Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Antidumping Duty Orders, 57257-57259 [2010-23427]
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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices
unweighted workers and the Census
2000 average long form weight of six.
The Disclosure Review Board, upon
closer review for the ACS 5-year data
products, decided that the key
restriction to protect confidentiality for
the ACS was the 50 unweighted
workers, so the reference to a weighted
number of workers has been dropped.
Census Bureau staff also expanded the
language on disclosure avoidance
number six to clarify that in addition to
workplace tables, the requirement for at
least 50 unweighted workers in sample
over the 5-year period applies to all
non-residential geographies including
residence 1 year ago and place-of-birth
tables.
4. Frequency of Data Release
The Census Bureau received five
comments on the proposed annual
release of the ACS 5-year estimates. All
five comments were in favor of the
annual release.
III. ACS 5-year Data Products Plans
The Census Bureau is releasing its
plans for the ACS 5-year data products
via the Web. The plan provides a list of
the tables and geographies expected to
be included in the ACS 5-year products
and will be updated periodically with
new and expanded information. This
information can be accessed at: https://
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Paperwork Reduction Act
jdjones on DSK8KYBLC1PROD with NOTICES
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall a person be subject to a
penalty for failure to comply with, a
collection of information subject to
requirements of the Paperwork
Reduction Act (PRA), unless that
collection of information displays a
current, valid Office of Management and
Budget (OMB) control number. In
accordance with the PRA, 44 United
States Code, Chapter 35, the OMB
approved the ACS under OMB Control
Number 0607–0810. We will furnish
report forms to organizations included
in the survey, and additional copies will
be available upon written request to the
Director, U.S. Census Bureau,
Washington, DC 20233–0001.
Dated: September 13, 2010.
Robert M. Groves,
Director, U.S. Census Bureau.
[FR Doc. 2010–23373 Filed 9–17–10; 8:45 am]
BILLING CODE 3510–07–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–837, A–570–954]
Certain Magnesia Carbon Bricks From
Mexico and the People’s Republic of
China: Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing
antidumping duty orders on certain
magnesia carbon bricks (MCB) from
Mexico and the People’s Republic of
China (PRC). On September 8, 2010, the
ITC notified the Department of its
affirmative determinations of material
injury to a U.S. industry. See Certain
Magnesia Carbon Bricks from China and
Mexico (Investigation Nos. 701–TA–468
and 731–TA–1166–1167 (Final), USITC
Publication 4182, September 2010).
DATES: Effective Date: September 20,
2010.
FOR FURTHER INFORMATION CONTACT:
David Goldberger (Mexico) or Paul
Walker (PRC), AD/CVD Operations,
Offices 2 and 9 respectively, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4136 or (202) 482–
0413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On August 2, 2010, the Department
published its affirmative final
determinations of sales at less than fair
value in the antidumping duty
investigations of MCB from Mexico and
the PRC. See Certain Magnesia Carbon
Bricks from Mexico: Notice of Final
Determination of Sales at Less Than
Fair Value, 75 FR 45097 (August 2,
2010); and Certain Magnesia Carbon
Bricks from the People’s Republic of
China: Final Determination of Sales at
Less Than Fair Value and Critical
Circumstances, 75 FR 45468 (August 2,
2010) (MCB from the PRC Final).
On September 8, 2010, the ITC
notified the Department of its final
determinations pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
by reason of less-than-fair-value imports
of MCB from Mexico and the PRC.1 See
1 Because the vote of the ITC with respect to
imports of MCB from Mexico was evenly divided
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57257
section 735(b)(1)(A)(i) of the Act. In
addition, the ITC notified the
Department of its final determination
that critical circumstances do not exist
with respect to imports of subject
merchandise from the PRC that are
subject to the Department’s affirmative
critical circumstances finding.2
Pursuant to section 736(a) of the Act,
the Department is publishing
antidumping duty orders on the subject
merchandise.
Scope of the Orders
The scope of these orders includes
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
antioxidants 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 magnesia
carbon bricks that are the subject of
these orders 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.
Provisional Measures
Section 733(d) of the Act states that
suspension of liquidation instructions
issued pursuant to an affirmative
preliminary determination may not
remain in effect for more than four
months except where exporters
representing a significant proportion of
exports of the subject merchandise
request the Department to extend that
between an affirmative determination of material
injury and a negative determination, the
Department is treating this vote, for purposes of
duty assessment, as an affirmative finding of
material injury consistent with section 771(11) of
the Act. Likewise, because the vote of the ITC with
respect to imports of MCB from the PRC was evenly
divided between a determination of material injury
and a determination of threat of material injury, the
Department is treating this vote, for purposes of
duty assessment, as an affirmative finding of
material injury consistent with section 771(11) of
the Act.
2 Critical circumstances were not alleged with
respect to imports of subject merchandise from
Mexico.
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57258
Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices
four-month period to no more than six
months. At the request of the exporters
that accounted for a significant
proportion of exports of the subject
merchandise in the investigations of
MCB from Mexico and the PRC, we
extended the four-month period to no
more than six months. See Certain
Magnesia Carbon Bricks from Mexico:
Notice of Preliminary Determination of
Sales at Less Than Fair Value and
Postponement of Final Determination,
75 FR 11517 (March 11, 2010) (MCB
from Mexico Prelim); and 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) (MCB from the PRC Prelim).
In these investigations, the six-month
period beginning on the date of the
publication of the preliminary
determinations (i.e., March 11, 2010, for
Mexico and March 12, 2010, for the
PRC) will end on September 7, 2010,
and September 8, 2010, respectively.
Furthermore, section 737 of the Act
states that definitive duties are to begin
on the date of publication of the ITC’s
final injury determination. Therefore, in
accordance with section 733(d) of the
Act, we will instruct U.S. Customs and
Border Protection (CBP) to terminate the
suspension of liquidation and to
liquidate, without regard to
antidumping duties, unliquidated
entries of MCB from Mexico and the
PRC entered, or withdrawn from
warehouse, for consumption on or after
September 7, 2010, for Mexico and
September 8, 2010, for the PRC, and
before the date of publication of the
ITC’s final injury determination in the
Federal Register. Suspension of
liquidation will resume on or after the
date of publication of the ITC’s final
injury determination in the Federal
Register.
Antidumping Duty Orders
On September 8, 2010, in accordance
with section 735(d) of the Act, the ITC
notified the Department of its final
determinations that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A)(i) of the Act by reason of
less-than-fair-value imports of MCB
from Mexico and the PRC.
In accordance with section 736(a)(1)
of the Act, the Department will direct
CBP to assess, upon further advice by
the Department, antidumping duties
equal to the amount by which the
normal value of the merchandise
exceeds the export price or constructed
export price of the merchandise for all
relevant entries of MCB from Mexico
and the PRC. These antidumping duties
will be assessed on all unliquidated
entries of MCB entered from Mexico and
the PRC, or withdrawn from warehouse,
for consumption on or after March 11,
2010 (Mexico), or March 12, 2010 (PRC),
the date on which the Department
published its notices of preliminary
Exporter
determination in the Federal Register,
but prior to September 7, 2010 (Mexico),
or September 8, 2010 (PRC). See MCB
from Mexico Prelim, 75 FR at 11521;
and MCB from the PRC Prelim, 75 FR at
11848.
On or after the date of publication of
the ITC’s notice of final determinations
in the Federal Register, CBP, pursuant
to section 736(a)(3) of the Act, will
require, at the same time as importers
would normally deposit estimated
duties on this merchandise, a cash
deposit equal to the estimated dumping
margins listed below. The estimated
dumping margins for imports of subject
merchandise from the PRC will be
adjusted for export subsidies found in
the final determination of the
companion countervailing duty
investigation of this merchandise
imported from the PRC. See Certain
Magnesia Carbon Bricks from the
People’s Republic of China: Final
Affirmative Countervailing Duty
Determination, 75 FR 45472 (August 2,
2010). Specifically, for cash deposit
purposes, we are subtracting from the
applicable cash deposit rate that portion
of the rate attributable to the export
subsidies found in the affirmative
countervailing duty determination on
MCB from the PRC for respondent RHI
Refractories Liaoning Co., Ltd. and for
the separate-rate companies, whose rate
is the calculated rate received by RHI
Refractories Liaoning Co., Ltd. See MCB
from the PRC Final, 75 FR at 45471.
Producer
Margin
Mexico
RHI-Refmex S.A. de C.V ............................................................
All Others ....................................................................................
RHI-Refmex S.A. de C.V ...........................................................
................................................................................................
57.90
57.90
PRC
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RHI Refractories Liaoning 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* ........................................................................
* This
RHI Refractories Liaoning 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 ............................
................................................................................................
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
128.10
236.00
rate also applies to Liaoning Mayerton Refractories Co., Ltd. and Dalian Mayerton Refractories Co., Ltd.
With regard to the ITC negative
critical circumstances determination on
imports of the subject merchandise from
the PRC, we will instruct CBP to lift
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15:00 Sep 17, 2010
Jkt 220001
suspension and to release any bond or
other security, and refund any cash
deposit made, to secure the payment of
estimated antidumping duties with
PO 00000
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Fmt 4703
Sfmt 4703
respect to entries of the merchandise
entered, or withdrawn from warehouse,
for consumption on or after December
12, 2009 (i.e., 90 days prior to the date
E:\FR\FM\20SEN1.SGM
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Federal Register / Vol. 75, No. 181 / Monday, September 20, 2010 / Notices
of publication of the preliminary
determination in the Federal Register),
but before March 12, 2010.
This notice constitutes the
antidumping duty orders with respect to
MCB from Mexico and the PRC,
pursuant to section 736(a) of the Act.
Interested parties may contact the
Department’s Central Records Unit,
Room 7046 of the Main Commerce
Building, for copies of an updated list
of antidumping duty orders currently in
effect.
These orders are issued and
published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–23427 Filed 9–17–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XY54
Atlantic Highly Migratory Species;
Atlantic Shark Management Measures;
2011 Research Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of intent; request for
applications.
AGENCY:
NMFS announces its request
for applications for the 2011 shark
research fishery from commercial shark
fishermen with a directed or incidental
limited access permit. The shark
research fishery allows for the collection
of fishery-dependent data for future
stock assessments while also allowing
NMFS and commercial fishermen to
conduct cooperative research to meet
the shark research objectives for the
Agency. The only commercial vessels
authorized to land sandbar sharks are
those participating in the shark research
fishery. Shark research fishery
permittees may also land non-sandbar
large coastal sharks (LCS), small coastal
sharks (SCS), and pelagic sharks.
Commercial vessels not participating in
the shark research fishery may only land
only non-sandbar LCS, SCS, and pelagic
sharks. Commercial shark fishermen
who are interested in participating in
the shark research fishery need to
submit a completed Shark Research
Fishery Permit Application in order to
be considered.
jdjones on DSK8KYBLC1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:00 Sep 17, 2010
Jkt 220001
Shark Research Fishery
Applications must be received no later
than 5 p.m., local time, on October 20,
2010.
ADDRESSES: Please submit completed
applications to the HMS Management
Division at:
• Mail: Attn: Guy DuBeck, HMS
Management Division (F/SF1), NMFS,
1315 East-West Highway, Silver Spring,
MD 20910.
• Fax: (301) 713–1917
For copies of the Shark Research
Fishery Permit Application, please write
to the HMS Management Division at the
address listed above, or call (301) 713–
2347 (phone), or (301) 713–1917 (fax).
Copies of the Shark Research Fishery
Application are also available at the
HMS website at https://
www.nmfs.noaa.gov/sfa/hms/index.htm.
FOR FURTHER INFORMATION CONTACT:
Karyl Brewster-Geisz or Guy DuBeck, at
(301) 713–2347 (phone) or (301) 713–
1917 (fax).
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act). The Consolidated HMS Fishery
Management Plan (FMP) is
implemented by regulations at 50 CFR
part 635.
The final rule for Amendment 2 to the
Consolidated HMS FMP (73 FR 35778,
June 24, 2008, corrected at 73 FR 40658,
July 15, 2008) established, among other
things, a shark research fishery to
maintain time series data for stock
assessments and to meet NMFS’
research objectives. The shark research
fishery also allows selected commercial
fishermen the opportunity to earn
revenue from selling more sharks,
including sandbar sharks, than allowed
outside of the commercial shark fishery.
Only the commercial shark fishermen
selected to participate in the shark
research fishery are authorized to land/
harvest sandbar sharks subject to the
sandbar quota available each year. The
base quota is 87.9 mt dw per year
through December 31, 2012, although
this number may be reduced in the
event of overharvests, if any. The
selected shark research fishery
permittees will also have access to the
non-sandbar LCS, SCS, and pelagic
shark quotas. Commercial fishermen not
participating in the shark research
fishery may land non-sandbar LCS, SCS,
and pelagic sharks subject to retention
limits and quotas per 50 CFR 635.24 and
635.27, respectively.
The 2011 trip limits and number of
trips per month will depend on the
number of selected vessels, available
DATES:
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57259
quota, objectives of the research fishery,
and the actual vessels selected. The trip
limits and the number of trips taken
have changed each year the research
fishery has been active. Participants
may also be limited on the amount of
gear they can deploy on a given set (e.g.,
number of hooks, length of longline). In
2010, selected vessels fishing outside of
the Mid-Atlantic shark time/area closure
off the coast of North Carolina were
allowed a trip limit of 33 sandbar sharks
and 33 non-sandbar large coastal sharks.
Selected vessels fishing inside of the
Mid-Atlantic shark time/area closure off
the coast of North Carolina until July 31
were allowed a trip limit of 66 sandbar
sharks and 33 non-sandbar large coastal
sharks. The vessels participating in the
shark research fishery fished an average
of 1.5 trips per month.
In order to participate in the shark
research fishery, commercial shark
fishermen need to submit a completed
Shark Research Fishery Application
showing the vessel and owner(s) meet
the specific criteria outlined below.
Research Objectives
Each year, NMFS determines the
research objectives for the upcoming
shark research fishery. The research
objectives are developed by a shark
board, which is comprised of
representatives within NMFS, including
representatives from the Southeast
Fisheries Science Center (SEFSC)
Panama City Laboratory, Northeast
Fisheries Science Center (NEFSC)
Narragansett Laboratory, the Southeast
Regional Office, Protected Species
Division (SERO\PSD), and the HMS
Management Division. The research
objectives for 2011 are similar to the
research objectives for 2010, and the
shark board based them on the
Southeast Data, Assessment and Review
(SEDAR) 11, 2005/2006 LCS stock
assessment. The 2011 research
objectives are:
• Collect reproductive and age data
from sandbar sharks throughout the
calendar year;
• Collect reproductive and age data
for blacktip sharks for determination of
the reproductive cycle (i.e., annual or
biennial frequency);
• Collect reproductive and age data
from all species of sharks for additional
species-specific assessments;
• Monitor the size distribution of
sandbar sharks and other species
captured in the fishery;
• Continue on-going tagging
programs for identification of migration
corridors and stock structure;
• Maintain time-series of abundance
from previously derived indices for the
shark BLL observer program;
E:\FR\FM\20SEN1.SGM
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Agencies
[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57257-57259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23427]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-837, A-570-954]
Certain Magnesia Carbon Bricks From Mexico and the People's
Republic of China: Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on certain
magnesia carbon bricks (MCB) from Mexico and the People's Republic of
China (PRC). On September 8, 2010, the ITC notified the Department of
its affirmative determinations of material injury to a U.S. industry.
See Certain Magnesia Carbon Bricks from China and Mexico (Investigation
Nos. 701-TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4182,
September 2010).
DATES: Effective Date: September 20, 2010.
FOR FURTHER INFORMATION CONTACT: David Goldberger (Mexico) or Paul
Walker (PRC), AD/CVD Operations, Offices 2 and 9 respectively, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-4136 or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2010, the Department published its affirmative final
determinations of sales at less than fair value in the antidumping duty
investigations of MCB from Mexico and the PRC. See Certain Magnesia
Carbon Bricks from Mexico: Notice of Final Determination of Sales at
Less Than Fair Value, 75 FR 45097 (August 2, 2010); and Certain
Magnesia Carbon Bricks from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Critical
Circumstances, 75 FR 45468 (August 2, 2010) (MCB from the PRC Final).
On September 8, 2010, the ITC notified the Department of its final
determinations pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured by reason of less-than-fair-value imports of MCB from Mexico
and the PRC.\1\ See section 735(b)(1)(A)(i) of the Act. In addition,
the ITC notified the Department of its final determination that
critical circumstances do not exist with respect to imports of subject
merchandise from the PRC that are subject to the Department's
affirmative critical circumstances finding.\2\ Pursuant to section
736(a) of the Act, the Department is publishing antidumping duty orders
on the subject merchandise.
---------------------------------------------------------------------------
\1\ Because the vote of the ITC with respect to imports of MCB
from Mexico was evenly divided between an affirmative determination
of material injury and a negative determination, the Department is
treating this vote, for purposes of duty assessment, as an
affirmative finding of material injury consistent with section
771(11) of the Act. Likewise, because the vote of the ITC with
respect to imports of MCB from the PRC was evenly divided between a
determination of material injury and a determination of threat of
material injury, the Department is treating this vote, for purposes
of duty assessment, as an affirmative finding of material injury
consistent with section 771(11) of the Act.
\2\ Critical circumstances were not alleged with respect to
imports of subject merchandise from Mexico.
---------------------------------------------------------------------------
Scope of the Orders
The scope of these orders includes 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
antioxidants 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 magnesia carbon bricks that are
the subject of these orders 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.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months except
where exporters representing a significant proportion of exports of the
subject merchandise request the Department to extend that
[[Page 57258]]
four-month period to no more than six months. At the request of the
exporters that accounted for a significant proportion of exports of the
subject merchandise in the investigations of MCB from Mexico and the
PRC, we extended the four-month period to no more than six months. See
Certain Magnesia Carbon Bricks from Mexico: Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 75 FR 11517 (March 11, 2010) (MCB from Mexico
Prelim); and 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)
(MCB from the PRC Prelim).
In these investigations, the six-month period beginning on the date
of the publication of the preliminary determinations (i.e., March 11,
2010, for Mexico and March 12, 2010, for the PRC) will end on September
7, 2010, and September 8, 2010, respectively. Furthermore, section 737
of the Act states that definitive duties are to begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 733(d) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of MCB from Mexico and the PRC entered, or
withdrawn from warehouse, for consumption on or after September 7,
2010, for Mexico and September 8, 2010, for the PRC, and before the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on or after the
date of publication of the ITC's final injury determination in the
Federal Register.
Antidumping Duty Orders
On September 8, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determinations that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value
imports of MCB from Mexico and the PRC.
In accordance with section 736(a)(1) of the Act, the Department
will direct CBP to assess, upon further advice by the Department,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price or constructed export price of the
merchandise for all relevant entries of MCB from Mexico and the PRC.
These antidumping duties will be assessed on all unliquidated entries
of MCB entered from Mexico and the PRC, or withdrawn from warehouse,
for consumption on or after March 11, 2010 (Mexico), or March 12, 2010
(PRC), the date on which the Department published its notices of
preliminary determination in the Federal Register, but prior to
September 7, 2010 (Mexico), or September 8, 2010 (PRC). See MCB from
Mexico Prelim, 75 FR at 11521; and MCB from the PRC Prelim, 75 FR at
11848.
On or after the date of publication of the ITC's notice of final
determinations in the Federal Register, CBP, pursuant to section
736(a)(3) of the Act, will require, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
equal to the estimated dumping margins listed below. The estimated
dumping margins for imports of subject merchandise from the PRC will be
adjusted for export subsidies found in the final determination of the
companion countervailing duty investigation of this merchandise
imported from the PRC. See Certain Magnesia Carbon Bricks from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 75 FR 45472 (August 2, 2010). Specifically, for cash
deposit purposes, we are subtracting from the applicable cash deposit
rate that portion of the rate attributable to the export subsidies
found in the affirmative countervailing duty determination on MCB from
the PRC for respondent RHI Refractories Liaoning Co., Ltd. and for the
separate-rate companies, whose rate is the calculated rate received by
RHI Refractories Liaoning Co., Ltd. See MCB from the PRC Final, 75 FR
at 45471.
------------------------------------------------------------------------
Exporter Producer Margin
------------------------------------------------------------------------
Mexico
------------------------------------------------------------------------
RHI-Refmex S.A. de C.V......... RHI-Refmex S.A. de C.V. 57.90
All Others..................... ....................... 57.90
------------------------------------------------------------------------
PRC
------------------------------------------------------------------------
RHI Refractories Liaoning Co., RHI Refractories 128.10
Ltd. Liaoning Co., Ltd.
Dashiqiao City Guancheng Dashiqiao City 128.10
Refractor Co., Ltd. Guancheng Refractor
Co., Ltd.
Fengchi Imp. And Exp. Co., Ltd. Fengchi Refractories 128.10
Of Haicheng City. Co., of Haicheng City.
Jiangsu Sujia Group New Jiangsu Sujia Group New 128.10
Materials Co. Ltd. Materials Co. Ltd.
Liaoning Fucheng Refractories Liaoning Fucheng 128.10
Group Co., Ltd. Refractories Group
Co., Ltd.
Liaoning Fucheng Special Liaoning Fucheng 128.10
Refractory Co., Ltd. Special Refractory
Co., Ltd.
Liaoning Jiayi Metals & Liaoning Jiayi Metals & 128.10
Minerals Co., Ltd. Minerals Co., Ltd.
Yingkou Bayuquan Refractories Yingkou Bayuquan 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou Dalmond Refractories Yingkou Dalmond 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou Guangyang Co., Ltd..... Yingkou Guangyang Co., 128.10
Ltd.
Yingkou Jiahe Refractories Co., Yingkou Jiahe 128.10
Ltd. Refractories Co., Ltd.
Yingkou Kyushu Refractories Yingkou Kyushu 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou New Century Yingkou New Century 128.10
Refractories Ltd. Refractories Ltd.
Yingkou Wonjin Refractory Yingkou Wonjin 128.10
Material Co., Ltd. Refractory Material
Co., Ltd.
PRC-wide Entity*............... ....................... 236.00
------------------------------------------------------------------------
\*\ This rate also applies to Liaoning Mayerton Refractories Co., Ltd.
and Dalian Mayerton Refractories Co., Ltd.
With regard to the ITC negative critical circumstances
determination on imports of the subject merchandise from the PRC, we
will instruct CBP to lift suspension and to release any bond or other
security, and refund any cash deposit made, to secure the payment of
estimated antidumping duties with respect to entries of the merchandise
entered, or withdrawn from warehouse, for consumption on or after
December 12, 2009 (i.e., 90 days prior to the date
[[Page 57259]]
of publication of the preliminary determination in the Federal
Register), but before March 12, 2010.
This notice constitutes the antidumping duty orders with respect to
MCB from Mexico and the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7046 of the Main Commerce Building, for copies of an updated list
of antidumping duty orders currently in effect.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23427 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-DS-P