Certain Magnesia Carbon Bricks From the People's Republic of China: Antidumping Duty Administrative Review; 2010-2011, 61394-61396 [2012-24811]

Download as PDF 61394 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices rate was calculated based on information contained in the petition, which was corroborated for the final determination.20 This rate was also applied in the 2007–2008 period of review of lined paper products from the PRC and the CIT found this PRC-wide rate to be corroborated.21 No additional information has been presented in the current review which calls into question the reliability of the information.22 Therefore, the Department finds that the information continues to be reliable and has probative value. In addition, the AFA rate we are applying is the rate currently in effect for the PRC-wide entity.23 Final Results of Review We determine that the following margin exists for the period September 1, 2010, through August 31, 2011: wreier-aviles on DSK5TPTVN1PROD with NOTICES Exporter Weightedaverage margin (percent) withdrawn from warehouse, for consumption on or after the date of publication, as provided by section 751(a)(2)(C) of the Act: (1) For previously reviewed or investigated companies not listed above that have separate rates, the cash-deposit rate will continue to be the company-specific rate published for the most recent period; (2) for all other PRC exporters of subject merchandise, which have not been found to be entitled to a separate rate, the cash-deposit rate will be PRC-wide rate of 258.21 percent; and (3) for all non-PRC exporters of subject merchandise, the cash-deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a PRC-wide Entity (including certificate regarding the reimbursement Leo/Denmax) ..................... 258.21 of antidumping duties prior to liquidation of the relevant entries Assessment Rates during this review period. Failure to Pursuant to section 751(a)(2)(A) of the comply with this requirement could Act and 19 CFR 351.212(b)(1), the result in the Secretary’s presumption Department will determine, and CBP that reimbursement of antidumping shall assess, antidumping duties on all duties occurred and the subsequent appropriate entries covered by this assessment of double antidumping review. The Department intends to issue duties. assessment instructions to CBP 15 days after the publication date of the final Notification Regarding APOs results of this review. We will instruct This notice also serves as a reminder CBP to liquidate all appropriate entries to parties subject to administrative at the PRC-wide rate of 258.21 percent. protective orders (‘‘APO’’) of their Cash Deposit Requirements responsibility concerning the return or The following cash deposit destruction of proprietary information requirements will be effective upon disclosed under APO in accordance publication of the notice of final results with 19 CFR 351.305, which continues of the administrative review for all to govern business proprietary shipments of certain lined paper information in this segment of the products from the PRC entered, or proceeding. Timely written notification of the return/destruction of APO 20 See Notice of Amended Final Determination of materials or conversion to judicial Sales at Less Than Fair Value: Certain Lined Paper protective order is hereby requested. Products from the People’s Republic of China; Notice of Antidumping Duty Orders: Certain Lined Failure to comply with the regulations Paper Products from India, Indonesia and the and terms of an APO is a violation People’s Republic of China; and Notice of which is subject to sanction. Countervailing Duty Orders: Certain Lined Paper Products from India and Indonesia, 71 FR 56949 This notice is issued and published in (September 28, 2006). accordance with sections 751(a)(1) and 21 See Watanabe Group v. United States, Court 777(i)(1) of the Act, as amended, and 19 No. 09–520, Slip Op. 2010–139 (CIT Dec. 22, 2010), affirming Final Results in Certain Lined Paper CFR 351.213(d)(4). Products from the People’s Republic of China: Notice of Final Results of the Antidumping Duty Administrative Review, 74 FR 63387 (December 3, 2009). 22 See Certain Lined Paper Products from the People’s Republic of China: Notice of Final Results of the Antidumping Duty Administrative Review, 76 FR 23288 (April 26, 2011). 23 Id. VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 Dated: October 1, 2012. Paul Piquado, Assistant Secretary for Import Administration. [FR Doc. 2012–24813 Filed 10–5–12; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–570–954] Certain Magnesia Carbon Bricks From the People’s Republic of China: Antidumping Duty Administrative Review; 2010–2011 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to requests from interested parties, the Department of Commerce (‘‘Department’’) is conducting the administrative review of the antidumping duty order on certain magnesia carbon bricks from the People’s Republic of China (‘‘PRC’’), covering the period of review (‘‘POR’’) of March 12, 2010, through August 31, 2011. 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: Jerry Huang, AD/CVD Operations, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–4047. 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 Mexico and the People’s Republic of China: Antidumping Duty Orders, 75 FR 57257 (September 20, 2010), remains dispositive. Preliminary Partial Rescission of Administrative Review Pursuant to 19 CFR 351.213(d)(3), we have preliminarily determined that ANH (Xinyi) Refractories (‘‘ANH’’), Yingkou New Century Refractories Ltd. (‘‘Yingkou New Century’’), and RHI- E:\FR\FM\09OCN1.SGM 09OCN1 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices wreier-aviles on DSK5TPTVN1PROD with NOTICES Refractories Asia Pacific Pte. Ltd., RHI Refractories (Dalian) Co., Ltd., RHI Refractories Liaoning Co., Ltd., RHI Trading Shanghai Branch, and RHI Trading (Dalian) Co., Ltd. (collectively, ‘‘RHI’’) made no shipments of subject merchandise during the POR of this administrative review. The Department received no-shipment certifications from ANH, Yingkou New Century, and RHI between November and December, 2011. The Department also issued noshipment inquiries to U.S. Customs and Border Protection (‘‘CBP’’) in January 2012, asking CBP to provide any information contrary to our findings of no entries of subject merchandise for merchandise manufactured and shipped by ANH, Yingkou New Century, and RHI during the POR. We did not receive any response from CBP, thus indicating that there were no entries of subject merchandise into the United States exported by these companies. Consequently, as none of the companies made exports of subject merchandise during the POR, we are preliminarily rescinding the review, in part, with respect to ANH, Yingkou New Century and RHI. 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’’). We have relied on facts available and because respondents did not act to the best of their ability to respond to the Department’s requests for information, we have drawn an adverse inference in selecting from among the facts otherwise available.1 For a full description of the methodology underlying our conclusions, please see ‘‘Decision Memorandum for Preliminary Results for the Antidumping Duty Administrative Review of Certain Magnesia Carbon Bricks 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 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’’). Access to IA ACCESS is available in the Central Records Unit (‘‘CRU’’), room 7046 of the main Department of Commerce building. In 1 See sections 776(a) and (b) of the Act. VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://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 The Department has determined that the following preliminary dumping margins exist for the period March 12, 2010, and August 31, 2011: 61395 a time and location to be determined.5 Parties should confirm by telephone the date, time, and location of the hearing. 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. Deadline for Submission of Publicly Available Surrogate Value Information In accordance with 19 CFR Margin 351.301(c)(3), the deadline for Company (percent) submission of publicly available information to value factors of Fengchi Imp. and Exp. Co., production under 19 CFR 351.408(c) is Ltd. of Haicheng City ........ 236.00 20 days after the date of publication of PRC-wide entity (including these preliminary results. In accordance Yingkou Byuquan Refractories Co., Ltd.) ................. 236.00 with 19 CFR 351.301(c)(1), if an interested party submits factual information less than ten days before, Disclosure and Public Comment on, or after (if the Department has The Department will disclose to extended the deadline), the applicable parties to this proceeding the deadline for submission of such factual calculations performed in reaching the information, an interested party may preliminary results within five days of submit factual information to rebut, the date of publication of these clarify, or correct the factual 2 Interested parties preliminary results. information no later than ten days after may submit written comments (case such factual information is served on briefs) within 30 days of publication of the interested party. However, the the preliminary results and rebuttal Department notes that 19 CFR comments (rebuttal briefs) within five 351.301(c)(1) permits new information days after the time limit for filing case only insofar as it rebuts, clarifies, or 3 Pursuant to 19 CFR briefs. corrects information recently placed on 351.309(d)(2), rebuttal briefs must be the record.6 Furthermore, the limited to issues raised in the case briefs. Parties who submit arguments are Department generally will not accept business proprietary information in requested to submit with the argument: either the surrogate value submissions (1) A statement of the issue; (2) a brief or the rebuttals thereto, as the regulation summary of the argument; and (3) a regarding the submission of surrogate table of authorities. Interested parties who wish to request values allows only for the submission of publicly available information. a hearing, or to participate if one is requested, must submit a written Assessment Rates request to the Assistant Secretary for Upon issuing the final results of the Import Administration, U.S. Department review, the Department shall determine, of Commerce, filed electronically using and CBP shall assess, antidumping IA ACCESS. An electronically filed document must be received successfully duties on all appropriate entries. The Department intends to issue assessment in its entirety by the Department’s instructions to CBP 15 days after the electronic records system, IA ACCESS, by 5 p.m. Eastern Standard Time within date of publication of the final results of review. For any individually examined 30 days after the date of publication of respondents whose weighted-average this notice.4 Requests should contain dumping margin is above de minimis, the party’s name, address, and we will calculate importer-specific ad telephone number, the number of valorem duty assessment rates based on participants, and a list of the issues to the ratio of the total amount of dumping be discussed. If a request for a hearing calculated for the importer’s examined is made, we will inform parties of the sales to the total entered value of those scheduled date for the hearing which will be held at the U.S. Department of 5 See 19 CFR 351.310. Commerce, 14th Street and Constitution 6 See, e.g., from the People’s Republic of Avenue NW., Washington, DC 20230, at China: Final Glycine of Antidumping Duty Results 2 See 19 CFR 351.224(b). 3 See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1). 4 See 19 CFR 351.310(c). PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 Administrative Review and Final Rescission, in Part, 72 FR 58809 (October 17, 2007), and accompanying Issues and Decision Memorandum at Comment 2. E:\FR\FM\09OCN1.SGM 09OCN1 61396 Federal Register / Vol. 77, No. 195 / Tuesday, October 9, 2012 / Notices same sales in accordance with 19 CFR 351.212(b)(1).7 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent’s weighted-average dumping margin is zero or de minimis, or an importerspecific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. wreier-aviles on DSK5TPTVN1PROD with NOTICES Cash Deposit Requirements The following cash deposit requirements, when imposed, will apply to all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and Yingkou Bayuquan Refractories Co., Ltd. will be the rate established in the final results of this administrative review; (2) for any previously reviewed or investigated PRC or non-PRC exporter, not covered in this administrative review, with a separate rate, the cash deposit rate will be the companyspecific rate established in the most recent segment of this proceeding; (3) for all other PRC exporters, the cash deposit rate will continue to be the PRCwide rate (i.e., 236.00 percent); and (4) the cash-deposit rate for any non-PRC exporter of subject merchandise from the PRC will be the rate applicable to the PRC exporter that supplied that exporter. These cash deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with 7 In these preliminary results, the Department applied the assessment rate calculation method adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012). VerDate Mar<15>2010 15:28 Oct 05, 2012 Jkt 229001 this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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 Merchandise 3. Non-Market Economy Country Status 4. Separate Rates 5. PRC-Wide Entity 6. Fengchi 7. Use of Facts Available and Adverse Facts Available (AFA) 8. Application of Total AFA to Fengchi 9. Application of Total AFA to the PRC-Wide Entity 10. Selection of AFA Rate 11. Corroboration of Secondary Information 12. Export Subsidy Adjustment [FR Doc. 2012–24811 Filed 10–5–12; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–942] Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China: Countervailing Duty Administrative Review; 2010 Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the countervailing duty order on certain kitchen appliance shelving and racks (‘‘kitchen racks’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is January 1, 2010, through December 31, 2010. We preliminarily determine that New King Shan (Zhu Hai) Co., Ltd. (‘‘NKS’’) received countervailable subsidies during the POR. We are also rescinding this review for six other producers/ exporters. DATE: Effective Date: October 9, 2012. FOR FURTHER INFORMATION CONTACT: Jennifer Meek or Mary Kolberg, Office of AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of AGENCY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–2778 and (202) 482–1785, respectively. Scope of the Order The scope of the order consists of shelving and racks for refrigerators, freezers, combined refrigerator-freezers, other refrigerating or freezing equipment, cooking stoves, ranges, and ovens. The merchandise subject to the order is currently classifiable under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) numbers 8418.99.80.50, 7321.90.50.00, 7321.90.60.40, 7321.90.60.90, 8418.99.80.60, 8419.90.95.20, 8516.90.80.00, and 8516.90.80.10. Although the HTSUS subheadings are provided for convenience and customs purposes, the written product description, available in Countervailing Duty Order: Certain Kitchen Appliance Shelving and Racks From the People’s Republic of China, 74 FR 46973 (September 14, 2009) (‘‘CVD Order’’), remains dispositive. Partial Rescission of the Administrative Review Pursuant to 19 CFR 351.213(d)(1), we are rescinding this administrative review with respect to the following parties because the review requests were timely withdrawn: Asia Pacific CIS (Wuxi) Co., Ltd.; Guangdong Wireking Co., Ltd. (formerly known as Foshun Shunde Wireking Housewares & Hardware); Hangzhou Dunli Import & Export Co., Ltd. and Hangzhou Dunli Industry Co., Ltd.; Hengtong Hardware Manufacturing (Huizhou) Co., Ltd.; Jiangsu Weixi Group Co.; and Leader Metal Industry Co., Ltd. (aka Marmon Retail Services Asia). 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 found countervailable, we preliminarily determine that there is a subsidy, i.e., 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, in part, on facts available and, because one or more respondents did not act to the best of their ability to respond to the Department’s requests for information, we have drawn an adverse E:\FR\FM\09OCN1.SGM 09OCN1

Agencies

[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61394-61396]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24811]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Antidumping Duty Administrative Review; 2010-2011

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain magnesia 
carbon bricks from the People's Republic of China (``PRC''), covering 
the period of review (``POR'') of March 12, 2010, through August 31, 
2011. 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: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4047.

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 Mexico and the People's Republic of China: Antidumping Duty 
Orders, 75 FR 57257 (September 20, 2010), remains dispositive.

Preliminary Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), we have preliminarily determined 
that ANH (Xinyi) Refractories (``ANH''), Yingkou New Century 
Refractories Ltd. (``Yingkou New Century''), and RHI-

[[Page 61395]]

Refractories Asia Pacific Pte. Ltd., RHI Refractories (Dalian) Co., 
Ltd., RHI Refractories Liaoning Co., Ltd., RHI Trading Shanghai Branch, 
and RHI Trading (Dalian) Co., Ltd. (collectively, ``RHI'') made no 
shipments of subject merchandise during the POR of this administrative 
review. The Department received no-shipment certifications from ANH, 
Yingkou New Century, and RHI between November and December, 2011. The 
Department also issued no-shipment inquiries to U.S. Customs and Border 
Protection (``CBP'') in January 2012, asking CBP to provide any 
information contrary to our findings of no entries of subject 
merchandise for merchandise manufactured and shipped by ANH, Yingkou 
New Century, and RHI during the POR. We did not receive any response 
from CBP, thus indicating that there were no entries of subject 
merchandise into the United States exported by these companies. 
Consequently, as none of the companies made exports of subject 
merchandise during the POR, we are preliminarily rescinding the review, 
in part, with respect to ANH, Yingkou New Century and RHI.

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''). We 
have relied on facts available and because respondents did not act to 
the best of their ability to respond to the Department's requests for 
information, we have drawn an adverse inference in selecting from among 
the facts otherwise available.\1\
---------------------------------------------------------------------------

    \1\ 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 Antidumping Duty Administrative Review of Certain Magnesia 
Carbon Bricks 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 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''). Access to IA 
ACCESS is available 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 http://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

    The Department has determined that the following preliminary 
dumping margins exist for the period March 12, 2010, and August 31, 
2011:

------------------------------------------------------------------------
                                                              Margin
                         Company                             (percent)
------------------------------------------------------------------------
Fengchi Imp. and Exp. Co., Ltd. of Haicheng City........          236.00
PRC-wide entity (including Yingkou Byuquan Refractories           236.00
 Co., Ltd.).............................................
------------------------------------------------------------------------

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.\2\ 
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.\3\ 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.
---------------------------------------------------------------------------

    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
---------------------------------------------------------------------------

    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.\4\ 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.\5\ Parties should confirm by telephone the 
date, time, and location of the hearing.
---------------------------------------------------------------------------

    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
---------------------------------------------------------------------------

    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.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department notes that 19 CFR 351.301(c)(1) permits new 
information only insofar as it rebuts, clarifies, or corrects 
information recently placed on the record.\6\ Furthermore, the 
Department generally will not accept business proprietary information 
in either the surrogate value submissions or the rebuttals thereto, as 
the regulation regarding the submission of surrogate values allows only 
for the submission of publicly available information.
---------------------------------------------------------------------------

    \6\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
---------------------------------------------------------------------------

Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of review. 
For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those

[[Page 61396]]

same sales in accordance with 19 CFR 351.212(b)(1).\7\ We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific assessment rate calculated in 
the final results of this review is above de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.
---------------------------------------------------------------------------

    \7\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Fengchi Imp. and 
Exp. Co., Ltd. of Haicheng City and Yingkou Bayuquan Refractories Co., 
Ltd. will be the rate established in the final results of this 
administrative review; (2) for any previously reviewed or investigated 
PRC or non-PRC exporter, not covered in this administrative review, 
with a separate rate, the cash deposit rate will be the company-
specific rate established in the most recent segment of this 
proceeding; (3) for all other PRC exporters, the cash deposit rate will 
continue to be the PRC-wide rate (i.e., 236.00 percent); and (4) the 
cash-deposit rate for any non-PRC exporter of subject merchandise from 
the PRC will be the rate applicable to the PRC exporter that supplied 
that exporter. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice serves as a preliminary reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    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 Merchandise
3. Non-Market Economy Country Status
4. Separate Rates
5. PRC-Wide Entity
6. Fengchi
7. Use of Facts Available and Adverse Facts Available (AFA)
8. Application of Total AFA to Fengchi
9. Application of Total AFA to the PRC-Wide Entity
10. Selection of AFA Rate
11. Corroboration of Secondary Information
12. Export Subsidy Adjustment

[FR Doc. 2012-24811 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P