Final Determination of Sales at Less Than Fair Value: Silica Bricks and Shapes From the People's Republic of China, 70918-70920 [2013-28551]

Download as PDF 70918 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Notices for TUTRIC.7 Therefore, this amended final determination does not change TUTRIC’s cash deposit rate. Amended Final Determination Because there is now a final CIT judgment with respect to the Final Determination, the revised total net countervailable subsidy rate for TUTRIC is 3.93 percent.8 This notice is issued and published in accordance with sections 516A(e)(1) and 777(i)(1) of the Act. Dated: November 20, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. at LTFV, as provided in section 735 of the Tariff Act of 1930, as amended (the ‘‘Act’’). The final weighted-average dumping margins for this investigation are listed in the ‘‘Final Determination’’ section below. FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–3518. SUPPLEMENTARY INFORMATION: Background [FR Doc. 2013–28552 Filed 11–26–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–988] Final Determination of Sales at Less Than Fair Value: Silica Bricks and Shapes From the People’s Republic of China Enforcement & Compliance, formerly Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: November 27, 2013. SUMMARY: On June 20, 2013, the Department of Commerce (‘‘Department’’) published its preliminary determination of sales at less than fair value (‘‘LTFV’’) in the antidumping duty investigation of silica bricks and shapes from the People’s Republic of China (‘‘PRC’’).1 The Department invited interested parties to comment on the Preliminary Determination. Based on the Department’s analysis of the comments received, the Department made changes to the Preliminary Determination. The Department determines that silica bricks and shapes from the PRC are being, or are likely to be, sold in the United States AGENCY: The Department published its Preliminary Determination on June 20, 2013.2 Between June 24, 2013 and July 1, 2013, the Department conducted verification of the mandatory respondent Tianjin New Century Refractories Co., Ltd.; Tianjin New World Import & Export Trading Co., Ltd.; and XinYi American Advanced Material Co., Ltd. (collectively, ‘‘New Century Group’’) 3 and its unaffiliated producer, Dengfeng Yuzhong Refractories Co. Ltd. (‘‘Dengfeng Yuzhong’’).4 On July 15, 2013, Utah Refractories Corporation (‘‘Petitioner’’) requested that the Department reject as untimely the unsolicited submission of new factual information filed on July 5, 2013 by New Century Group.5 The Department did not reject this submission as it was information requested by the Department during verification of New Century Group and which the Department asked that New Century Group submit to the record. On July 30, 2013, New Century Group submitted surrogate value comments. On August 12, 2013, Utah Refractories Corporation (‘‘Petitioner’’) submitted rebuttal surrogate value comments. On August 17, 2013 and August 19, 2013, the New Century Group and Fedmet Resources Corporation, respectively, submitted case briefs. On 2 See Preliminary Determination. the Preliminary Determination, the Department determined to treat these companies as a single entity and continues to do so. See the memorandum from Rebecca Pandolph, International Trade Analyst, AD/CVD Operations, Office 4 through Howard Smith, Program Manager, AD/CVD Operations, Office 4 to Abdelali Elouaradia, Office Director, AD/CVD Operations, Office 4, ‘‘Silica Bricks and Shapes from the People’s Republic of China: Affiliation and Single Entity Status,’’ dated June 13, 2013. 4 See the ‘‘Verification’’ section below. 5 See Letter from Petitioner to the Secretary of Commerce, ‘‘Silica Bricks and Shapes from the People ’s Republic of China Request to Reject Untimely Additional Factual Information,’’ dated July 15, 2013. emcdonald on DSK67QTVN1PROD with NOTICES 3 In 7 See Implementation of Determinations Under Section 129 of the Uruguay Round Agreements Act: Certain New Pneumatic Off-the-Road Tires; Circular Welded Carbon Quality Steel Pipe; Laminated Woven Sacks; and Light-Walled Rectangular Pipe and Tube From the People’s Republic of China, 77 FR 52683 (August 30, 2012). 8 Total net countervailable subsidy rates for other respondents identified in the Final Determination remain unchanged. See Final Determination, 73 FR 40483. 1 See Silica Bricks and Shapes from the People’s Republic of China: Preliminary Determination of Antidumping Duty Investigation and Postponement of Final Determination, 78 FR 37203 (June 20, 2013) (‘‘Preliminary Determination’’). VerDate Mar<15>2010 17:02 Nov 26, 2013 Jkt 232001 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 September 3, 2013, Petitioner submitted a rebuttal brief. As explained in the memorandum from the Assistant Secretary for Enforcement and Compliance, the Department exercised its discretion to toll deadlines for the duration of the closure of the Federal Government from October 1, through October 16, 2013.6 Therefore, all deadlines in this proceeding have been extended by 16 days. If the new deadline falls on a nonbusiness day, in accordance with the Department’s practice, the deadline will become the next business day. Thus, the revised deadline for the final determination in this investigation is November 20, 2013. Period of Investigation The period of investigation (‘‘POI’’) is April 1, 2012, through September 30, 2012. This period corresponds to the two most recent fiscal quarters prior to the month of the filing of the petition, which was November 2012.7 Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to this investigation are addressed in the Issues and Decision Memorandum.8 A list of the issues which the parties raised and to which the Department responded in the Issues and Decision Memorandum is attached to this notice as an Appendix. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at http://iaaccess.trade.gov and it 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 at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content. 6 See Memorandum for the Record from Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Deadlines Affected by the Shutdown of the Federal Government’’ (October 18, 2013). 7 See 19 CFR 351.204(b)(1). 8 See Memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Determination of Sales at Less-Than-FairValue: Silica Bricks and Shapes from the People’s Republic of China,’’ dated concurrently with this notice (‘‘Issues and Decision Memorandum’’). E:\FR\FM\27NON1.SGM 27NON1 70919 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Notices Changes Since the Preliminary Determination Based on the Department’s analysis of the comments received, the Department made changes to the following elements of the antidumping duty calculations since the Preliminary Determination: • Direct and Indirect labor hours • Iron Scale Consumption and Surrogate Value • Electricity Consumption • Freight Distances from Suppliers to Factory • Packing Material Consumption • Entered Value • Brokerage and Handling • Use of Partial Adverse Facts Available for Unreported U.S. Sales • Value Added Tax Adjustment For detailed information concerning all of the changes made, including those listed above, see New Century Group’s analysis and surrogate value memoranda.9 Scope of the Investigation The products covered by the scope of this investigation are refractory bricks and shapes, regardless of size, that contain at least 90 percent silica (SiO2) where at least 50 percent of the silica content, by weight, is crystalline silica, regardless of other materials contained in the bricks and shapes. Refractory refers to nonmetallic materials having those chemical and physical properties that make them applicable for structures, or as components of systems, that are exposed to environments above 1000 degrees Fahrenheit (538 degrees Celsius). The products covered by the scope of this investigation are currently classified under Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) numbers 6902.20.1020 and 6902.20.5020. Because the definition of ‘‘refractory’’ in the HTSUS differs from that in the scope of this investigation, products covered by the scope of this investigation may also enter under HTSUS number 6909.19.5095. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive. The scope of this investigation does not cover refractory bricks and shapes, regardless of size, that are made, in part, from non-crystalline silica (commonly referred to as fused silica) where the silica content is less than 50 percent, by weight, crystalline silica. Verification As provided in section 782(i) of the Act, the Department verified the information submitted by New Century Group for use in the final determination. The Department used standard verification procedures, including examination of relevant accounting and production records and original source documents provided by New Century Group. Surrogate Country In the Preliminary Determination, the Department selected Ukraine as the appropriate surrogate country to use in this investigation pursuant to section 773(c)(4) of the Act based on the following: (1) it is at a level of economic development similar to the PRC; (2) it is a significant producer of comparable merchandise; and (3) we have reliable data from Ukraine that we can use to value the factors of production. No one commented on the selection of the surrogate country and the Department continues to find that Ukraine is the appropriate surrogate country for this final determination. Use of Adverse Facts Available We determined that New Century Group failed to report certain sales and thus withheld necessary information within the meaning of section 776(a) of the Act. Moreover, New Century Group failed to act to the best of its ability to comply with the Department’s requests for information within the meaning of section 776(b) of the Act regarding unreported sales. We therefore applied adverse facts available (‘‘AFA’’) to New Century Group’s unreported sales, pursuant to section 776(b) of the Act. As partial AFA, we applied the highest transaction specific margin calculated to the unreported sales. Furthermore, because the PRC-wide entity did not provide the Department with requested information, pursuant to section 776 (a)(2)(A) of the Act, the Department continues to find it appropriate to base the PRC-wide rate on AFA. As was the case in the Preliminary Determination, we are unable to corroborate the dumping margins in the petition. Therefore, we have assigned the PRC-wide entity a dumping margin equal to the highest transaction-specific dumping margin calculated for the New Century Group. Final Determination The Department determines that the following weighted-average dumping margins exist for the period April 1, 2012, through September 30, 2012. Weightedaverage dumping margin (percent) Exporter Producer Tianjin New Century Refractories Co., Ltd.; Tianjin New World Import & Export Trading Co., Ltd.; and XinYi American Advanced Material Co., Ltd. PRC-wide Entity* ........................................................................ Dengfeng Yuzhong Refractories Co. Ltd ................................... 63.81 ..................................................................................................... 73.10 * The PRC-wide entity includes Shandong Daqiao Co., Ltd. emcdonald on DSK67QTVN1PROD with NOTICES Disclosure We intend to disclose to parties the calculations performed in this proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). 9 See Memorandum from Jonathan Hill, International Trade Analyst, AD/CVD Operations, Office IV, to Howard Smith, Program Manager, AD/ CVD Operations, Office IV, ‘‘Silica Bricks and Shapes from the People’s Republic of China: VerDate Mar<15>2010 17:02 Nov 26, 2013 Jkt 232001 Continuation of Suspension of Liquidation In accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to continue to suspend liquidation of all appropriate entries of silica bricks and shapes from the PRC as described in the ‘‘Scope of the Investigation’’ section, which were entered, or withdrawn from warehouse, for consumption on or after June 20, 2013, the date of publication of the Analysis of the Final Determination Margin Calculation for New Century Group,’’ dated November 20, 2013; see also memorandum from Jonathan Hill, International Trade Analyst, AD/CVD Operations, Office IV, to Howard Smith, Program Manager, AD/CVD Operations, Office IV, ‘‘Final Determination of the Antidumping Duty Investigation of Silica Bricks and Shapes from the People’s Republic of China: Factor Valuation Memorandum,’’ dated November 20, 2013. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\27NON1.SGM 27NON1 70920 Federal Register / Vol. 78, No. 229 / Wednesday, November 27, 2013 / Notices Preliminary Determination in the Federal Register. Further, the Department will instruct CBP to require a cash deposit equal to the weightedaverage amount by which the normal value exceeds U.S. price as follows: (1) For the exporter/producer combination listed in the table above, the cash deposit rate will be equal to the weighted-average dumping margin which the Department determined in this final determination; (2) for all combinations of PRC exporters/ producers of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the weighted-average dumping margin established for the PRC-wide entity; and (3) for all non-PRC exporters of merchandise under consideration which have not received their own separate rate above, the cash deposit rate will be equal to the cash deposit rate applicable to the PRC exporter/producer combination that supplied that non-PRC exporter. These suspension-ofliquidation instructions will remain in effect until further notice. ITC Notification In accordance with section 735(d) of the Act, we have notified the International Trade Commission (‘‘ITC’’) of the final affirmative determination of sales at LTFV. As the Department’s final determination is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will determine, within 45 days, whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of subject merchandise, or sales (or the likelihood of sales) for importation, of the subject merchandise. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation. emcdonald on DSK67QTVN1PROD with NOTICES Notification Regarding APO This notice also serves as a reminder to the parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the disposition of propriety information disclosed under APO in accordance with 19 CFR 351.305. Timely written notification of return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations VerDate Mar<15>2010 17:02 Nov 26, 2013 Jkt 232001 and terms of an APO is a sanctionable violation, This determination is issued and published in accordance with sections 735(d) and 777(i)(1) of the Act. Dated: November 20, 2013. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix Issues Comment 1: Verification Corrections Comment 2: Scope Exclusion for Fused Silica and Silicon Carbide Bricks and Shapes Comment 3: Silica Sand Surrogate Value Comment 4: Iron Scale Surrogate Value Comment 5: Natural Gas Surrogate Value Comment 6: Brokerage and Handling Surrogate Value Comment 7: Facts Available for New Century Group’s Unreported U.S. Sales Comment 8: Value Added Tax [FR Doc. 2013–28551 Filed 11–26–13; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XD002 Marine Mammals; File No. 18182 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that Marilyn Mazzoil, Harbor Branch Oceanographic Institute at Florida Atlantic University, 5600 US 1 North, Fort Pierce, Florida 34946, has applied in due form for a permit to conduct scientific research on bottlenose dolphins (Tursiops truncatus). DATES: Written, telefaxed, or email comments must be received on or before December 27, 2013. ADDRESSES: The application and related documents are available for review by selecting ‘‘Records Open for Public Comment’’ from the Features box on the Applications and Permits for Protected Species (APPS) home page, https:// apps.nmfs.noaa.gov, and then selecting File No. 18182 from the list of available applications. These documents are also available upon written request or by appointment in the following offices: Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)427–8401; fax (301)713–0376; and SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 Southeast Region, NMFS, 263 13th Avenue South, Saint Petersburg, FL 33701; phone (727)824–5312; fax (727)824–5309. Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301)713–0376, or by email to NMFS.Pr1Comments@noaa.gov. Please include the File No. in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Carrie Hubard or Amy Hapeman, (301)427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) and the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant requests a permit to study bottlenose dolphins along the east coast of Florida, from Fernandina Beach to Jupiter. Dolphins would be photoidentified and biopsy sampled to study and determine: (1) Abundance estimation; (2) occurrence and distribution; (3) behavioral information; and (4) population structure and life history parameters. Vessel surveys would be conducted year-round. Annually, the applicant expects to encounter 10,000 animals from the Indian River Lagoon Estuarine System (IRLES) stock, 4000 from the Jacksonville Estuarine System (JES) stock, 12,000 from the Western North Atlantic Central Florida Coastal (WNACFC) stock, and 6000 from the Western North Atlantic Northern Florida Coastal (WNANFC) stock. Individual animals would likely be observed and photographed multiple times per year. A maximum of 350 biopsy samples could be collected annually (100 IRLES, 50 JES, 100 WNACFC, 100 WNANFC). Up to 20 animals from the IRLES stock may be sampled twice in the same year to examine seasonal changes in contaminant loads. Animals determined to be less than two years of age would not be sampled. The permit would be valid for five years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial E:\FR\FM\27NON1.SGM 27NON1

Agencies

[Federal Register Volume 78, Number 229 (Wednesday, November 27, 2013)]
[Notices]
[Pages 70918-70920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28551]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-988]


Final Determination of Sales at Less Than Fair Value: Silica 
Bricks and Shapes From the People's Republic of China

AGENCY: Enforcement & Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce

DATES: Effective Date: November 27, 2013.
SUMMARY: On June 20, 2013, the Department of Commerce (``Department'') 
published its preliminary determination of sales at less than fair 
value (``LTFV'') in the antidumping duty investigation of silica bricks 
and shapes from the People's Republic of China (``PRC'').\1\ The 
Department invited interested parties to comment on the Preliminary 
Determination. Based on the Department's analysis of the comments 
received, the Department made changes to the Preliminary Determination. 
The Department determines that silica bricks and shapes from the PRC 
are being, or are likely to be, sold in the United States at LTFV, as 
provided in section 735 of the Tariff Act of 1930, as amended (the 
``Act''). The final weighted-average dumping margins for this 
investigation are listed in the ``Final Determination'' section below.
---------------------------------------------------------------------------

    \1\ See Silica Bricks and Shapes from the People's Republic of 
China: Preliminary Determination of Antidumping Duty Investigation 
and Postponement of Final Determination, 78 FR 37203 (June 20, 2013) 
(``Preliminary Determination'').

FOR FURTHER INFORMATION CONTACT: Jonathan Hill, AD/CVD Operations, 
Office IV, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
---------------------------------------------------------------------------
3518.

SUPPLEMENTARY INFORMATION:

Background

    The Department published its Preliminary Determination on June 20, 
2013.\2\ Between June 24, 2013 and July 1, 2013, the Department 
conducted verification of the mandatory respondent Tianjin New Century 
Refractories Co., Ltd.; Tianjin New World Import & Export Trading Co., 
Ltd.; and XinYi American Advanced Material Co., Ltd. (collectively, 
``New Century Group'') \3\ and its unaffiliated producer, Dengfeng 
Yuzhong Refractories Co. Ltd. (``Dengfeng Yuzhong'').\4\
---------------------------------------------------------------------------

    \2\ See Preliminary Determination.
    \3\ In the Preliminary Determination, the Department determined 
to treat these companies as a single entity and continues to do so. 
See the memorandum from Rebecca Pandolph, International Trade 
Analyst, AD/CVD Operations, Office 4 through Howard Smith, Program 
Manager, AD/CVD Operations, Office 4 to Abdelali Elouaradia, Office 
Director, AD/CVD Operations, Office 4, ``Silica Bricks and Shapes 
from the People's Republic of China: Affiliation and Single Entity 
Status,'' dated June 13, 2013.
    \4\ See the ``Verification'' section below.
---------------------------------------------------------------------------

    On July 15, 2013, Utah Refractories Corporation (``Petitioner'') 
requested that the Department reject as untimely the unsolicited 
submission of new factual information filed on July 5, 2013 by New 
Century Group.\5\ The Department did not reject this submission as it 
was information requested by the Department during verification of New 
Century Group and which the Department asked that New Century Group 
submit to the record.
---------------------------------------------------------------------------

    \5\ See Letter from Petitioner to the Secretary of Commerce, 
``Silica Bricks and Shapes from the People 's Republic of China 
Request to Reject Untimely Additional Factual Information,'' dated 
July 15, 2013.
---------------------------------------------------------------------------

    On July 30, 2013, New Century Group submitted surrogate value 
comments. On August 12, 2013, Utah Refractories Corporation 
(``Petitioner'') submitted rebuttal surrogate value comments.
    On August 17, 2013 and August 19, 2013, the New Century Group and 
Fedmet Resources Corporation, respectively, submitted case briefs. On 
September 3, 2013, Petitioner submitted a rebuttal brief.
    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\6\ Therefore, all 
deadlines in this proceeding have been extended by 16 days. If the new 
deadline falls on a non-business day, in accordance with the 
Department's practice, the deadline will become the next business day. 
Thus, the revised deadline for the final determination in this 
investigation is November 20, 2013.
---------------------------------------------------------------------------

    \6\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, ``Deadlines Affected by 
the Shutdown of the Federal Government'' (October 18, 2013).
---------------------------------------------------------------------------

Period of Investigation

    The period of investigation (``POI'') is April 1, 2012, through 
September 30, 2012. This period corresponds to the two most recent 
fiscal quarters prior to the month of the filing of the petition, which 
was November 2012.\7\
---------------------------------------------------------------------------

    \7\ See 19 CFR 351.204(b)(1).
---------------------------------------------------------------------------

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this investigation are addressed in the Issues and Decision 
Memorandum.\8\ A list of the issues which the parties raised and to 
which the Department responded in the Issues and Decision Memorandum is 
attached to this notice as an Appendix. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (IA ACCESS). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and it 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 at 
http://enforcement.trade.gov/frn/. The signed Issues and Decision 
Memorandum and the electronic versions of the Issues and Decision 
Memorandum are identical in content.
---------------------------------------------------------------------------

    \8\ See Memorandum from Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
``Issues and Decision Memorandum for the Final Determination of 
Sales at Less-Than-Fair-Value: Silica Bricks and Shapes from the 
People's Republic of China,'' dated concurrently with this notice 
(``Issues and Decision Memorandum'').

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

[[Page 70919]]

Changes Since the Preliminary Determination

    Based on the Department's analysis of the comments received, the 
Department made changes to the following elements of the antidumping 
duty calculations since the Preliminary Determination:
     Direct and Indirect labor hours
     Iron Scale Consumption and Surrogate Value
     Electricity Consumption
     Freight Distances from Suppliers to Factory
     Packing Material Consumption
     Entered Value
     Brokerage and Handling
     Use of Partial Adverse Facts Available for Unreported U.S. 
Sales
     Value Added Tax Adjustment

For detailed information concerning all of the changes made, including 
those listed above, see New Century Group's analysis and surrogate 
value memoranda.\9\
---------------------------------------------------------------------------

    \9\ See Memorandum from Jonathan Hill, International Trade 
Analyst, AD/CVD Operations, Office IV, to Howard Smith, Program 
Manager, AD/CVD Operations, Office IV, ``Silica Bricks and Shapes 
from the People's Republic of China: Analysis of the Final 
Determination Margin Calculation for New Century Group,'' dated 
November 20, 2013; see also memorandum from Jonathan Hill, 
International Trade Analyst, AD/CVD Operations, Office IV, to Howard 
Smith, Program Manager, AD/CVD Operations, Office IV, ``Final 
Determination of the Antidumping Duty Investigation of Silica Bricks 
and Shapes from the People's Republic of China: Factor Valuation 
Memorandum,'' dated November 20, 2013.
---------------------------------------------------------------------------

Scope of the Investigation

    The products covered by the scope of this investigation are 
refractory bricks and shapes, regardless of size, that contain at least 
90 percent silica (SiO2) where at least 50 percent of the 
silica content, by weight, is crystalline silica, regardless of other 
materials contained in the bricks and shapes. Refractory refers to 
nonmetallic materials having those chemical and physical properties 
that make them applicable for structures, or as components of systems, 
that are exposed to environments above 1000 degrees Fahrenheit (538 
degrees Celsius). The products covered by the scope of this 
investigation are currently classified under Harmonized Tariff Schedule 
of the United States (``HTSUS'') numbers 6902.20.1020 and 6902.20.5020. 
Because the definition of ``refractory'' in the HTSUS differs from that 
in the scope of this investigation, products covered by the scope of 
this investigation may also enter under HTSUS number 6909.19.5095. 
Although the HTSUS numbers are provided for convenience and customs 
purposes, the written description of the scope of this proceeding is 
dispositive.
    The scope of this investigation does not cover refractory bricks 
and shapes, regardless of size, that are made, in part, from non-
crystalline silica (commonly referred to as fused silica) where the 
silica content is less than 50 percent, by weight, crystalline silica.

Verification

    As provided in section 782(i) of the Act, the Department verified 
the information submitted by New Century Group for use in the final 
determination. The Department used standard verification procedures, 
including examination of relevant accounting and production records and 
original source documents provided by New Century Group.

Surrogate Country

    In the Preliminary Determination, the Department selected Ukraine 
as the appropriate surrogate country to use in this investigation 
pursuant to section 773(c)(4) of the Act based on the following: (1) it 
is at a level of economic development similar to the PRC; (2) it is a 
significant producer of comparable merchandise; and (3) we have 
reliable data from Ukraine that we can use to value the factors of 
production. No one commented on the selection of the surrogate country 
and the Department continues to find that Ukraine is the appropriate 
surrogate country for this final determination.

Use of Adverse Facts Available

    We determined that New Century Group failed to report certain sales 
and thus withheld necessary information within the meaning of section 
776(a) of the Act. Moreover, New Century Group failed to act to the 
best of its ability to comply with the Department's requests for 
information within the meaning of section 776(b) of the Act regarding 
unreported sales. We therefore applied adverse facts available 
(``AFA'') to New Century Group's unreported sales, pursuant to section 
776(b) of the Act. As partial AFA, we applied the highest transaction 
specific margin calculated to the unreported sales.
    Furthermore, because the PRC-wide entity did not provide the 
Department with requested information, pursuant to section 776 
(a)(2)(A) of the Act, the Department continues to find it appropriate 
to base the PRC-wide rate on AFA. As was the case in the Preliminary 
Determination, we are unable to corroborate the dumping margins in the 
petition. Therefore, we have assigned the PRC-wide entity a dumping 
margin equal to the highest transaction-specific dumping margin 
calculated for the New Century Group.

Final Determination

    The Department determines that the following weighted-average 
dumping margins exist for the period April 1, 2012, through September 
30, 2012.

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
             Exporter                     Producer        dumping margin
                                                             (percent)
------------------------------------------------------------------------
Tianjin New Century Refractories    Dengfeng Yuzhong               63.81
 Co., Ltd.; Tianjin New World        Refractories Co.
 Import & Export Trading Co.,        Ltd.
 Ltd.; and XinYi American Advanced
 Material Co., Ltd.
PRC-wide Entity\*\................  ....................           73.10
------------------------------------------------------------------------
* The PRC-wide entity includes Shandong Daqiao Co., Ltd.

Disclosure

    We intend to disclose to parties the calculations performed in this 
proceeding within five days of the date of publication of this notice 
in accordance with 19 CFR 351.224(b).

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department 
will instruct U.S. Customs and Border Protection (``CBP'') to continue 
to suspend liquidation of all appropriate entries of silica bricks and 
shapes from the PRC as described in the ``Scope of the Investigation'' 
section, which were entered, or withdrawn from warehouse, for 
consumption on or after June 20, 2013, the date of publication of the

[[Page 70920]]

Preliminary Determination in the Federal Register. Further, the 
Department will instruct CBP to require a cash deposit equal to the 
weighted-average amount by which the normal value exceeds U.S. price as 
follows: (1) For the exporter/producer combination listed in the table 
above, the cash deposit rate will be equal to the weighted-average 
dumping margin which the Department determined in this final 
determination; (2) for all combinations of PRC exporters/producers of 
merchandise under consideration which have not received their own 
separate rate above, the cash deposit rate will be equal to the 
weighted-average dumping margin established for the PRC-wide entity; 
and (3) for all non-PRC exporters of merchandise under consideration 
which have not received their own separate rate above, the cash deposit 
rate will be equal to the cash deposit rate applicable to the PRC 
exporter/producer combination that supplied that non-PRC exporter. 
These suspension-of-liquidation instructions will remain in effect 
until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of the final affirmative 
determination of sales at LTFV. As the Department's final determination 
is affirmative, in accordance with section 735(b)(2) of the Act, the 
ITC will determine, within 45 days, whether the domestic industry in 
the United States is materially injured, or threatened with material 
injury, by reason of imports of subject merchandise, or sales (or the 
likelihood of sales) for importation, of the subject merchandise. If 
the ITC determines that such injury does exist, the Department will 
issue an antidumping duty order directing CBP to assess, upon further 
instruction by the Department, antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.

Notification Regarding APO

    This notice also serves as a reminder to the parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of propriety information disclosed under APO 
in accordance with 19 CFR 351.305. Timely written notification of 
return or 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 sanctionable violation,
    This determination is issued and published in accordance with 
sections 735(d) and 777(i)(1) of the Act.

    Dated: November 20, 2013.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix

Issues

Comment 1: Verification Corrections
Comment 2: Scope Exclusion for Fused Silica and Silicon Carbide 
Bricks and Shapes
Comment 3: Silica Sand Surrogate Value
Comment 4: Iron Scale Surrogate Value
Comment 5: Natural Gas Surrogate Value
Comment 6: Brokerage and Handling Surrogate Value
Comment 7: Facts Available for New Century Group's Unreported U.S. 
Sales
Comment 8: Value Added Tax
[FR Doc. 2013-28551 Filed 11-26-13; 8:45 am]
BILLING CODE 3510-DS-P