Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 75971-75972 [2015-30794]

Download as PDF Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices to this refinement, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number will be liquidated at the PRCwide rate. In accordance with section 751(a)(2)(C) of the Act, 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. mstockstill on DSK4VPTVN1PROD with NOTICES Cash Deposit Requirements 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. The following cash deposit requirements will be effective upon publication of the final results of this administrative review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed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 this review (except, if the rate is zero or de minimis, then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (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 the rate for the PRC-wide entity and (4) for all non-PRC exporters of subject merchandise that have not received their own rate, 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 also 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 POR. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 subsequent assessment of double antidumping duties. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213. Dated: November 30, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Partial Rescission of Administrative Review V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rate C. Surrogate Country D. Date of Sale E. Fair Value Comparisons F. Determination of Comparison Method G. Export Price H. Constructed Export Price I. Normal Value J. Factor Valuations K. Currency Conversion VI. Recommendation [FR Doc. 2015–30792 Filed 12–4–15; 8:45 am] 75971 Background On September 21, 2010, the Department published the CVD Order on MCBs from the PRC.1 On August 3, 2015, the Department published a notice of initiation of the first sunset review of the CVD Order on MCBs from the PRC pursuant to section 751(c)(2) of the Tariff Act of 1930, as amended (the Act).2 On August 18, 2015, the Magnesia Carbon Bricks Fair Trade Committee (the Committee) filed a notice of intent to participate in the review.3 The Committee claimed interested party status pursuant to section 771(9)(C) of the Act. The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department did not receive a response from the Government of the PRC (GOC) or any respondent interested party to the proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), the Department conducted an expedited review of this CVD Order on MCBs. Scope of the Order 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: Final Results of Expedited First Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Department) finds that revocation of the countervailing duty (CVD) order on certain magnesia carbon bricks (MCBs) from the People’s Republic of China (PRC) would be likely to lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the ‘‘Final Results of Sunset Review’’ section of this notice. DATES: Effective Date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–5255. SUPPLEMENTARY INFORMATION: AGENCY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 The merchandise subject to this CVD Order includes certain chemicallybonded (resin or pitch), 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). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. The Issues and Decision Memorandum, which is hereby adopted by this notice, provides a full description of the scope of the order.4 1 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (CVD Order). 2 See Initiation of Five-Year ‘‘Sunset’’ Reviews, 80 FR 45945 (August 3, 2015). 3 See Letter to the Department, ‘‘First Five-Year (‘‘Sunset’’) Review of Countervailing Duty Order on Magnesia Carbon Bricks From The People’s Republic of China: Domestic Industry’s Notice of Intent to Participate In Sunset Review,’’ (August 18, 2015). The Committee is an ad hoc association of three U.S. producers of MCBs: Resco Products, Inc., Magnesita Refractories Company, and Harbison Walker International, Inc. 4 See Department Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Certain Magnesia Carbon Bricks from the People’s Republic of China,’’ dated concurrently with this notice. E:\FR\FM\07DEN1.SGM 07DEN1 75972 Federal Register / Vol. 80, No. 234 / Monday, December 7, 2015 / Notices Analysis of Comments Received All issues raised in this review are addressed in the Issues and Decision Memorandum. 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 (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http:// enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy rate likely to prevail if the CVD Order were revoked, and the nature of the subsidies. Final Results of Sunset Review Pursuant to sections 752(b)(1) and (3) of the Act, we determine that revocation of the CVD Order on MCBs from the PRC would be likely to lead to continuation or recurrence of a net countervailable subsidy at the rates listed below: Net countervailable subsidy (percent) Manufacturers/exporters/producers RHI Refractories Liaoning Co., Ltd. (RHIL), RHI Refractories (Dalian) Co., Ltd. (RHID) and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI) ............................................................................................................................................... Liaoning Mayerton Refractories (LMR) and Dalian Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton) .................... All Others ......................................................................................................................................................................................... Notification Regarding Administrative Protective Order This notice also serves as the only 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. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. The Department is issuing and publishing these final results and this notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: December 1, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–30794 Filed 12–4–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration mstockstill on DSK4VPTVN1PROD with NOTICES [A–570–831] Fresh Garlic From the People’s Republic of China: Preliminary Results, Preliminary Intent To Rescind, and Partial Rescission of the 20th Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: VerDate Sep<11>2014 18:36 Dec 04, 2015 Jkt 238001 The Department of Commerce (Department) is conducting the 20th administrative review of the antidumping duty order on fresh garlic from the People’s Republic of China (PRC) covering the period of review (POR) November 1, 2013, through October 31, 2014.1 This review covers 161 manufacturers/exporters of subject merchandise.2 We preliminarily find that mandatory respondent Shenzhen Xinboda Industrial Co., Ltd. (Xinboda) made sales of subject merchandise at less than normal value (NV). In addition, the Department preliminarily finds that the other mandatory respondents, Hebei Golden Bird Trading Co., Ltd. (Golden Bird) and Qingdao Tiantaixing Foods Co., Ltd. (QTF), are part of the PRC-wide entity. We invite interested parties to comment on these preliminary results. DATES: Effective date: December 7, 2015. FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Alexander Cipolla, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5255 or (202) 482–4956. SUMMARY: Scope of the Order The merchandise covered by the order includes all grades of garlic, whole or separated into constituent cloves. Fresh garlic that are subject to the order are currently classified under the Harmonized Tariff Schedule of the 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 76956 (December 23, 2014) (Initiation Notice). 2 Id. at 79 FR 76956, 76958–76961. PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 24.24 253.87 24.24 United States (HTSUS) 0703.20.0010, 0703.20.0020, and 0703.20.0090. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope of this order, please see ‘‘III. Scope of the Order’’ in the accompanying Preliminary Decision Memorandum.3 Partial Rescission of Administrative Review and Preliminary Intent To Rescind the Review On December 23, 2014, the Department initiated a review of 161 companies in this proceeding.4 Between January 16 and March 17, 2015, withdrawal requests were timely filed for 81 companies.5 The Department is, therefore, partially rescinding this review with respect to the companies listed in Appendix I, in accordance with 19 CFR 351.213(d)(1). In addition, we 3 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, ‘‘Decision Memorandum for the Preliminary Results of the 2013–2014 Antidumping Duty Administrative Review: Fresh Garlic from the People’s Republic of China’’ (dated concurrently with this notice) (Preliminary Decision Memorandum). 4 Id. 5 See letter from Petitioners, ‘‘20th Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China— Petitioners’ Withdrawal of Certain Requests for Administrative Review,’’ at 2–4 (January 16, 2015); letter from El Bosque Garlic Farm, ‘‘Fresh Garlic from the People’s Republic of China—Withdrawal of Review Request in 20th Administrative Review filed on behalf of El Bosque Garlic Farm,’’ at 1 (March 17, 2015); and letter from Zhengzhou Harmoni Spice Co., Ltd., ‘‘Harmoni Withdrawal of Review Request: Twentieth Administrative Review of the Antidumping Duty Order on Fresh Garlic from the People’s Republic of China (A–570–831),’’ at 1 (January 16, 2015). E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 80, Number 234 (Monday, December 7, 2015)]
[Notices]
[Pages 75971-75972]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30794]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-955]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Final Results of Expedited First Sunset Review of the 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Department) finds that revocation 
of the countervailing duty (CVD) order on certain magnesia carbon 
bricks (MCBs) from the People's Republic of China (PRC) would be likely 
to lead to continuation or recurrence of a countervailable subsidy at 
the levels indicated in the ``Final Results of Sunset Review'' section 
of this notice.

DATES: Effective Date: December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith, Office VII, AD/
CVD Operations, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-
5255.

SUPPLEMENTARY INFORMATION:

Background

    On September 21, 2010, the Department published the CVD Order on 
MCBs from the PRC.\1\ On August 3, 2015, the Department published a 
notice of initiation of the first sunset review of the CVD Order on 
MCBs from the PRC pursuant to section 751(c)(2) of the Tariff Act of 
1930, as amended (the Act).\2\ On August 18, 2015, the Magnesia Carbon 
Bricks Fair Trade Committee (the Committee) filed a notice of intent to 
participate in the review.\3\ The Committee claimed interested party 
status pursuant to section 771(9)(C) of the Act.
---------------------------------------------------------------------------

    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Countervailing Duty Order, 75 FR 57442 (September 
21, 2010) (CVD Order).
    \2\ See Initiation of Five-Year ``Sunset'' Reviews, 80 FR 45945 
(August 3, 2015).
    \3\ See Letter to the Department, ``First Five-Year (``Sunset'') 
Review of Countervailing Duty Order on Magnesia Carbon Bricks From 
The People's Republic of China: Domestic Industry's Notice of Intent 
to Participate In Sunset Review,'' (August 18, 2015). The Committee 
is an ad hoc association of three U.S. producers of MCBs: Resco 
Products, Inc., Magnesita Refractories Company, and Harbison Walker 
International, Inc.
---------------------------------------------------------------------------

    The Department received an adequate substantive response from the 
domestic industry within the 30-day deadline specified in 19 CFR 
351.218(d)(3)(i). The Department did not receive a response from the 
Government of the PRC (GOC) or any respondent interested party to the 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and 19 CFR 351.218(e)(l)(ii)(B)(2) and (C)(2), the Department conducted 
an expedited review of this CVD Order on MCBs.

Scope of the Order

    The merchandise subject to this CVD Order includes certain 
chemically-bonded (resin or pitch), 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). While HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
is dispositive. The Issues and Decision Memorandum, which is hereby 
adopted by this notice, provides a full description of the scope of the 
order.\4\
---------------------------------------------------------------------------

    \4\ See Department Memorandum, ``Issues and Decision Memorandum 
for the Final Results of the Expedited First Sunset Review of the 
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the 
People's Republic of China,'' dated concurrently with this notice.

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[[Page 75972]]

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum. 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 (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, Room B8024 of the 
main Department of Commerce building. In addition, a complete version 
of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum 
and the electronic version of the Issues and Decision Memorandum are 
identical in content. The issues discussed in the Issues and Decision 
Memorandum include the likelihood of continuation or recurrence of a 
countervailable subsidy, the net countervailable subsidy rate likely to 
prevail if the CVD Order were revoked, and the nature of the subsidies.

Final Results of Sunset Review

    Pursuant to sections 752(b)(1) and (3) of the Act, we determine 
that revocation of the CVD Order on MCBs from the PRC would be likely 
to lead to continuation or recurrence of a net countervailable subsidy 
at the rates listed below:

------------------------------------------------------------------------
                                                               Net
                                                         countervailable
           Manufacturers/exporters/producers                 subsidy
                                                            (percent)
------------------------------------------------------------------------
RHI Refractories Liaoning Co., Ltd. (RHIL), RHI                    24.24
 Refractories (Dalian) Co., Ltd. (RHID) and Liaoning
 RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively,
 RHI).................................................
Liaoning Mayerton Refractories (LMR) and Dalian                   253.87
 Mayerton Refractories Co. Ltd. (DMR) (collectively,
 Mayerton)............................................
All Others............................................             24.24
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice also serves as the only 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. Timely 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.
    The Department is issuing and publishing these final results and 
this notice in accordance with sections 751(c), 752(b), and 777(i)(1) 
of the Act and 19 CFR 351.218.

    Dated: December 1, 2015.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2015-30794 Filed 12-4-15; 8:45 am]
BILLING CODE 3510-DS-P