Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results and Final Partial Rescission of Antidumping Duty Administrative Review; 2010-2011, 22230-22231 [2013-08807]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 78, Number 72 (Monday, April 15, 2013)]
[Notices]
[Pages 22230-22231]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-08807]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 9, 2012, the Department of Commerce 
(``Department'') published in the Federal Register the preliminary 
results of the first administrative review of the antidumping duty 
order on certain magnesia carbon bricks from the People's Republic of 
China (``PRC'').\1\ We provided interested parties an opportunity to 
comment on the Preliminary Results. After reviewing the comments and 
information received, we made no change to the Preliminary Results. The 
final weighted-average dumping margins for this review are listed below 
in the ``Final Results of Review'' section of this notice. The period 
of review (``POR'') is March 12, 2010, through August 31, 2011.
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    \1\ See Certain Magnesia Carbon Bricks From the People's 
Republic of China: Antidumping Duty Administrative Review; 2010-
2011, 77 FR 61394 (October 9, 2012) (``Preliminary Results'').

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DATES: Effective Date: April 15, 2013.

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.

SUPPLEMENTARY INFORMATION: 

Background

    On October 9, 2012, the Department published the Preliminary 
Results. On October 31, 2012, Fengchi Imp. and Exp. Co., Ltd. of 
Haicheng City, and its affiliated producer Fengchi Refractories Co., of 
Haicheng City (collectively ``Fengchi'') submitted surrogate value 
information. On November 13, 2012, the Department received case briefs 
from Resco Products, Inc. (``Petitioner'') and from Fengchi and Fedmet 
Resources Corporation (``Fedmet''), an importer of subject merchandise. 
On November 19, 2012, the Department received rebuttal briefs from 
Petitioner, ANH Refractories Company (``ANH''), a domestic interested 
party, Fengchi and Fedmet.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this review are addressed in the memorandum entitled, ``Certain 
Magnesia Carbon Bricks from the People's Republic of China: Issues and 
Decision Memorandum for the Final Results of the 2010-2011 
Administrative Review (``Issues and Decision Memorandum''),'' which is 
dated concurrently with, and adopted by, this notice. A list of the 
issues which parties raised, and to which we responded in the Issues 
and Decision Memorandum, is attached to this notice as Appendix I. The 
Issues and 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 is available to all parties in the Central 
Records Unit, room 7046 of the main Department of Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at https://www.trade.gov/ia/. The 
signed Issues and Decision Memorandum and the electronic versions of 
the Issues and Decision Memorandum are identical in content.

Scope of the Order

    The merchandise subject to the order includes certain magnesia 
carbon bricks.\2\ Certain magnesia carbon bricks that are the subject 
of this order are currently classifiable under subheadings 
6810.11.0000, 6810.91.0000, 6810.99.0080, 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 
description of the scope of the order remains dispositive.\3\
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    \2\ See Issues and Decision Memorandum for a complete 
description of the scope of the order.
    \3\ See Certain Magnesia Carbon Bricks From Mexico and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 57257 
(September 20, 2010).
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Changes Since the Preliminary Results

    Based on the comments received from the interested parties, we have 
made no change to the Preliminary Results. For a discussion of the 
issues, see the Issues and Decision Memorandum.

Final Rescission, in Part, of the Administrative Review

    In the Preliminary Results, the Department indicated its intent to 
rescind this review with respect to ANH (Xinyi) Refractories (``ANH 
(Xinyi)''), Yingkou New Century Refractories Ltd. (``Yingkou New 
Century''), and 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. 
(collectively, ``RHI'') upon preliminarily determining that they had no 
shipments of subject merchandise to the United States during the 
POR.\4\ Subsequent to the Preliminary Results, no information was 
submitted on the record indicating that these companies made sales to 
the United States of subject merchandise during the POR and no party 
provided written arguments regarding this issue. Thus, in accordance 
with 19 CFR 351.213(d)(3), and consistent with our practice,\5\ we

[[Page 22231]]

are rescinding this review with respect to ANH (Xinyi), Yingkou New 
Century and RHI.
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    \4\ See Preliminary Results, 77 FR 61394-61395.
    \5\ See, e.g., Certain Tissue Paper Products from the People's 
Republic of China: Preliminary Results and Partial Rescission of 
Antidumping Duty Administrative Review, 73 FR 18497, 18500 (April 4, 
2008) (preliminarily rescinding review because of lack of reviewable 
entries), unchanged in Certain Tissue Paper Products from the 
People's Republic of China: Final Results and Final Rescission, in 
Part, of Antidumping Duty Administrative Review, 73 FR 58113 
(October 6, 2008).
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PRC-Wide Entity

    In the Preliminary Results, we assigned to the PRC-wide entity, 
which included Yingkou Byuquan Refractories Co., Ltd. (``BRC''), a rate 
of 236.00 percent based upon adverse facts available (``AFA''). We have 
received no comment or information since the Preliminary Results that 
would warrant reconsideration of our determination. Therefore, the 
final results are unchanged from the Preliminary Results, and we have 
continued to assign an AFA rate of 236.00 percent to the PRC-wide 
entity, which includes BRC.

Final Results of Review

    The weighted-average dumping margins for the POR are as follows:

------------------------------------------------------------------------
                                              Weighted-average dumping
                 Exporter                         margin (percent)
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Fengchi Imp. and Exp. Co., Ltd. of                               236.00
 Haicheng City and Fengchi Refractories
 Co., of Haicheng City...................
PRC-wide entity (including Yingkou                               236.00
 Byuquan Refractories Co., Ltd.).........
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    The Department will disclose calculations performed for these final 
results to the parties within five days of the date of publication of 
this notice, in accordance with 19 CFR 351.224(b).

Assessment

    The Department will determine, and U.S. Customs and Border 
Protection (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 not below de minimis (i.e., 0.5 percent), 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 same sales in 
accordance with 19 CFR 351.212(b)(1).\6\ The Department 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 not below de minimis. Where either 
the respondent's weighted-average dumping margin is zero or below de 
minimis, or an importer-specific assessment rate is zero or below de 
minimis,\7\ the Department will instruct CBP to liquidate the 
appropriate entries without regard to antidumping duties.
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    \6\ In these final 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).
    \7\ See 19 CFR 351.106(c)(2).
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    For the PRC-wide entity, the Department will instruct CBP to assess 
antidumping duties at a rate equal to the weighted-average dumping 
margin included above in the Final Results of Review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Tariff Act of 1930, as 
amended (Act): (1) for the exporters listed above, the cash deposit 
rate will be equal to the weighted-average dumping margin established 
in the final results of review (except, if the rate is zero or below de 
minimis, i.e., 0.5 percent, a zero cash deposit rate will be required 
for that exporter); (2) for previously investigated or reviewed PRC and 
non-PRC exporters not listed above that have a separate rate, the cash 
deposit rate will continue to be the exporter-specific rate published 
for the most recent period; (3) for all PRC exporters of subject 
merchandise which have not been found to be entitled to a separate 
rate, the cash deposit rate will be 236.00 percent, the rate for the 
PRC-wide entity; and (4) for all non-PRC exporters of subject 
merchandise which have not received their own rate, the cash deposit 
rate will be the rate applicable to the PRC exporters that supplied 
that non-PRC exporter. These cash deposit requirements, when imposed, 
shall remain in effect until further notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties has occurred and the subsequent 
assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this administrative review and notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 9, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

Comment 1 Adverse Facts Available for Fengchi's Failure to Report 
Sales of Magnesia Alumina Carbon Bricks
Comment 2 The Appropriate Weighted-Average Dumping Margin Assigned 
to Fengchi
Comment 3 Surrogate Values for Dumping Margin Calculations
Comment 4 Customs Instructions

[FR Doc. 2013-08807 Filed 4-12-13; 8:45 am]
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