Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2015, 62472-62474 [2016-21767]
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
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Agenda
asabaliauskas on DSK3SPTVN1PROD with NOTICES
1. Welcome and Roll Call
2. Draft Report: ‘‘Civil Rights and the
School to Prison Pipeline in
Indiana’’
a. Committee discussion
b. Findings and Recommendations
3. Open Comment
4. Adjournment
Exceptional Circumstance: Pursuant
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3.150), the notice for this meeting is
given fewer than 15 calendar days prior
to the meeting due to exceptional
circumstances of Committee availability
and publication schedule.
Dated: September 6, 2016.
David Mussatt,
Chief, Regional Programs Unit.
[FR Doc. 2016–21737 Filed 9–8–16; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–954]
Magnesia Carbon Bricks From the
People’s Republic of China:
Preliminary Results and Partial
Rescission of the Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the ‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on Magnesia
Carbon Bricks (‘‘MCBs’’) from the
People’s Republic of China (‘‘PRC’’), for
the period of review (‘‘POR’’) September
1, 2014, to August 31, 2015. The
Department preliminarily determines
that Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City (‘‘Fengchi’’) and RHI
Refractories Liaoning, Co. Ltd. (‘‘RHI’’)
had no reviewable shipments of subject
merchandise during the POR. The
Department is also preliminarily
rescinding this review with respect to
Fedmet Resources Corporation
(‘‘Fedmet’’). Interested parties are
invited to comment on these
preliminary results.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance,
International Trade Administration,
Department of Commerce, 14th Street
and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–6491.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On September 1, 2015, the
Department published in the Federal
Register an opportunity to request an
administrative review of the
antidumping duty order on MCBs from
the PRC.1 On September 30, 2015, the
Department received a request from
Petitioner 2 to conduct an administrative
review of Dashiqiao City Guancheng
Refractor Co., Ltd.; Fedmet; Fengchi;
Fengchi Mining Co., Ltd. of Haicheng
City; Fengchi Refractories Co., of
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 80 FR 52741
(Sept. 1, 2015).
2 The Petitioner is the Magnesia Carbon Bricks
Fair Trade Committee (‘‘the Committee’’), an ad hoc
association comprised of the following three U.S.
producers of magnesia carbon bricks: Resco
Products, Inc.; Magnesita Refractories Company;
and Harbison Walker International, Inc. (hereinafter
‘‘Petitioner’’).
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Haicheng City; Jiangsu Sujia Group New
Materials Co., Ltd.; Liaoning Fucheng
Refractories Group Co., Ltd.; Liaoning
Fucheng Special Refractory Co., Ltd.;
Liaoning Jiayi Metals & Minerals Co.,
Ltd.; Puyang Refractories Group Co.,
Ltd.; RHI; Yingkou Bayuquan
Refractories Co., Ltd. (‘‘BRC’’); Yingkou
Dalmond Refractories Co., Ltd.; Yingkou
Guangyang Co., Ltd.; Yingkou Jiahe
Refractories Co. Ltd.; Yingkou Kyushu
Refractories Co., Ltd.; Yingkou New
Century Refractories Ltd.; and Yingkou
Wonjin Refractory Material Co., Ltd.3
On November 9, 2015, the Department
initiated this review based on these
review requests.4 On December 8 and 9,
2015, RHI, Fengchi, Fengchi Mining Co.,
Ltd. of Haicheng City, Fengchi
Refractories Co., of Haicheng City,
Fedmet, and BRC submitted no
shipments letters, stating they made no
entries, exports, or sales of subject
merchandise into the United Stated
during the POR.5
Scope of the Order
The merchandise subject to the order
includes certain MCBs. 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.6
Partial Rescission of the Administrative
Review
In its No Shipment Certification,
Fedmet stated that it is not a PRC
producer or exporter of the subject
merchandise but a U.S. importer.7
Fedmet cited its entry of appearance
3 See ‘‘Certain Magnesia Carbon Bricks from the
People’s Republic of China: Request for
Administrative Review,’’ dated September 30, 2015.
4 See Initiation of Antidumping Duty
Administrative Reviews, 80 FR 69193 (November 9,
2015) (‘‘Initiation Notice’’).
5 See No Shipments Certification from RHI, dated
December 8, 2015, and No Shipment Certifications
from Fengchi, Fengchi Mining Co., Ltd. of Haicheng
City, Fengchi Refractories Co., of Haicheng City,
Fedmet and BRC, dated December 9, 2015.
6 For a full description of the scope of the order,
see Memorandum from Christian Marsh, Deputy
Assistant Secretary for Antidumping and
Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and
Compliance, ‘‘Decision Memorandum for the
Preliminary Results of the 2014–2015 Antidumping
Duty Administrative Review: Magnesia Carbon
Bricks from the People’s Republic of China,’’
(‘‘Preliminary Decision Memorandum’’) dated
concurrently with and hereby adopted by this
notice.
7 See Fedmet’s No Shipments Certification, dated
December 9, 2015.
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and application for business proprietary
access to demonstrate its status as an
importer.8 Based on the information
available, the Department preliminarily
determines that Fedmet’s entries will be
subject to the appropriate exporter’s
cash deposit requirements and
assessment rates, as outlined below.
Accordingly, we are preliminarily
rescinding this review for Fedmet.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Separate Rate Status
For the 17 companies for whom we
are not rescinding this review, we
preliminarily determine that only
Fengchi and RHI demonstrated their
continued eligibility for a separate rate
because, as discussed below, they
demonstrated that they had no
shipments during the POR and thus will
maintain their separate rate status from
the date of initiation of this
administrative review.
The remaining companies did not
submit a separate rate application or
certification. Therefore, the following
companies have not established their
eligibility for a separate rate, and the
Department preliminarily determines
that they are considered part of the PRCwide entity: Dashiqiao City Guancheng
Refractor Co., Ltd.; Fengchi Mining Co.,
Ltd. of Haicheng City; Fengchi
Refractories Co., of Haicheng City;
Jiangsu Sujia Group New Materials Co.,
Ltd.; Liaoning Fucheng Refractories
Group Co., Ltd.; Liaoning Fucheng
Special Refractory Co., Ltd.; Liaoning
Jiayi Metals & Minerals Co., Ltd.;
Puyang Refractories Group Co., Ltd.;
BRC; 9 Yingkou Dalmond Refractories
Co., Ltd.; Yingkou Guangyang Co., Ltd.;
Yingkou Jiahe Refractories Co. Ltd.;
Yingkou Kyushu Refractories Co., Ltd.;
Yingkou New Century Refractories Ltd.;
and Yingkou Wonjin Refractory Material
Co., Ltd.
The Department’s policy regarding
conditional review of the PRC-wide
entity applies to this administrative
review.10 Under this policy, the PRCwide entity will not be under review
unless a party specifically requests, or
the Department self-initiates, a review of
8 Id. See also ‘‘Magnesia Carbon Bricks from the
People’s Republic of China, Case No. A–570–954:
Entry of Appearance and APO Application,’’ dated
November 10, 2015.
9 Although BRC submitted a no shipments
certification, it remains part of the PRC-wide entity.
See Certain Magnesia Carbon Bricks From the
People’s Republic of China: Final Results and Final
Partial Rescission of Antidumping Duty
Administrative Review; 2010–2011, 78 FR 22230,
22231 (April 15, 2013).
10 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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the entity. Because no party requested a
review of the PRC-wide entity in this
review, the PRC-wide entity is not
under review and therefore its rate is
not subject to change. The rate
previously established for the PRC-wide
entity in this proceeding is 236
percent.11
Preliminary Determination of No
Shipments
Fengchi and RHI submitted timelyfiled certifications that they had no
shipments of subject merchandise to the
United States during the POR.12 The
Department sent inquiries to U.S.
Customs and Border Protection (‘‘CBP’’)
to confirm the no shipments responses
received from these companies.13 We
received no contradictory information
from CBP indicating that there were
suspended entries of subject
merchandise into the United States
exported by these companies. Therefore,
we preliminarily determine that Fengchi
and RHI had no shipments of subject
merchandise during the POR.
Consistent with the Department’s
practice in nonmarket economy cases,
the Department finds that it is
appropriate not to rescind the review, in
part, in these circumstances, but rather
to complete the review with respect to
these companies and issue appropriate
instructions to CBP based on the final
results of the review.14
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Records Unit, Room B8024 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
https://www.trade.gov/enforcement/. The
signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Preliminary Results of Review
The Department preliminarily
determines that the following weightedaverage dumping margin exists for the
period September 1, 2014, through
August 31, 2015:
Exporter
PRC-Wide Entity ...................
Weightedaverage
dumping
margin
(percent)
236.00
Methodology
The Department conducted this
review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as
amended (the ‘‘Act’’). For a full
description of the methodology
underlying our conclusions, see the
Preliminary Decision Memorandum.15
The Preliminary 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 https://access.trade.gov, and is
available to all parties in the Central
Public Comment and Opportunity To
Request a Hearing 16
Interested parties may submit case
briefs within 30 days after the date of
publication of these preliminary results
of review.17 Rebuttals to case briefs,
which must be limited to issues raised
in the case briefs, must be filed within
five days after the time limit for filing
case briefs.18 Parties who submit
arguments are requested to submit with
the argument (a) a statement of the
issue, (b) a brief summary of the
argument, and (c) a table of
authorities.19 Parties submitting briefs
should do so pursuant to the
Department’s electronic filing system,
ACCESS.
Any interested party may request a
hearing within 30 days of publication of
this notice.20 Hearing requests should
contain the following information: (1)
The party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of the issues
to be discussed. Oral presentations will
be limited to issues raised in the
briefs.21 If a request for a hearing is
11 See Certain Magnesia Carbon Bricks From the
People’s Republic of China: Final Results and Final
Partial Rescission of the Antidumping Duty
Administrative Review; 2012–2013, 80 FR 19961,
19962 (April 14, 2015).
12 See No Shipment Certification from RHI, dated
December 8, 2015, and No Shipment Certifications
from Fengchi, dated December 9, 2015.
13 See Customs No Shipments Inquiry, dated
February 12, 2016.
14 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65694–95 (October 24, 2011) (NME
Assessment Policy).
15 A list of topics discussed in the Preliminary
Decision Memorandum is provided at Appendix I
to this notice.
16 Normally, the Department discloses to
interested parties the calculations performed in
connection with the preliminary results of review
within five days of the date of publication of the
notice of preliminary results in the Federal
Register, in accordance with 19 CFR 351.224(b).
However, because the Department has preliminarily
determined to rescind this review with respect to
Fedmet and that Fengchi and RHI had no shipments
during the POR, and because all other companies
subject to this review are receiving the PRC-wide
entity rate, there are no calculations to disclose.
17 See 19 CFR 351.309(c)(1)(ii).
18 See 19 CFR 351.309(d).
19 See 19 CFR 351.309(c)(2), (d)(2).
20 See 19 CFR 351.310(c).
21 Id.
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Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Notices
made, parties will be notified of the
time and date for the hearing to be held
at the U.S. Department of Commerce,
14th Street and Constitution Avenue
NW., Washington, DC 20230.22
The Department intends to issue the
final results of this administrative
review, which will include the results of
our analysis of any issues raised in case
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’).
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.23 The Department intends to
issue assessment instructions to CBP 15
days after the publication date of the
final results of this review. We intend to
instruct CBP to liquidate entries
containing subject merchandise
exported by the PRC-wide entity at the
current rate for the PRC-wide entity (i.e.,
236 percent).
The Department announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales data submitted
by companies individually examined
during the administrative review, the
Department will instruct CBP to
liquidate such entries for the PRC-wide
entity. Additionally, if the Department
determines that an exporter had no
shipments of the subject merchandise,
any suspended entries that entered
under that exporter’s case number (i.e.,
at that exporter’s cash deposit rate) will
be liquidated at the rate for the PRCwide entity.24 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
cash deposits of estimated duties, where
applicable.
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from the PRC entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by sections
751(a)(2)(C) of the Act: (1) For any
companies listed that have a separate
22 See
19 CFR 351.310(d).
23 See 19 CFR 351.212(b).
24 For a full discussion of this practice, see NME
Assessment Policy.
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rate, the cash deposit rate will be that
established in the final results of this
review (except, if the rate is zero or de
minimis, then zero cash deposit will be
required); (2) for previously investigated
or reviewed PRC and non-PRC exporters
not listed that received a separate rate
in a prior segment of this proceeding,
the cash deposit rate will continue to be
the existing exporter-specific rate; (3) for
all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be that for the PRCwide 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 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 the POR.
Failure to comply with this requirement
could result in the Department’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
These preliminary results are being
issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act and 19 CFR 351.221(b)(4).
Dated: September 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies That Did Not Establish Their
Eligibility for a Separate Rate
c. Preliminary Determination of No
Shipments
d. Preliminary Partial Rescission of Review
5. Recommendation
[FR Doc. 2016–21767 Filed 9–8–16; 8:45 am]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–929]
Small Diameter Graphite Electrodes
From the People’s Republic of China:
Final Results of Antidumping Duty
Administrative Review; 2014–2015
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: On March 9, 2016, the
Department of Commerce (the
Department) published the preliminary
results of the administrative review of
the antidumping duty order on small
diameter graphite electrodes (SDGEs)
from the People’s Republic of China (the
PRC). The period of review (POR) is
February 1, 2014, through January 31,
2015. For the final results, we find that
certain companies sold subject
merchandise at less than normal value.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT:
Dmitry Vladimirov or Michael A.
Romani, AD/CVD Operations, Office I,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW., Washington
DC 20230; telephone: (202) 482–0665 or
(202) 482–0198, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On March 9, 2016, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on SDGEs from
the PRC.1 We received case and rebuttal
briefs with respect to the Preliminary
Results. On June 7, 2016, the
Department extended the deadline for
the final results by 60 days to September
6, 2016.2 The Department conducted
this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
Scope of the Order
The merchandise covered by the order
includes all small diameter graphite
electrodes with a nominal or actual
1 See Small Diameter Graphite Electrodes from
the People’s Republic of China: Preliminary Results
of Antidumping Duty Administrative Review and
Rescission of Review In Part; 2014–2015, 81 FR
12468 (March 9, 2016) (Preliminary Results), and
accompanying Preliminary Decision Memorandum.
2 See Memorandum from Dmitry Vladimirov,
International Trade Compliance Analyst, Office I,
Antidumping and Countervailing Duty Operations
to Deputy Assistant Secretary Christian Marsh
entitled, ‘‘Small Diameter Graphite Electrodes from
the People’s Republic of China: Extension of
Deadline for Final Results of Antidumping Duty
Administrative Review,’’ dated June 7, 2016.
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Agencies
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62472-62474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21767]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954]
Magnesia Carbon Bricks From the People's Republic of China:
Preliminary Results and Partial Rescission of the Antidumping Duty
Administrative Review; 2014-2015
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') is conducting
an administrative review of the antidumping duty order on Magnesia
Carbon Bricks (``MCBs'') from the People's Republic of China (``PRC''),
for the period of review (``POR'') September 1, 2014, to August 31,
2015. The Department preliminarily determines that Fengchi Imp. and
Exp. Co., Ltd. of Haicheng City (``Fengchi'') and RHI Refractories
Liaoning, Co. Ltd. (``RHI'') had no reviewable shipments of subject
merchandise during the POR. The Department is also preliminarily
rescinding this review with respect to Fedmet Resources Corporation
(``Fedmet''). Interested parties are invited to comment on these
preliminary results.
DATES: Effective September 9, 2016.
FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations,
Office V, Enforcement and Compliance, International Trade
Administration, Department of Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2015, the Department published in the Federal
Register an opportunity to request an administrative review of the
antidumping duty order on MCBs from the PRC.\1\ On September 30, 2015,
the Department received a request from Petitioner \2\ to conduct an
administrative review of Dashiqiao City Guancheng Refractor Co., Ltd.;
Fedmet; Fengchi; Fengchi Mining Co., Ltd. of Haicheng City; Fengchi
Refractories Co., of Haicheng City; Jiangsu Sujia Group New Materials
Co., Ltd.; Liaoning Fucheng Refractories Group Co., Ltd.; Liaoning
Fucheng Special Refractory Co., Ltd.; Liaoning Jiayi Metals & Minerals
Co., Ltd.; Puyang Refractories Group Co., Ltd.; RHI; Yingkou Bayuquan
Refractories Co., Ltd. (``BRC''); Yingkou Dalmond Refractories Co.,
Ltd.; Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.;
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.\3\ On November
9, 2015, the Department initiated this review based on these review
requests.\4\ On December 8 and 9, 2015, RHI, Fengchi, Fengchi Mining
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng City,
Fedmet, and BRC submitted no shipments letters, stating they made no
entries, exports, or sales of subject merchandise into the United
Stated during the POR.\5\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 80 FR 52741 (Sept. 1, 2015).
\2\ The Petitioner is the Magnesia Carbon Bricks Fair Trade
Committee (``the Committee''), an ad hoc association comprised of
the following three U.S. producers of magnesia carbon bricks: Resco
Products, Inc.; Magnesita Refractories Company; and Harbison Walker
International, Inc. (hereinafter ``Petitioner'').
\3\ See ``Certain Magnesia Carbon Bricks from the People's
Republic of China: Request for Administrative Review,'' dated
September 30, 2015.
\4\ See Initiation of Antidumping Duty Administrative Reviews,
80 FR 69193 (November 9, 2015) (``Initiation Notice'').
\5\ See No Shipments Certification from RHI, dated December 8,
2015, and No Shipment Certifications from Fengchi, Fengchi Mining
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng
City, Fedmet and BRC, dated December 9, 2015.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the order includes certain MCBs. 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.\6\
---------------------------------------------------------------------------
\6\ For a full description of the scope of the order, see
Memorandum from Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations to Paul Piquado,
Assistant Secretary for Enforcement and Compliance, ``Decision
Memorandum for the Preliminary Results of the 2014-2015 Antidumping
Duty Administrative Review: Magnesia Carbon Bricks from the People's
Republic of China,'' (``Preliminary Decision Memorandum'') dated
concurrently with and hereby adopted by this notice.
---------------------------------------------------------------------------
Partial Rescission of the Administrative Review
In its No Shipment Certification, Fedmet stated that it is not a
PRC producer or exporter of the subject merchandise but a U.S.
importer.\7\ Fedmet cited its entry of appearance
[[Page 62473]]
and application for business proprietary access to demonstrate its
status as an importer.\8\ Based on the information available, the
Department preliminarily determines that Fedmet's entries will be
subject to the appropriate exporter's cash deposit requirements and
assessment rates, as outlined below. Accordingly, we are preliminarily
rescinding this review for Fedmet.
---------------------------------------------------------------------------
\7\ See Fedmet's No Shipments Certification, dated December 9,
2015.
\8\ Id. See also ``Magnesia Carbon Bricks from the People's
Republic of China, Case No. A-570-954: Entry of Appearance and APO
Application,'' dated November 10, 2015.
---------------------------------------------------------------------------
Separate Rate Status
For the 17 companies for whom we are not rescinding this review, we
preliminarily determine that only Fengchi and RHI demonstrated their
continued eligibility for a separate rate because, as discussed below,
they demonstrated that they had no shipments during the POR and thus
will maintain their separate rate status from the date of initiation of
this administrative review.
The remaining companies did not submit a separate rate application
or certification. Therefore, the following companies have not
established their eligibility for a separate rate, and the Department
preliminarily determines that they are considered part of the PRC-wide
entity: Dashiqiao City Guancheng Refractor Co., Ltd.; Fengchi Mining
Co., Ltd. of Haicheng City; Fengchi Refractories Co., of Haicheng City;
Jiangsu Sujia Group New Materials Co., Ltd.; Liaoning Fucheng
Refractories Group Co., Ltd.; Liaoning Fucheng Special Refractory Co.,
Ltd.; Liaoning Jiayi Metals & Minerals Co., Ltd.; Puyang Refractories
Group Co., Ltd.; BRC; \9\ Yingkou Dalmond Refractories Co., Ltd.;
Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.;
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.
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\9\ Although BRC submitted a no shipments certification, it
remains part of the PRC-wide entity. See Certain Magnesia Carbon
Bricks From the People's Republic of China: Final Results and Final
Partial Rescission of Antidumping Duty Administrative Review; 2010-
2011, 78 FR 22230, 22231 (April 15, 2013).
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The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\10\ Under this
policy, the PRC-wide entity will not be under review unless a party
specifically requests, or the Department self-initiates, a review of
the entity. Because no party requested a review of the PRC-wide entity
in this review, the PRC-wide entity is not under review and therefore
its rate is not subject to change. The rate previously established for
the PRC-wide entity in this proceeding is 236 percent.\11\
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\10\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\11\ See Certain Magnesia Carbon Bricks From the People's
Republic of China: Final Results and Final Partial Rescission of the
Antidumping Duty Administrative Review; 2012-2013, 80 FR 19961,
19962 (April 14, 2015).
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Preliminary Determination of No Shipments
Fengchi and RHI submitted timely-filed certifications that they had
no shipments of subject merchandise to the United States during the
POR.\12\ The Department sent inquiries to U.S. Customs and Border
Protection (``CBP'') to confirm the no shipments responses received
from these companies.\13\ We received no contradictory information from
CBP indicating that there were suspended entries of subject merchandise
into the United States exported by these companies. Therefore, we
preliminarily determine that Fengchi and RHI had no shipments of
subject merchandise during the POR.
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\12\ See No Shipment Certification from RHI, dated December 8,
2015, and No Shipment Certifications from Fengchi, dated December 9,
2015.
\13\ See Customs No Shipments Inquiry, dated February 12, 2016.
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Consistent with the Department's practice in nonmarket economy
cases, the Department finds that it is appropriate not to rescind the
review, in part, in these circumstances, but rather to complete the
review with respect to these companies and issue appropriate
instructions to CBP based on the final results of the review.\14\
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\14\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME
Assessment Policy).
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Methodology
The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act''). For a
full description of the methodology underlying our conclusions, see the
Preliminary Decision Memorandum.\15\ The Preliminary 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 https://access.trade.gov, and is available to all
parties in the Central Records Unit, Room B8024 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 https://www.trade.gov/enforcement/. The signed Preliminary
Decision Memorandum and the electronic versions of the Preliminary
Decision Memorandum are identical in content.
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\15\ A list of topics discussed in the Preliminary Decision
Memorandum is provided at Appendix I to this notice.
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Preliminary Results of Review
The Department preliminarily determines that the following
weighted-average dumping margin exists for the period September 1,
2014, through August 31, 2015:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping margin
(percent)
------------------------------------------------------------------------
PRC-Wide Entity......................................... 236.00
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Public Comment and Opportunity To Request a Hearing \16\
Interested parties may submit case briefs within 30 days after the
date of publication of these preliminary results of review.\17\
Rebuttals to case briefs, which must be limited to issues raised in the
case briefs, must be filed within five days after the time limit for
filing case briefs.\18\ Parties who submit arguments are requested to
submit with the argument (a) a statement of the issue, (b) a brief
summary of the argument, and (c) a table of authorities.\19\ Parties
submitting briefs should do so pursuant to the Department's electronic
filing system, ACCESS.
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\16\ Normally, the Department discloses to interested parties
the calculations performed in connection with the preliminary
results of review within five days of the date of publication of the
notice of preliminary results in the Federal Register, in accordance
with 19 CFR 351.224(b). However, because the Department has
preliminarily determined to rescind this review with respect to
Fedmet and that Fengchi and RHI had no shipments during the POR, and
because all other companies subject to this review are receiving the
PRC-wide entity rate, there are no calculations to disclose.
\17\ See 19 CFR 351.309(c)(1)(ii).
\18\ See 19 CFR 351.309(d).
\19\ See 19 CFR 351.309(c)(2), (d)(2).
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Any interested party may request a hearing within 30 days of
publication of this notice.\20\ Hearing requests should contain the
following information: (1) The party's name, address, and telephone
number; (2) the number of participants; and (3) a list of the issues to
be discussed. Oral presentations will be limited to issues raised in
the briefs.\21\ If a request for a hearing is
[[Page 62474]]
made, parties will be notified of the time and date for the hearing to
be held at the U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230.\22\
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\20\ See 19 CFR 351.310(c).
\21\ Id.
\22\ See 19 CFR 351.310(d).
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The Department intends to issue the final results of this
administrative review, which will include the results of our analysis
of any issues raised in case briefs, within 120 days of publication of
these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended
(``the Act'').
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review.\23\ The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. We intend to instruct CBP to liquidate entries
containing subject merchandise exported by the PRC-wide entity at the
current rate for the PRC-wide entity (i.e., 236 percent).
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\23\ See 19 CFR 351.212(b).
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The Department announced a refinement to its assessment practice in
NME cases. Pursuant to this refinement in practice, for entries that
were not reported in the U.S. sales data submitted by companies
individually examined during the administrative review, the Department
will instruct CBP to liquidate such entries for the PRC-wide entity.
Additionally, if the Department determines that an exporter had no
shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
cash deposit rate) will be liquidated at the rate for the PRC-wide
entity.\24\ 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 cash deposits of
estimated duties, where applicable.
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\24\ For a full discussion of this practice, see NME Assessment
Policy.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from the PRC entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
sections 751(a)(2)(C) of the Act: (1) For any companies listed that
have a separate rate, the cash deposit rate will be that established in
the final results of this review (except, if the rate is zero or de
minimis, then zero cash deposit will be required); (2) for previously
investigated or reviewed PRC and non-PRC exporters not listed that
received a separate rate in a prior segment of this proceeding, the
cash deposit rate will continue to be the existing exporter-specific
rate; (3) for all PRC exporters of subject merchandise that have not
been found to be entitled to a separate rate, the cash deposit rate
will be that 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 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 the POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
These preliminary results are being issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: September 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Preliminary Decision Memorandum
1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
a. Non-Market Economy Status
b. Companies That Did Not Establish Their Eligibility for a
Separate Rate
c. Preliminary Determination of No Shipments
d. Preliminary Partial Rescission of Review
5. Recommendation
[FR Doc. 2016-21767 Filed 9-8-16; 8:45 am]
BILLING CODE 3510-DS-P