, we have granted a separate rate to Yingkou 
Jiahe Refractories Co., Ltd. (``Jiahe'').

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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) 482-0413.

SUPPLEMENTARY INFORMATION: As noted above, on March 12, 2010, the 
Department published in the Federal Register the Preliminary 
Determination that bricks from the PRC are being, or are likely to be, 
sold in the United States at LTFV, as provided in section 733 of the 
Tariff Act of 1930, as amended (``Act''). See Preliminary 
Determination.
    On March 12, 2010, RHI, Dalian Mayerton Refractories Co., Ltd. and 
Liaoning Mayerton Refractories Co., Ltd. (collectively, ``Mayerton''), 
Jiahe, and Resco Products, Inc. (``Petitioner''), filed timely 
allegations of ministerial errors contained in the Department's 
Preliminary Determination. After reviewing the allegations, we have 
determined that the Preliminary Determination included significant

[[Page 20814]]

ministerial errors. Therefore, in accordance with 19 CFR 351.224(e), we 
have made changes, as described below, to the Preliminary 
Determination.

Period of Investigation

    The period of investigation (``POI'') is January 1, 2009, through 
June 30, 2009. See 19 CFR 351.204(b)(1).

Scope of Investigation

    Imports covered by this investigation consist of certain chemically 
bonded (resin or pitch), magnesia carbon bricks 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, magnesia carbon bricks 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, anti-oxidants 
can be added to the mix from trace amounts to 15 percent by weight as 
various metals, metal alloys, and metal carbides). Certain magnesia 
carbon bricks that are the subject of this investigation are currently 
classifiable under subheadings 6902.10.1000, 6902.10.5000, 
6815.91.0000, and 6815.99 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.

Significant Ministerial Error

    Pursuant to 19 CFR 351.224(e) and (g)(1), the Department is 
amending the Preliminary Determination to reflect the correction of 
significant ministerial errors it made in the margin calculations 
regarding RHI, and Jiahe, a separate rate applicant. In accordance with 
19 CFR 351.224(e), we are correcting significant ministerial errors in 
the Preliminary Determination. A ministerial error is defined as errors 
in addition, subtraction, or other arithmetic function, clerical error 
resulting from inaccurate copying, duplication, or the like, and any 
other similar type of unintentional error which the Secretary considers 
ministerial. See section 735(e) of the Act. A significant ministerial 
error is defined as a ministerial error, the correction of which, 
singly or in combination with other errors, would result in (1) a 
change of at least five absolute percentage points in, but not less 
than 25 percent of, the weighted-average dumping margin calculated in 
the original (erroneous) preliminary determination, or (2) a difference 
between a weighted-average dumping margin of zero or de minimis and a 
weighted-average dumping margin of greater than de minimis or vice 
versa. See 19 CFR 351.224(g). As a result of this amended preliminary 
determination, we have revised the antidumping rate for RHI and added 
Jiahe to the list of exporters that received a separate rate. In 
addition, we have revised the separate rate based on RHI's revised 
dumping margin. See the ``Amended Preliminary Determination'' section 
below. Moreover, we have revised the PRC-wide rate based on RHI's 
revised dumping margin. Id.; see also Memorandum to the File, through 
Scot T. Fullerton, Program Manager, Office 9, from Paul Walker, Case 
Analyst, ``Investigation of Magnesia Carbon Bricks from the People's 
Republic of China: Corroboration of the PRC-wide Rate for the Amended 
Preliminary Determination,'' dated concurrently with this notice.

Ministerial Error Allegations

    On March 12, 2010, Jiahe, a separate rate applicant, submitted a 
ministerial error allegation claiming that the Department did not name 
it in the Preliminary Determination as one of the exporters receiving a 
separate rate. On March 12, 2010, Mayerton and RHI submitted 
ministerial error allegations with respect to their preliminary margin 
calculations, relating to certain conversion errors and movement 
expenses. On March 18, 2010, the Petitioner submitted rebuttal comments 
to RHI's ministerial error allegations. The Department has reviewed its 
preliminary calculations and agrees that certain errors which the 
parties alleged are significant ministerial errors within the meaning 
of 19 CFR 351.224(g). See Memorandum to James Doyle, Office Director, 
Office 9, through Scot T. Fullerton, Program Manager, Office 9, from 
Paul Walker, Senior Case Analyst, ``Investigation of Magnesia Carbon 
Bricks from the People's Republic of China: Ministerial Error 
Memorandum,'' dated concurrently with this notice, for a discussion of 
the ministerial error allegations. See Appendix I for a list of the 
ministerial error allegations.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

Amended Preliminary Determination

    As a result of our correction of significant ministerial errors in 
the Preliminary Determination, we have determined that the following 
weighted-average dumping margins apply:

----------------------------------------------------------------------------------------------------------------
                                                                                              Weighted-Average
                  Exporter                                      Producer                           Margin
----------------------------------------------------------------------------------------------------------------
RHI Refractories Liaoning Co., Ltd.........            RHI Refractories Liaoning Co., Ltd.                129.17
Liaoning Mayerton Refractories Co., Ltd....       Liaoning Mayerton Refractories Co., Ltd.                132.74
Dalian Mayerton Refractories Co., Ltd......         Dalian Mayerton Refractories Co., Ltd.                132.74
Dashiqiao City Guancheng Refractor Co.,       Dashiqiao City Guancheng Refractor Co., Ltd.                130.96
 Ltd.......................................
Fengchi Imp. And Exp. Co., Ltd. Of Haicheng     Fengchi Refractories Co., of Haicheng City                130.96
 City......................................
Jiangsu Sujia Group New Materials Co. Ltd..     Jiangsu Sujia Group New Materials Co. Ltd.                130.96
Liaoning Fucheng Refractories Group Co.,     Liaoning Fucheng Refractories Group Co., Ltd.                130.96
 Ltd.......................................
Liaoning Fucheng Special Refractory Co.,     Liaoning Fucheng Special Refractory Co., Ltd.                130.96
 Ltd.......................................
Liaoning Jiayi Metals & Minerals Co., Ltd..     Liaoning Jiayi Metals & Minerals Co., Ltd.                130.96
Yingkou Bayuquan Refractories Co., Ltd.....        Yingkou Bayuquan Refractories Co., Ltd.                130.96
Yingkou Dalmond Refractories Co., Ltd......         Yingkou Dalmond Refractories Co., Ltd.                130.96
Yingkou Guangyang Co., Ltd.................                    Yingkou Guangyang Co., Ltd.                130.96
Yingkou Jiahe Refractories Co., Ltd........           Yingkou Jiahe Refractories Co., Ltd.                130.96
Yingkou Kyushu Refractories Co, Ltd........           Yingkou Kyushu Refractories Co, Ltd.                130.96
Yingkou New Century Refractories Ltd.......          Yingkou New Century Refractories Ltd.                130.96
Yingkou Wonjin Refractory Material Co.,       Yingkou Wonjin Refractory Material Co., Ltd.                130.96
 Ltd.......................................
PRC-wide Entity............................  .............................................                236.00
----------------------------------------------------------------------------------------------------------------


[[Page 20815]]

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of our amended preliminary 
determination. If our final determination is affirmative, the ITC will 
determine before the later of 120 days after the date of the 
preliminary determination or 45 days after our final determination 
whether the domestic industry in the United States is materially 
injured, or threatened with material injury, by reason of imports, or 
sales (or the likelihood of sales) for importation, of the subject 
merchandise.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: April 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Issue 1: Factor of Production Conversions
Issue 2: Foreign Inland Movement Expenses
Issue 3: Separate Rate Application of Yingkou Jiahe Refractories Co., 
Ltd.

[FR Doc. 2010-9186 Filed 4-20-10; 8:45 am]
BILLING CODE 3510-DS-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.