Certain Magnesia Carbon Bricks From the People's Republic of China: 2010 Countervailing Duty Administrative Review, 61397-61399 [2012-24803]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
inference in selecting from among the
facts otherwise available. See sections
776(a) and (b) of the Act.
For a full description of the
methodology underlying our
conclusions, please see ‘‘Decision
Memorandum for Preliminary Results
for the Countervailing Duty
Administrative Review of Kitchen
Appliance Shelving and Racks from the
People’s Republic of China,’’
(‘‘Preliminary Decision Memorandum’’)
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for Import
Administration, dated October 1, 2012,
and hereby adopted by this notice. The
Preliminary 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 https://
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. In
addition, a complete version of the
Preliminary Decision Memorandum can
be accessed directly on the internet at
https://www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of the Review
As a result of this review, we
preliminarily determine a net subsidy
rate of 12.06 percent for New King Shan
(Zhu Hai) Co. Ltd. for the period January
1, 2010, through December 31, 2010.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Disclosure and Public Comment
The Department will disclose to
parties to this proceeding the
calculations performed in reaching the
preliminary results within five days of
the date of publication of these
preliminary results.1 Interested parties
may submit written comments (case
briefs) within 30 days of publication of
the preliminary results and rebuttal
comments (rebuttal briefs) within five
days after the time limit for filing case
briefs.2 Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) A statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.
1 See
2 See
19 CFR 351.224(b).
19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
Interested parties, who wish to
request a hearing, or to participate if one
is requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce within 30 days after the
date of publication of this notice.3
Requests should contain the party’s
name, address, and telephone number,
the number of participants, and a list of
the issues to be discussed. If a request
for a hearing is made, we will inform
parties of the scheduled date for the
hearing which will be held at the U.S.
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230, at a time and
location to be determined.4 Parties
should confirm by telephone the date,
time, and location of the hearing.
Parties are reminded that briefs and
hearing requests are to be filed
electronically using IA ACCESS and
that electronically filed documents must
be received successfully in their entirety
by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended
pursuant to section 751(a)(3)(A) of the
Act, the Department will issue the final
results of this administrative review,
including the results of our analysis of
the issues raised by the parties in their
comments, within 120 days after
issuance of these preliminary results.
Cash Deposit Instructions
The Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties in the
amounts shown above. For all nonreviewed firms, we will instruct CBP to
continue to collect cash deposits of
estimated countervailing duties at the
most recent company-specific or allothers rate applicable to the company.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Background
2. Scope of the Order
3. Use of Facts Otherwise Available and
Adverse Inferences
4. Subsidies Valuation Information
3 See
4 See
PO 00000
19 CFR 351.310(c).
19 CFR 351.310.
Frm 00020
Fmt 4703
Sfmt 4703
61397
5. Analysis of Programs
[FR Doc. 2012–24850 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–955]
Certain Magnesia Carbon Bricks From
the People’s Republic of China: 2010
Countervailing Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from
interested parties, the Department of
Commerce (the Department) is
conducting an administrative review of
the countervailing duty order on certain
magnesia carbon bricks (MCBs) from the
People’s Republic of China (PRC),
covering the period of review (POR) of
August 2, 2010, through December 31,
2010. The Department has preliminarily
applied adverse facts available (AFA) to
the two mandatory respondents who
both failed to cooperate to the best of
their ability in this proceeding. The
Department also intends to rescind the
review of seven companies that certified
that they had no shipments of subject
merchandise to the United States during
the POR.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Toni
Page or Elfi Blum, AD/CVD Operations,
Office 6, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1398 or (202) 482–0197,
respectively.
AGENCY:
Scope of the Order
The merchandise subject to the order
includes certain magnesia carbon bricks.
Certain magnesia carbon bricks that are
the subject of this order 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).
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description, available in Certain
Magnesia Carbon Bricks from the
People’s Republic of China:
Countervailing Duty Order, 75 FR 57442
(September 21, 2010), remains
dispositive.
E:\FR\FM\09OCN1.SGM
09OCN1
61398
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
Partial Rescission of the Administrative
Review
wreier-aviles on DSK5TPTVN1PROD with NOTICES
On September 30, 2011, we received
timely requests for an administrative
review of this countervailing duty order
from Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City and Fengchi Refractories
Co., of Haicheng City (collectively,
Fengchi), and U.S. importer Vesuvius
USA Corporation for subject
merchandise it imported from PRC
exporter, Yingkou Bayuquan
Refractories Co., Ltd. (BRC).1 Also, on
September 30, 2011, the Department
received a timely request, in accordance
with 19 CFR 351.213(b), for an
administrative review of 129 companies
from Resco Products, Inc. (Petitioner).2
The Petitioner’s request included
Fengchi and BRC. On October 31, 2011,
the Department published a notice of
initiation of administrative review.3
Fengchi and BRC timely withdrew their
self-request for reviews on January 27,
2012, and January 30, 2012,
respectively.4 On February 21, 2012, we
selected Fengchi and BRC as mandatory
respondents in this review.5 Petitioner
filed a letter on March 28, 2012,
untimely withdrawing its request for all
companies, except the two mandatory
respondent companies (Fengchi and
BRC), for which it requested reviews.6
1 See Letter to the Department from Fengchi
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China: Request for Administrative
Review of Countervailing Duty Order (8/2/10–12/
31/10)’’ Re: Review Initiation Request, dated
September 30, 2011; see also Letter to the
Department from BRC ‘‘Certain Magnesia Carbon
Bricks from the People’s Republic of China: Request
for Administrative Review of Countervailing Duty
Order (8/2/10–12/31/10),’’ dated September 30,
2011.
2 See Letter to the Department from Petitioner
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China: Countervailing Duty
Administrative Review’’ Re: Review Initiation
Request, dated September 30, 2011.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 76 FR 67133
(October 31, 2011) (Initiation Notice).
4 See Letter to the Department from Fengchi
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China: Withdrawal of Request for CVD
Administrative Review (08/02/10–12/31/10),’’ dated
January 27, 2012; see also Letter to the Department
from BRC ‘‘Certain Magnesia Carbon Bricks from
the People’s Republic of China: Withdrawal of
Request for CVD Administrative Review (08/02/10–
12/31/10),’’ dated January 30, 2012.
5 See Memorandum to Barbara E. Tillman,
Director, AD/CVD Operations, Office 6,
‘‘Administrative Review of the Countervailing Duty
Order on Certain Magnesia Carbon Bricks (MCBs)
from the People’s Republic of China: Respondent
Selection Memorandum,’’ dated February 21, 2012.
6 See Letter to the Department from Petitioner
‘‘Administrative Review of Countervailing Duty
Orders on Certain Magnesia Carbon Bricks from the
People’s Republic of China (8/2/2010–12/31/2010):
Withdrawal of Request for Review,’’ dated March
28, 2012.
VerDate Mar<15>2010
15:28 Oct 05, 2012
Jkt 229001
Pursuant to section 351.213(d)(1) of
the Department’s regulations, a party
that has requested a review may
withdraw that request within 90 days of
the date of publication of the notice of
initiation of the requested review.7 The
regulation provides that the Department
may extend this time if it is reasonable
to do so.8 In the Initiation Notice,
interested parties were advised that,
with regard to reviews requested on the
basis of anniversary months on or after
August 2011, the Department does not
intend to extend the 90-day deadline
unless the requestor demonstrates that
an extraordinary circumstance has
prevented it from submitting a timely
withdrawal request.9 Determinations by
the Department to extend the 90-day
deadline will be made on a case-by-case
basis. Because Petitioner did not
demonstrate that extraordinary
circumstances prevented it from timely
withdrawing its requests for review, the
Department has rejected Petitioner’s
untimely request for withdrawal.
Pursuant to 19 CFR 351.213(d)(3), the
Department may rescind a review where
there are no exports, sales, or entries of
subject merchandise during the
respective POR. In the Initiation Notice,
the Department stated that any company
named in the notice of initiation that
had no exports, sales, or entries during
the period of review should notify the
Department within 60 days of
publication of the notice in the Federal
Register.10
The Department subsequently
received timely no shipment
certifications from the following
companies: ANH (Xinyi) Refractories
(ANH); 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. (RHI
companies); Fengchi; and Yingkou New
Century Refractories Ltd.(NCR).11 With
the exception of Fengchi, because there
7 See
also Initiation Notice at 67133.
19 CFR 351.213(d)(1).
9 See Initiation Notice, 76 FR at 67133.
10 See Id.
11 See Letter to the Department from ANH
‘‘Administrative Review of Countervailing Duty
Order on Magnesia Carbon Bricks from the People’s
Republic of China: Notification of No Shipments
During the Period of Review,’’ dated November 29,
2011; see also Letter to the Department from RHI
‘‘Magnesia Carbon Bricks from China: Rebuttal
Comments on CBP Data,’’ dated December 13, 2011;
see also Letter to the Department from Fengchi
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China, Case No. C–570–955:
Certification of No Shipments,’’ dated December 20,
2011; see also Letter to the Department from NCR
‘‘Administrative Review of Countervailing Duty
Order on Magnesia Carbon Bricks from the People’s
Republic of China: Notification of No Shipments
During the Period of Review,’’ dated December 23,
2011.
8 See
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
is no evidence on the record to indicate
that these companies had sales of
subject merchandise during the POR,
pursuant to 19 CFR 351.213(d)(3), the
Department intends to rescind the
review with respect to ANH, the five
RHI companies, and NCR. A final
decision regarding whether to rescind
the review with respect to these
companies will be made in the final
results of this review. Information on
the record shows that Fengchi did have
sales of subject merchandise during the
POR.12 Therefore, we are not rescinding
the review with respect to Fengchi.
Methodology
The Department has conducted this
review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as
amended (the Act). For each of the
subsidy programs under review, we
preliminarily determine that there are
countervailable subsidies, i.e., there is a
government-provided financial
contribution that gives rise to a benefit
to the recipient, and that the subsidy is
specific. See sections 771(5)(B) and (D)
of the Act regarding financial
contribution; section 771(5)(E) of the
Act regarding benefit; and, section
771(5A) of the Act regarding specificity.
In making these findings, we have relied
on adverse facts available for the two
mandatory respondents because these
respondents did not act to the best of
their ability to respond to the
Department’s requests for information;
as such, we have drawn an adverse
inference in selecting from among the
facts otherwise available. See sections
776(a) and (b) of the Act. With respect
to the remaining companies for which
we initiated reviews and that did not
file no-shipment certifications, we will
assign to entries made by such
companies the all-others rate from the
investigation. Accordingly, and
consistent with section 705(c)(5)(A)(ii),
we have relied upon the all-others rate
from the investigation because the rates
calculated for mandatory respondents in
the preliminary results of this review
are based entirely upon facts available.
We consider the use of the all-others
rate from the investigation, which was
based upon a calculated rate for one of
the mandatory respondents in the
investigation, to be a ‘‘reasonable
method’’ for calculating the all-others
rate because it represents the only rate
in the history of the CVD order on MCBs
from the PRC that is not zero, de
12 See Memorandum to the File ‘‘Certain
Magnesia Carbon Bricks from the People’s Republic
of China: Customs Data of U.S. Imports of Certain
Magnesia Carbon Bricks,’’ dated November 22,
2011.
E:\FR\FM\09OCN1.SGM
09OCN1
Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices
minimis, or based entirely upon facts
available.
For a full description of the
methodology underlying our
conclusions, please see ‘‘Decision
Memorandum for Preliminary Results
for the Countervailing Duty
Administrative Review of Certain
Magnesia Carbon Bricks from the
People’s Republic of China,’’
(Preliminary Decision Memorandum) to
Paul Piquado, Assistant Secretary for
Import Administration, from Christian
Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations, dated concurrently with
these results and hereby adopted by this
notice. The Preliminary 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 https://iaaccess.trade.gov and in
the Central Records Unit (CRU), room
7046 of the main Department of
Commerce building. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly on the Internet at https://
www.trade.gov/ia/. The signed
Preliminary Decision Memorandum and
the electronic versions of the
Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We preliminarily determine that the
following margins exist for the period
August 2, 2010, through December 31,
2010:
Company
Ad valorem
net subsidy rate
(percent)
wreier-aviles on DSK5TPTVN1PROD with NOTICES
Fengchi Imp. and Exp.
Co., Ltd. of Haicheng
City and Fengchi Refractories Co., of
Haicheng City (collectively, Fengchi) ............
Yingkou Bayuquan Refractories Co. Ltd. .......
All Others Rate Applicable to the Remaining
Companies Under Review .............................
preliminary results and may submit case
briefs and/or written comments within
30 days of the date of publication of this
notice, unless otherwise notified by the
Department.14 Rebuttal briefs, limited to
issues raised in the case briefs, will be
due five days later, pursuant to 19 CFR
351.309(d)(1). Pursuant to 19 CFR
351.309(d)(2), rebuttal briefs must be
limited to issues raised in the case
briefs. Parties who submit arguments are
requested to submit with the argument:
(1) a statement of the issue; (2) a brief
summary of the argument; and (3) a
table of authorities.15
Interested parties who wish to request
a hearing or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
IA ACCESS. An electronically filed
document must be received successfully
in its entirety by the Department’s
electronic records system, IA ACCESS,
by 5 p.m. Eastern Standard Time within
30 days after the date of publication of
this notice.16 Requests should contain
the party’s name, address, and
telephone number, the number of
participants, and a list of the issues to
be discussed. If a request for a hearing
is made, we will inform parties of the
scheduled date for the hearing which
will be held at the U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230, at
a time and location to be determined.17
Parties should confirm by telephone the
date, time, and location of the hearing.
Unless the deadline is extended
pursuant to section 751(a)(2)(B)(iv) of
the Act, the Department will issue the
final results of this administrative
review, including the results of our
analysis of the issues raised by the
parties in their comments, within 120
days after issuance of these preliminary
results.
Assessment Rates and Cash Deposit
Requirements
In accordance with 19 CFR
262.80 351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject
to this administrative review. Upon
24.24 issuing the final results of the review,
the Department shall determine, and
U.S. Customs and Border Protection
Disclosure and Public Comment
(CBP) shall assess, countervailing duties
The Department will disclose to
on all appropriate entries covered by
parties to this proceeding the
this review if any individual assessment
calculations performed in reaching the
rate calculated in the final results of this
preliminary results within five days of
review is above de minimis. For the
the date of publication of these
13 Interested parties
preliminary results.
14 See 19 CFR 351.309(c)(1)(ii).
15 See 19 CFR 351.309(c)(2), (d)(2).
are invited to comment on the
262.80
16 See
13 See
19 CFR 351.224(b).
VerDate Mar<15>2010
15:28 Oct 05, 2012
17 See
Jkt 229001
PO 00000
19 CFR 351.310(c).
19 CFR 351.310.
Frm 00022
Fmt 4703
Sfmt 4703
61399
companies that certified no shipments,
the Department will instruct CBP to
assess countervailing duties at the rate
entered. The Department intends to
issue assessment instructions to CBP 15
days after the date of publication of the
final results of review.
Pursuant to section 751(a)(2)(C) of the
Act, the Department also intends to
instruct CBP to collect cash deposits of
estimated countervailing duties at the
rate of 262.80 percent ad valorem of the
entered value on shipments of the
subject merchandise produced and
exported by Fengchi and BRC, and
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
review. Furthermore, for the remaining
companies subject to this review, the
cash deposit rate will be the all others
rate from the investigation. We intend to
instruct CBP to continue to collect cash
deposits for non-reviewed companies at
the applicable company-specific
countervailing duty rate for the most
recent period or at the all-others rate
established in the investigation, as
appropriate. These deposit rates, when
imposed, shall remain in effect until
further notice.
These preliminary results are issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.221(b)(4).
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
Appendix I
List of Topics Discussed in the Decision
Memorandum for Preliminary Results
1.
2.
3.
4.
5.
Summary
Background
Scope of the Order
Discussion of the Methodology
Conclusion
[FR Doc. 2012–24803 Filed 10–5–12; 8:45 am]
BILLING CODE 3510–DS–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Sunshine Act Meeting Notice
The National Civilian Community
Corps Advisory Board gives notice of
the following meeting:
DATE AND TIME: Tuesday, October 16,
2012, 2:30 p.m.–4 p.m.
PLACE: Conference room #8312, 8th
floor, Corporation for National and
Community Service Headquarters, 1201
New York Avenue NW., Washington,
DC 20525.
E:\FR\FM\09OCN1.SGM
09OCN1
]]>Agencies
[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61397-61399]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24803]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: 2010 Countervailing Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: In response to requests from interested parties, the
Department of Commerce (the Department) is conducting an administrative
review of the countervailing duty order on certain magnesia carbon
bricks (MCBs) from the People's Republic of China (PRC), covering the
period of review (POR) of August 2, 2010, through December 31, 2010.
The Department has preliminarily applied adverse facts available (AFA)
to the two mandatory respondents who both failed to cooperate to the
best of their ability in this proceeding. The Department also intends
to rescind the review of seven companies that certified that they had
no shipments of subject merchandise to the United States during the
POR.
DATES: Effective Date: October 9, 2012.
FOR FURTHER INFORMATION CONTACT: Toni Page or Elfi Blum, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
1398 or (202) 482-0197, respectively.
Scope of the Order
The merchandise subject to the order includes certain magnesia
carbon bricks. Certain magnesia carbon bricks that are the subject of
this order 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). Although the
HTSUS numbers are provided for convenience and customs purposes, the
written product description, available in Certain Magnesia Carbon
Bricks from the People's Republic of China: Countervailing Duty Order,
75 FR 57442 (September 21, 2010), remains dispositive.
[[Page 61398]]
Partial Rescission of the Administrative Review
On September 30, 2011, we received timely requests for an
administrative review of this countervailing duty order from Fengchi
Imp. and Exp. Co., Ltd. of Haicheng City and Fengchi Refractories Co.,
of Haicheng City (collectively, Fengchi), and U.S. importer Vesuvius
USA Corporation for subject merchandise it imported from PRC exporter,
Yingkou Bayuquan Refractories Co., Ltd. (BRC).\1\ Also, on September
30, 2011, the Department received a timely request, in accordance with
19 CFR 351.213(b), for an administrative review of 129 companies from
Resco Products, Inc. (Petitioner).\2\ The Petitioner's request included
Fengchi and BRC. On October 31, 2011, the Department published a notice
of initiation of administrative review.\3\ Fengchi and BRC timely
withdrew their self-request for reviews on January 27, 2012, and
January 30, 2012, respectively.\4\ On February 21, 2012, we selected
Fengchi and BRC as mandatory respondents in this review.\5\ Petitioner
filed a letter on March 28, 2012, untimely withdrawing its request for
all companies, except the two mandatory respondent companies (Fengchi
and BRC), for which it requested reviews.\6\
---------------------------------------------------------------------------
\1\ See Letter to the Department from Fengchi ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Request for
Administrative Review of Countervailing Duty Order (8/2/10-12/31/
10)'' Re: Review Initiation Request, dated September 30, 2011; see
also Letter to the Department from BRC ``Certain Magnesia Carbon
Bricks from the People's Republic of China: Request for
Administrative Review of Countervailing Duty Order (8/2/10-12/31/
10),'' dated September 30, 2011.
\2\ See Letter to the Department from Petitioner ``Certain
Magnesia Carbon Bricks from the People's Republic of China:
Countervailing Duty Administrative Review'' Re: Review Initiation
Request, dated September 30, 2011.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Requests for Revocation in Part, 76 FR
67133 (October 31, 2011) (Initiation Notice).
\4\ See Letter to the Department from Fengchi ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Withdrawal of
Request for CVD Administrative Review (08/02/10-12/31/10),'' dated
January 27, 2012; see also Letter to the Department from BRC
``Certain Magnesia Carbon Bricks from the People's Republic of
China: Withdrawal of Request for CVD Administrative Review (08/02/
10-12/31/10),'' dated January 30, 2012.
\5\ See Memorandum to Barbara E. Tillman, Director, AD/CVD
Operations, Office 6, ``Administrative Review of the Countervailing
Duty Order on Certain Magnesia Carbon Bricks (MCBs) from the
People's Republic of China: Respondent Selection Memorandum,'' dated
February 21, 2012.
\6\ See Letter to the Department from Petitioner
``Administrative Review of Countervailing Duty Orders on Certain
Magnesia Carbon Bricks from the People's Republic of China (8/2/
2010-12/31/2010): Withdrawal of Request for Review,'' dated March
28, 2012.
---------------------------------------------------------------------------
Pursuant to section 351.213(d)(1) of the Department's regulations,
a party that has requested a review may withdraw that request within 90
days of the date of publication of the notice of initiation of the
requested review.\7\ The regulation provides that the Department may
extend this time if it is reasonable to do so.\8\ In the Initiation
Notice, interested parties were advised that, with regard to reviews
requested on the basis of anniversary months on or after August 2011,
the Department does not intend to extend the 90-day deadline unless the
requestor demonstrates that an extraordinary circumstance has prevented
it from submitting a timely withdrawal request.\9\ Determinations by
the Department to extend the 90-day deadline will be made on a case-by-
case basis. Because Petitioner did not demonstrate that extraordinary
circumstances prevented it from timely withdrawing its requests for
review, the Department has rejected Petitioner's untimely request for
withdrawal.
---------------------------------------------------------------------------
\7\ See also Initiation Notice at 67133.
\8\ See 19 CFR 351.213(d)(1).
\9\ See Initiation Notice, 76 FR at 67133.
---------------------------------------------------------------------------
Pursuant to 19 CFR 351.213(d)(3), the Department may rescind a
review where there are no exports, sales, or entries of subject
merchandise during the respective POR. In the Initiation Notice, the
Department stated that any company named in the notice of initiation
that had no exports, sales, or entries during the period of review
should notify the Department within 60 days of publication of the
notice in the Federal Register.\10\
---------------------------------------------------------------------------
\10\ See Id.
---------------------------------------------------------------------------
The Department subsequently received timely no shipment
certifications from the following companies: ANH (Xinyi) Refractories
(ANH); 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. (RHI companies);
Fengchi; and Yingkou New Century Refractories Ltd.(NCR).\11\ With the
exception of Fengchi, because there is no evidence on the record to
indicate that these companies had sales of subject merchandise during
the POR, pursuant to 19 CFR 351.213(d)(3), the Department intends to
rescind the review with respect to ANH, the five RHI companies, and
NCR. A final decision regarding whether to rescind the review with
respect to these companies will be made in the final results of this
review. Information on the record shows that Fengchi did have sales of
subject merchandise during the POR.\12\ Therefore, we are not
rescinding the review with respect to Fengchi.
---------------------------------------------------------------------------
\11\ See Letter to the Department from ANH ``Administrative
Review of Countervailing Duty Order on Magnesia Carbon Bricks from
the People's Republic of China: Notification of No Shipments During
the Period of Review,'' dated November 29, 2011; see also Letter to
the Department from RHI ``Magnesia Carbon Bricks from China:
Rebuttal Comments on CBP Data,'' dated December 13, 2011; see also
Letter to the Department from Fengchi ``Certain Magnesia Carbon
Bricks from the People's Republic of China, Case No. C-570-955:
Certification of No Shipments,'' dated December 20, 2011; see also
Letter to the Department from NCR ``Administrative Review of
Countervailing Duty Order on Magnesia Carbon Bricks from the
People's Republic of China: Notification of No Shipments During the
Period of Review,'' dated December 23, 2011.
\12\ See Memorandum to the File ``Certain Magnesia Carbon Bricks
from the People's Republic of China: Customs Data of U.S. Imports of
Certain Magnesia Carbon Bricks,'' dated November 22, 2011.
---------------------------------------------------------------------------
Methodology
The Department has conducted this review in accordance with section
751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each
of the subsidy programs under review, we preliminarily determine that
there are countervailable subsidies, i.e., there is a government-
provided financial contribution that gives rise to a benefit to the
recipient, and that the subsidy is specific. See sections 771(5)(B) and
(D) of the Act regarding financial contribution; section 771(5)(E) of
the Act regarding benefit; and, section 771(5A) of the Act regarding
specificity. In making these findings, we have relied on adverse facts
available for the two mandatory respondents because these respondents
did not act to the best of their ability to respond to the Department's
requests for information; as such, we have drawn an adverse inference
in selecting from among the facts otherwise available. See sections
776(a) and (b) of the Act. With respect to the remaining companies for
which we initiated reviews and that did not file no-shipment
certifications, we will assign to entries made by such companies the
all-others rate from the investigation. Accordingly, and consistent
with section 705(c)(5)(A)(ii), we have relied upon the all-others rate
from the investigation because the rates calculated for mandatory
respondents in the preliminary results of this review are based
entirely upon facts available. We consider the use of the all-others
rate from the investigation, which was based upon a calculated rate for
one of the mandatory respondents in the investigation, to be a
``reasonable method'' for calculating the all-others rate because it
represents the only rate in the history of the CVD order on MCBs from
the PRC that is not zero, de
[[Page 61399]]
minimis, or based entirely upon facts available.
For a full description of the methodology underlying our
conclusions, please see ``Decision Memorandum for Preliminary Results
for the Countervailing Duty Administrative Review of Certain Magnesia
Carbon Bricks from the People's Republic of China,'' (Preliminary
Decision Memorandum) to Paul Piquado, Assistant Secretary for Import
Administration, from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, dated concurrently with
these results and hereby adopted by this notice. The Preliminary
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 https://iaaccess.trade.gov and in the
Central Records Unit (CRU), room 7046 of the main Department of
Commerce building. In addition, a complete version of the Preliminary
Decision Memorandum can be accessed directly on the Internet at https://www.trade.gov/ia/. The signed Preliminary Decision Memorandum and the
electronic versions of the Preliminary Decision Memorandum are
identical in content.
Preliminary Results of Review
We preliminarily determine that the following margins exist for the
period August 2, 2010, through December 31, 2010:
------------------------------------------------------------------------
Ad valorem net
Company subsidy rate
(percent)
------------------------------------------------------------------------
Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and 262.80
Fengchi Refractories Co., of Haicheng City
(collectively, Fengchi).............................
Yingkou Bayuquan Refractories Co. Ltd................ 262.80
All Others Rate Applicable to the Remaining Companies 24.24
Under Review........................................
------------------------------------------------------------------------
Disclosure and Public Comment
The Department will disclose to parties to this proceeding the
calculations performed in reaching the preliminary results within five
days of the date of publication of these preliminary results.\13\
Interested parties are invited to comment on the preliminary results
and may submit case briefs and/or written comments within 30 days of
the date of publication of this notice, unless otherwise notified by
the Department.\14\ Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days later, pursuant to 19 CFR
351.309(d)(1). Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must
be limited to issues raised in the case briefs. Parties who submit
arguments are requested to submit with the argument: (1) a statement of
the issue; (2) a brief summary of the argument; and (3) a table of
authorities.\15\
---------------------------------------------------------------------------
\13\ See 19 CFR 351.224(b).
\14\ See 19 CFR 351.309(c)(1)(ii).
\15\ See 19 CFR 351.309(c)(2), (d)(2).
---------------------------------------------------------------------------
Interested parties who wish to request a hearing or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Import Administration, U.S. Department of Commerce, filed
electronically using IA ACCESS. An electronically filed document must
be received successfully in its entirety by the Department's electronic
records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30
days after the date of publication of this notice.\16\ Requests should
contain the party's name, address, and telephone number, the number of
participants, and a list of the issues to be discussed. If a request
for a hearing is made, we will inform parties of the scheduled date for
the hearing which will be held at the U.S. Department of Commerce, 14th
Street and Constitution Avenue NW., Washington, DC 20230, at a time and
location to be determined.\17\ Parties should confirm by telephone the
date, time, and location of the hearing.
---------------------------------------------------------------------------
\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 351.310.
---------------------------------------------------------------------------
Unless the deadline is extended pursuant to section
751(a)(2)(B)(iv) of the Act, the Department will issue the final
results of this administrative review, including the results of our
analysis of the issues raised by the parties in their comments, within
120 days after issuance of these preliminary results.
Assessment Rates and Cash Deposit Requirements
In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy
rate for each producer/exporter subject to this administrative review.
Upon issuing the final results of the review, the Department shall
determine, and U.S. Customs and Border Protection (CBP) shall assess,
countervailing duties on all appropriate entries covered by this review
if any individual assessment rate calculated in the final results of
this review is above de minimis. For the companies that certified no
shipments, the Department will instruct CBP to assess countervailing
duties at the rate entered. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of review.
Pursuant to section 751(a)(2)(C) of the Act, the Department also
intends to instruct CBP to collect cash deposits of estimated
countervailing duties at the rate of 262.80 percent ad valorem of the
entered value on shipments of the subject merchandise produced and
exported by Fengchi and BRC, and entered, or withdrawn from warehouse,
for consumption on or after the date of publication of the final
results of this review. Furthermore, for the remaining companies
subject to this review, the cash deposit rate will be the all others
rate from the investigation. We intend to instruct CBP to continue to
collect cash deposits for non-reviewed companies at the applicable
company-specific countervailing duty rate for the most recent period or
at the all-others rate established in the investigation, as
appropriate. These deposit rates, when imposed, shall remain in effect
until further notice.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
Appendix I
List of Topics Discussed in the Decision Memorandum for Preliminary
Results
1. Summary
2. Background
3. Scope of the Order
4. Discussion of the Methodology
5. Conclusion
[FR Doc. 2012-24803 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P
