Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order, 7502 [2016-02994]

Download as PDF 7502 Federal Register / Vol. 81, No. 29 / Friday, February 12, 2016 / Notices this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the 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 351.221(b)(4). Dated: February 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Fair Value Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. Constructed Export Price D. Normal Value 1. Home Market Viability and Selection of Comparison Market 2. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Currency Conversion V. Recommendation [FR Doc. 2016–02996 Filed 2–11–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–837, A–570–954, C–570–955] Certain Magnesia Carbon Bricks From Mexico and the People’s Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘the Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) orders on certain magnesia carbon bricks (‘‘MCBs’’) from Mexico and the People’s Republic of China (‘‘PRC’’) and the countervailing duty (‘‘CVD’’) order on MCBs from the PRC would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material asabaliauskas on DSK9F6TC42PROD with NOTICES2 AGENCY: VerDate Sep<11>2014 17:38 Feb 11, 2016 Jkt 238001 injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty orders and the countervailing duty order. DATES: Effective Date: February 12, 2016. FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, 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) 482–6491. SUPPLEMENTARY INFORMATION: Background On August 3, 2015 the Department published a notice of initiation of the first sunset review of the AD orders on MCBs from Mexico and the PRC, and the CVD order on MCBs from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).1 As a result of its review, the Department determined that revocation of the AD orders would likely lead to a continuation or recurrence of dumping and that revocation of the CVD order would likely lead to continuation or recurrence of countervailable subsidies. The Department, therefore, notified the ITC of the magnitude of the margins and net countervailable subsidy rates likely to prevail should the antidumping orders and the countervailing duty order be revoked.2 On February 2, 2016, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD and CVD orders on MCBs from Mexico and the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.3 Scope of the Orders Imports covered by the orders consist of certain chemically bonded (resin or pitch), MCBs with a magnesia 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 80 FR 45945 (August 3, 2015) (‘‘Initiation’’). 2 See Certain Magnesia Carbon Bricks from Mexico and the People’s Republic of China: Final Results of Expedited Sunset Review of the Antidumping Duty Orders, 80 FR 76447 (December 9, 2015) and accompanying Issues and Decision Memorandum; see also Certain Magnesia Carbon Bricks from the People’s Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order, 80 FR 75971 (December 7, 2015). 3 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Determination, 81 FR 5484 (February 2, 2016); see also Certain Magnesia Carbon Bricks from the People’s Republic of China: Investigation No. 701–TA–468 and 731–TA–1166– 1167, USITC Publication 4589 (January, 2016). PO 00000 Frm 00006 Fmt 4703 Sfmt 9990 component of at least 70 percent magnesia (‘‘MgO’’) by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements, (for example, MCBs can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti-slip treatments or metal casing) and regardless of whether or not anti-oxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain MCBs that are the subject of this investigation 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. Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD and CVD orders would likely lead to a continuation or recurrence of dumping and countervailable subsidies and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD orders on MCBs from Mexico and the PRC and the CVD order on MCBs from the PRC. U.S. Customs and Border Protection will continue to collect AD and CVD duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the orders will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the orders not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year (‘‘sunset’’) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4) Dated: February 5, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–02994 Filed 2–11–16; 8:45 am] BILLING CODE 3510–DS–P E:\FR\FM\12FEN1.SGM 12FEN1

Agencies

[Federal Register Volume 81, Number 29 (Friday, February 12, 2016)]
[Notices]
[Page 7502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02994]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-837, A-570-954, C-570-955]


Certain Magnesia Carbon Bricks From Mexico and the People's 
Republic of China: Continuation of Antidumping Duty Orders and 
Countervailing Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') orders on 
certain magnesia carbon bricks (``MCBs'') from Mexico and the People's 
Republic of China (``PRC'') and the countervailing duty (``CVD'') order 
on MCBs from the PRC would likely lead to a continuation or recurrence 
of dumping and countervailable subsidies and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty orders and the countervailing duty 
order.

DATES: Effective Date: February 12, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, 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) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On August 3, 2015 the Department published a notice of initiation 
of the first sunset review of the AD orders on MCBs from Mexico and the 
PRC, and the CVD order on MCBs from the PRC, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act'').\1\ As a result of 
its review, the Department determined that revocation of the AD orders 
would likely lead to a continuation or recurrence of dumping and that 
revocation of the CVD order would likely lead to continuation or 
recurrence of countervailable subsidies. The Department, therefore, 
notified the ITC of the magnitude of the margins and net 
countervailable subsidy rates likely to prevail should the antidumping 
orders and the countervailing duty order be revoked.\2\ On February 2, 
2016, the ITC published notice of its determination, pursuant to 
section 751(c) of the Act, that revocation of the AD and CVD orders on 
MCBs from Mexico and the PRC would likely lead to a continuation or 
recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time.\3\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 80 FR 45945 
(August 3, 2015) (``Initiation'').
    \2\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Final Results of Expedited Sunset Review 
of the Antidumping Duty Orders, 80 FR 76447 (December 9, 2015) and 
accompanying Issues and Decision Memorandum; see also Certain 
Magnesia Carbon Bricks from the People's Republic of China: Final 
Results of Expedited First Sunset Review of the Countervailing Duty 
Order, 80 FR 75971 (December 7, 2015).
    \3\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Determination, 81 FR 5484 (February 2, 2016); see 
also Certain Magnesia Carbon Bricks from the People's Republic of 
China: Investigation No. 701-TA-468 and 731-TA-1166-1167, USITC 
Publication 4589 (January, 2016).
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Scope of the Orders

    Imports covered by the orders consist of certain chemically bonded 
(resin or pitch), MCBs with a magnesia component of at least 70 percent 
magnesia (``MgO'') by weight, regardless of the source of raw materials 
for the MgO, with carbon levels ranging from trace amounts to 30 
percent by weight, regardless of enhancements, (for example, MCBs can 
be enhanced with coating, grinding, tar impregnation or coking, high 
temperature heat treatments, anti-slip treatments or metal casing) and 
regardless of whether or not anti-oxidants are present (for example, 
antioxidants can be added to the mix from trace amounts to 15 percent 
by weight as various metals, metal alloys, and metal carbides).
    Certain MCBs that are the subject of this investigation 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.

Continuation of the Orders

    As a result of the determinations by the Department and the ITC 
that revocation of the AD and CVD orders would likely lead to a 
continuation or recurrence of dumping and countervailable subsidies and 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department 
hereby orders the continuation of the AD orders on MCBs from Mexico and 
the PRC and the CVD order on MCBs from the PRC. U.S. Customs and Border 
Protection will continue to collect AD and CVD duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise.
    The effective date of the continuation of the orders will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the orders not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year (``sunset'') review and this notice are in 
accordance with section 751(c) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4)

    Dated: February 5, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02994 Filed 2-11-16; 8:45 am]
BILLING CODE 3510-DS-P