Magnesia Carbon Bricks From the People's Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014-2015, 1695-1696 [2017-00027]

Download as PDF Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–570–803] Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From the People’s Republic of China: Continuation of Antidumping Duty Orders 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 heavy forged hand tools, finished or unfinished, with or without handles (HFHTs) from the People’s Republic of China (PRC) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing this notice of continuation of the AD orders. DATES: Effective January 6, 2017. FOR FURTHER INFORMATION CONTACT: Paul Walker, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: 202.482.0413. SUPPLEMENTARY INFORMATION: AGENCY: sradovich on DSK3GMQ082PROD with NOTICES Background On February 19, 1991, the Department published the AD orders on HFHTs from the PRC.1 On July 1, 2016, the Department published the notice of initiation of the fourth sunset review of the AD orders on HFHTs from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 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.3 The Department, therefore, notified the ITC of the magnitude of the margins 1 See Antidumping Duty Orders: Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles From the People’s Republic of China, 56 FR 6622 (February 19, 1991). There are four orders on HFHTs from the PRC: axes & adzes, bars & wedges, hammers & sledges, and picks & mattocks. 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 FR 43185 (July 1, 2016). 3 See Heavy Forged Hand Tools, Finished or Unfinished, With or Without Handles from the People’s Republic of China: Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Orders, 81 FR 78777 (November 9, 2016) (Final Results) and accompanying Issues and Decision Memorandum. VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 likely to prevail should the AD orders be revoked. On December 20, 2016, the ITC published its determination that revocation of the AD orders on HFHTs from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time, pursuant to section 751(c) of the Act.4 Scope of the Orders The merchandise covered by these orders are hand tools comprising the following classes or kinds of merchandise: (1) Hammers and sledges with heads over 1.5 kg (3.33 pounds); (2) bars over 18 inches in length, track tools and wedges; (3) picks and mattocks; and (4) axes, adzes and similar hewing tools. Subject hand tools are manufactured through a hot forge operation in which steel is sheared to required length, heated to forging temperature, and formed to final shape on forging equipment using dies specific to the desired product shape and size. These products are classifiable under tariff article codes 8205.20.60, 8205.59.30, 8201.30.00, and 8201.40.60 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the AD orders is dispositive.5 Continuation of the Orders As a result of the determinations by the Department and the ITC that revocation of the AD orders would likely lead to continuation or recurrence of dumping 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 HFHTs from the PRC. United States Customs and Border Protection will continue to collect AD 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 AD 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 AD orders not later than 30 days prior to the fifth 4 See Heavy Forged Hand Tools from China: Investigation No. 731–TA–457–A–D (Fourth Review), USITC Publication 4654 (December 2016); see also Heavy Forged Hand Tools from China; Determination, 81 FR 92852 (December 20, 2016). 5 See Final Results, and accompanying Issues and Decision Memorandum at ‘‘III. Scope of the Orders.’’ PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 1695 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: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00030 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–954] Magnesia Carbon Bricks From the People’s Republic of China: Final Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce SUMMARY: On September 9, 2016, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty (AD) order on magnesia carbon bricks (MCBs) from the People’s Republic of China (PRC) covering the period of review (POR) September 1, 2014, to August 31, 2015.1 This review covers 20 companies. We invited interested parties to comment on the Preliminary Results. No party filed comments or requested a hearing. Accordingly, the final results remain unchanged from the Preliminary Results. DATES: Effective January 6, 2017. 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: Scope of the Order The scope of the order includes certain chemically-bonded (resin or pitch), MCBs with a magnesia component of at least 70 percent magnesia (MgO) by weight, regardless of 1 See Magnesia Carbon Bricks from the People’s Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2014–2015, 81 FR 62472 (September 9, 2016) (Preliminary Results) and accompanying Preliminary Decision Memorandum. E:\FR\FM\06JAN1.SGM 06JAN1 1696 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices 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 antioxidants 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 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. Final Results of Review As noted above, the Department received no comments concerning the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, the Department finds that there is no reason to modify its analysis. Therefore, in these final results of review, we have rescinded the review with respect to Fedmet Resources Corporation, continued to find that Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and RHI Refractories Liaoning, Co. Ltd. had no reviewable entries, and treated the remaining companies under review as part of the PRC-wide entity.2 The Department’s policy regarding conditional review of the PRC-wide entity applies to this administrative review.3 Under this policy, the PRCwide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because the PRC-wide entity is not under review, the entity’s rate (i.e., 236.00 percent) is not subject to change.4 sradovich on DSK3GMQ082PROD with NOTICES Assessment Rates The Department determined, and U.S. Customs and Border Protection (CBP) 2 For further details of the issues addressed in this proceeding, see the Preliminary Results and accompanying PDM which can be accessed directly at http://enforcement.trade.gov/frn/index.html. 3 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). 4 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). VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The Department intends to issue assessment instructions directly to CBP 15 days after publication in the Federal Register of these final results of this administrative review. In accordance with the Department’s assessment practice in NME cases, 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.5 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the 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 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. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 5 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation, which is subject to sanction. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00027 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘Department’’) is conducting the administrative review of the antidumping duty order on magnesium metal from the People’s Republic of China (‘‘PRC’’), covering the period April 1, 2015, through March 31, 2016. The Department preliminarily determines that Tianjin Magnesium International, Co., Ltd. (‘‘TMI’’) and Tianjin Magnesium Metal, Co., Ltd. (‘‘TMM’’) did not have reviewable entries during the period of review (‘‘POR’’). We invite interested parties to comment on these preliminary results. AGENCY: E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1695-1696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00027]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Magnesia Carbon Bricks From the People's Republic of China: Final 
Results and Partial Rescission of the Antidumping Duty Administrative 
Review; 2014-2015

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

SUMMARY: On September 9, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty (AD) order on magnesia carbon bricks 
(MCBs) from the People's Republic of China (PRC) covering the period of 
review (POR) September 1, 2014, to August 31, 2015.\1\ This review 
covers 20 companies. We invited interested parties to comment on the 
Preliminary Results. No party filed comments or requested a hearing. 
Accordingly, the final results remain unchanged from the Preliminary 
Results.
---------------------------------------------------------------------------

    \1\ See Magnesia Carbon Bricks from the People's Republic of 
China: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review; 2014-2015, 81 FR 62472 (September 9, 
2016) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum.

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DATES: Effective January 6, 2017.

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:

Scope of the Order

    The scope of the order includes certain chemically-bonded (resin or 
pitch), MCBs with a magnesia component of at least 70 percent magnesia 
(MgO) by weight, regardless of

[[Page 1696]]

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 
antioxidants 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 
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.

Final Results of Review

    As noted above, the Department received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, the Department finds that there is no reason 
to modify its analysis. Therefore, in these final results of review, we 
have rescinded the review with respect to Fedmet Resources Corporation, 
continued to find that Fengchi Imp. and Exp. Co., Ltd. of Haicheng City 
and RHI Refractories Liaoning, Co. Ltd. had no reviewable entries, and 
treated the remaining companies under review as part of the PRC-wide 
entity.\2\ The Department's policy regarding conditional review of the 
PRC-wide entity applies to this administrative review.\3\ 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 the PRC-wide entity is not under review, the 
entity's rate (i.e., 236.00 percent) is not subject to change.\4\
---------------------------------------------------------------------------

    \2\ For further details of the issues addressed in this 
proceeding, see the Preliminary Results and accompanying PDM which 
can be accessed directly at http://enforcement.trade.gov/frn/index.html.
    \3\ 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).
    \4\ 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).
---------------------------------------------------------------------------

Assessment Rates

    The Department determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b)(1). The Department intends to issue assessment 
instructions directly to CBP 15 days after publication in the Federal 
Register of these final results of this administrative review.
    In accordance with the Department's assessment practice in NME 
cases, 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.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the 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.

Reimbursement of Duties

    This notice also serves as a final 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 review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-00027 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P