Certain Magnesia Carbon Bricks From the People's Republic of China: Rescission of Countervailing Duty Administrative Review; 2017, 55557-55559 [2019-22672]
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
in connection with these preliminary
results of review within five days after
the date of publication of this notice.11
Interested parties may submit case briefs
not later than 30 days after the date of
publication of this notice in the Federal
Register.12 Rebuttal briefs, limited to
issues raised in the case briefs, may be
filed not later than five days after the
date for filing case briefs.13 Parties who
submit case or rebuttal briefs in this
proceeding are encouraged to submit
with each argument: (1) A statement of
the issue; (2) a brief summary of the
argument; and (3) a table of
authorities.14 Case and rebuttal briefs
should be filed using ACCESS.15
Interested parties who wish to request
a hearing must submit a written request
to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.16 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues
parties intend to discuss. Issues raised
in the hearing will be limited to those
raised in the respective case and
rebuttal briefs. If a request for a hearing
is made, we intend to hold the hearing
at the U.S. Department of Commerce,
1401 Constitution Avenue NW,
Washington, DC 20230, at a date and
time to be determined.17 Parties should
confirm by telephone the date, time, and
location of the hearing two days before
the scheduled date.
Unless extended, we intend to issue
the final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case and rebuttal briefs, within 120 days
of publication of these preliminary
results in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rates
For any individually examined
respondents whose weighted-average
dumping margin is above de minimis
(i.e., 0.50 percent), we will calculate
importer-specific ad valorem duty
assessment rates based on the ratio of
the total amount of dumping calculated
for the importer’s examined sales to the
total entered value of those same sales
in accordance with 19 CFR
351.212(b)(1).18 We will instruct CBP to
assess antidumping duties on all
appropriate entries covered by this
review when the importer-specific
assessment rate calculated in the final
results of this review is not zero or de
minimis. If a respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
rate is zero or de minimis, we will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties. The final results of this review
shall be the basis for the assessment of
antidumping duties on entries of
merchandise covered by this review
where applicable.
Regarding entries of subject
merchandise during the period of
review that were produced by
Maquilacero and Regiopytsa and for
which they did not know that the
merchandise was destined for the
United States, we will instruct CBP to
liquidate un-reviewed entries at the allothers rate of 3.76 percent, as
established in the less-than-fair-value
investigation, if there is no rate for the
intermediate company(ies) involved in
the transaction.19 For a full discussion
of this matter, see Assessment Policy
Notice.20
In accordance with 19 CFR 356.8, we
intend to issue liquidation instructions
to CBP on or after 41 days after
publication of the final results of this
review.
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 of the final results of this
administrative review, as provided by
section 751(a)(2)(C) of the Act: (1) The
cash deposit rate for each specific
company listed above will be equal to
the weighted-average dumping margin
established in the final results of this
administrative review; (2) for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recently
18 In
determined that Perfiles LM, S.A. de C.V. is the
successor-in-interest to Perfiles y Herrajes).
11 See 19 CFR 351.224(b).
12 See 19 CFR 351.309(c)(1)(ii).
13 See 19 CFR 351.309(d)(1).
14 See 19 CFR 351.309(c)(2) and (d)(2).
15 See 19 CFR 351.303.
16 See 19 CFR 351.310(c).
17 See 19 CFR 351.310(d).
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these preliminary results, Commerce applied
the assessment rate calculation methodology
adopted in Antidumping Proceedings: Calculation
of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings; Final Modification, 77 FR 8101
(February 14, 2012).
19 See Order, 73 FR at 45405.
20 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment Policy Notice).
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55557
completed segment of this proceeding in
which they were reviewed; (3) if the
exporter is not a firm covered in this
review, a prior review, or in the
investigation but the producer is, the
cash deposit rate will be the rate
established for the most recently
completed segment of this proceeding
for the producer of the merchandise;
and (4) the cash deposit rate for all other
producers or exporters will continue to
be the all-others rate of 3.76 percent.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a 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 Department’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of double antidumping
duties.
Notification to Interested Parties
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.221(b)(4).
Dated: October 10, 2019.
Jeffrey I. Kessler,
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. Preliminary Determination of No
Shipments
V. Companies Not Selected for Individual
Examination
VI. Discussion of the Methodology
VII. Currency Conversion
VIII. Recommendation
[FR Doc. 2019–22667 Filed 10–16–19; 8:45 am]
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:
Rescission of Countervailing Duty
Administrative Review; 2017
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
The Department of Commerce
(Commerce) is rescinding the
administrative review of the
countervailing duty (CVD) order on
certain magnesia carbon bricks
(magnesia carbon bricks) from the
People’s Republic of China (China) for
the period of review January 1, 2017,
through December 31, 2017 (POR).
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3586.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On September 11, 2018, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative of the CVD order on
magnesia carbon bricks from China for
the POR.1 On October 1, 2018, the
Magnesia Carbon Bricks Fair Trade
Committee (MC Bricks Committee)
timely submitted a request to review the
Companies Subject to Review, in
accordance with 19 CFR 351.213(b).2 No
other party submitted a request for an
administrative review of magnesia
carbon bricks from China for the POR.
On November 15, 2018, Commerce
published in the Federal Register a
notice of initiation of this administrative
review.3 In the Initiation Notice, we
stated that in the event we limited the
number of respondents for individual
examination, we intended to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports of magnesia carbon bricks from
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 45888
(September 11, 2018).
2 See Letter from the MC Bricks Committee,
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China: Request for Administrative
Review,’’ dated October 1, 2018. The MC Bricks
Committee is an ad hoc association comprised of
three U.S. producers of magnesia carbon bricks:
Resco Products, Inc.; Magnesita Refractories
Company; and HarbisonWalker International, Inc.
The Companies Subject to Review are: Fedmet
Resources Corporation (Fedmet); Fengchi Imp. and
Exp. Co., Ltd., Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City, Fengchi Mining Co., Ltd. of
Haicheng City, and Fengchi Refractories Co., of
Haicheng City (collectively, the Fengchi
Companies); Liaoning Zhongmei High Temperature
Material Co., Ltd.; Liaoning Zhongmei Holding Co.,
Ltd.; RHI Refractories Liaoning Co., Ltd.; Shenglong
Refractories Co., Ltd.; Yingkou Heping Samwha
Minerals, Co., Ltd.; and Yingkou Heping Sanhua
Materials Co., Ltd.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
57411 (November 15, 2018) (Initiation Notice).
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China during the POR.4 On December 4,
2018, we notified interested parties that
CBP’s database, which is comprised of
actual U.S. entries of subject
merchandise, indicated that there were
no entries of magnesia carbon bricks
from China that are subject to CVD
duties with respect to the Companies
Subject to Review during the POR.5
Commerce solicited comments from
interested parties on the CBP Entry
Data.6 On December 11, 2018 the MC
Bricks Committee filed timely
comments on the CBP Entry Data stating
that Commerce should obtain CBP entry
information for ‘‘Type-1’’ entries that
were imported or exported by Fedmet
and place that information on the record
as Commerce did in the most-recently
completed administrative review of
magnesia carbon bricks from China.7 On
December 13, 2018, Fedmet and the
Fengchi Companies each submitted
timely certifications of no shipments,
and they both requested that Commerce
rescind the administrative review of the
respective entities.8 In its certification of
no shipments, Fedmet stated that it is a
U.S. importer and distributor of nonsubject merchandise from China and an
importer of various types of refractory
bricks from non-subject sources.9
Fedmet also requested that Commerce
terminate this administrative review
with respect to Fedmet, arguing that the
MC Bricks Committee had no grounds to
request an administrative review of
Fedmet, and that Commerce has no
lawful basis to conduct this review with
respect to Fedmet.10
On June 28, 2019, Commerce
requested that CBP confirm whether any
shipments of magnesia carbon bricks
from China entered the United States
during the POR with respect to the
Companies Subject to Review.11 On this
same day, CBP responded to
4 Id.
at the section, ‘‘Respondent Selection.’’
5 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Magnesia
Carbon Bricks from the People’s Republic of China;
2017: Release of U.S. Customs and Border
Protection (CBP) Data for Respondent Selection,’’
dated December 4, 2018 (CBP Entry Data).
6 Id.
7 See Letter from the MC Bricks Committee,
‘‘Certain Magnesia Carbon Bricks from the People’s
Republic of China: Comments on CBP Data Query,’’
dated December 11, 2018.
8 See Letter from Fedmet, ‘‘Magnesia Carbon
Bricks from the People’s Republic of China, Case
No. C–570–955: No Shipments Certification,’’ dated
December 13, 2018 (Fedmet’s Certification of No
Shipments); see also Letter from the Fengchi
Companies, ‘‘Magnesia Carbon Bricks from the
People’s Republic of China, Case No. C–570–955:
No Shipments Certification,’’ dated December 13,
2018.
9 See Fedmet’s Certification of No Shipments.
10 Id.
11 See CBP message no. 9179316, dated June 28,
2019.
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Commerce’s inquiry and confirmed that
there were no shipments of magnesia
carbon bricks from China during the
POR with respect to the Companies
Subject to Review.12 On September 12,
2019, Commerce issued a memorandum
stating that it intended to rescind this
administrative review based on the lack
of suspended entries with respect to the
Companies Subject to Review, and
invited comments from interested
parties.13 No interested party
commented on Commerce’s intent to
rescind this administrative review.
Rescission of Review
It is Commerce’s practice to rescind
an administrative review of a CVD
order, pursuant to 19 CFR 351.213(d)(3),
when there are no reviewable entries of
subject merchandise during the POR for
which liquidation is suspended.14
Normally, upon completion of an
administrative review, the suspended
entries are liquidated at the assessment
rate calculated for the review period.15
Therefore, for an administrative review
to be conducted, there must be a
reviewable, suspended entry for which
Commerce can instruct CBP to liquidate
at the newly calculated assessment
rate.16 Based on our examination of the
record, we continue to find that there is
no evidence of reviewable entries,
shipments, or U.S. sales of subject
merchandise during the POR.17
Accordingly, in the absence of
suspended entries of subject
merchandise during the POR for this
administrative review, Commerce is
rescinding this administrative review of
the CVD order on magnesia carbon
bricks from China, pursuant to 19 CFR
351.213(d)(3). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
12 See Memorandum, ‘‘Certain magnesia carbon
bricks from the People’s Republic of China (China)
(C–570–955),’’ dated July 2, 2019.
13 See Memorandum, ‘‘Administrative Review of
the Countervailing Duty Order on Certain Magnesia
Carbon Bricks from the People’s Republic of China:
Intent to Rescind the 2017 Administrative Review,’’
dated September 12, 2019 (Intent to Rescind
Memorandum).
14 See, e.g., Circular Welded Carbon Quality Steel
Pipe from the People’s Republic of China:
Rescission of Countervailing Duty Administrative
Review; 2017, 84 FR 14650 (April 11, 2019);
Lightweight Thermal Paper from the People’s
Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review; 2015,
82 FR 14349 (March 20, 2017); and Lightweight
Thermal Paper from the People’s Republic of China:
Notice of Rescission of Countervailing Duty
Administrative Review, 81 FR 50683 (August 2,
2016).
15 See 19 CFR 351.212(b)(2).
16 See, e.g., Certain Magnesia Carbon Bricks from
the People’s Republic of China: Rescission of
Countervailing Duty Administrative Review; 2016,
84 FR 22437 (May 17, 2019).
17 See Intent to Rescind Memorandum.
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Federal Register / Vol. 84, No. 201 / Thursday, October 17, 2019 / Notices
date of publication of this notice in the
Federal Register.
Administrative Protective Order
This notice serves as a reminder to
parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(1) of the Act, and 19
CFR 351.213(d)(4).
Dated: October 8, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2019–22672 Filed 10–16–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–867]
Large Power Transformers From the
Republic of Korea: Preliminary Results
of Antidumping Duty Administrative
Review; 2017–2018
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) preliminarily determines
that both Hyosung Heavy Industries
Corporation (Hyosung) and Hyundai
Electric & Energy Systems Co. (Hyundai)
made sales of subject merchandise at
less than normal value during the
period of review (POR) August 1, 2017
through July 31, 2018. Interested parties
are invited to comment on these
preliminary results.
AGENCY:
DATES:
Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT:
Joshua DeMoss or John Drury, AD/CVD
Operations, Office VI, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3362 or (202) 482–0195,
respectively.
SUPPLEMENTARY INFORMATION:
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Background
Commerce initiated this review on
October 4, 2018.1 We selected two
mandatory respondents in this review,
Hyosung and Hyundai. On January 29,
2019, Commerce exercised its discretion
to toll all deadlines affected by the
partial closure of the Federal
Government from December 22, 2018,
through January 25, 2019.2 On
September 19, 2019, we extended the
deadline for issuing the preliminary
results of the review to October 9, 2019.
For a more detailed description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum, dated
concurrently with these results and
hereby adopted by this notice.3
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 to 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 Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/
index.html. A list of topics discussed in
the Preliminary Decision Memorandum
is attached as an Appendix to this
notice. The signed Preliminary Decision
Memorandum and the electronic
versions of the Preliminary Decision
Memorandum are identical in content.
Scope of the Order
The scope of this order covers large
liquid dielectric power transformers
having a top power handling capacity
greater than or equal to 60,000 kilovolt
amperes (60 megavolt amperes),
whether assembled or unassembled,
complete or incomplete.
The merchandise subject to the order
is currently classified in the
Harmonized Tariff Schedule of the
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
50077 (October 4, 2018) (Initiation Notice).
2 See Memorandum to the Record from Gary
Taverman, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
performing the non-exclusive functions and duties
of the Assistant Secretary for Enforcement and
Compliance, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
3 See Memorandum, ‘‘Decision Memorandum for
Preliminary Results of Antidumping Duty
Administrative Review: Large Power Transformers
from the Republic of Korea; 2017–2018’’
(Preliminary Decision Memorandum), dated
concurrently with this notice.
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55559
United States at subheadings
8504.23.0040, 8504.23.0080 and
8504.90.9540. This tariff classification is
provided for convenience and Customs
purposes; however, the written
description of the scope of the order is
dispositive. For a complete description
of the scope of the order, see the
Preliminary Decision Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a)(2) 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.
Facts Available
Pursuant to section 776(a) of the Act,
Commerce is preliminarily relying upon
facts otherwise available to assign an
estimated weighted-average dumping
margin to Hyundai in this review.
Preliminarily, Commerce finds that
Hyundai withheld necessary
information that was requested by
Commerce, significantly impeded the
review, and provided information that
could not be verified. Further,
Commerce preliminarily determines
that Hyundai failed to cooperate by not
acting to the best of its ability to comply
with requests for information and, thus,
Commerce is applying adverse facts
available (AFA) to Hyundai, in
accordance with section 776(b) of the
Act. For a full description of the
methodology underlying our
conclusions regarding the application of
AFA, see the Preliminary Decision
Memorandum.
Rate for Non-Selected Companies
In accordance with the U.S. Court of
Appeals for the Federal Circuit’s
decision in Albemarle Corp. v. United
States,4 we are applying to the nonselected companies the rate
preliminarily applied to Hyosung in this
administrative review.5 This is the only
rate determined in this review for
individual respondents, and thus we are
preliminarily applying it to the four
non-selected companies. For a detailed
4 See Albemarle Corp. v. United States, 821 F.3d
1345 (Fed. Cir. 2016).
5 See, e.g., Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and Pressure Pipe
(Under 41⁄2 Inches) from Japan: Preliminary Results
of Antidumping Duty Administrative Review and
Preliminary Determination of No Shipments; 2014–
2015, 81 FR 45124, 45124 (July 12, 2016),
unchanged in Certain Small Diameter Carbon and
Alloy Seamless Standard, Line, and Pressure Pipe
(Under 41⁄2 Inches) from Japan: Final Results of
Antidumping Duty Administrative Review and
Final Determination of No Shipments; 2014–2015,
81 FR 80640, 80641 (November 16, 2016).
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]]>Agencies
[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55557-55559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22672]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Rescission of Countervailing Duty Administrative Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 55558]]
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on certain
magnesia carbon bricks (magnesia carbon bricks) from the People's
Republic of China (China) for the period of review January 1, 2017,
through December 31, 2017 (POR).
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative of the CVD order on
magnesia carbon bricks from China for the POR.\1\ On October 1, 2018,
the Magnesia Carbon Bricks Fair Trade Committee (MC Bricks Committee)
timely submitted a request to review the Companies Subject to Review,
in accordance with 19 CFR 351.213(b).\2\ No other party submitted a
request for an administrative review of magnesia carbon bricks from
China for the POR. On November 15, 2018, Commerce published in the
Federal Register a notice of initiation of this administrative
review.\3\ In the Initiation Notice, we stated that in the event we
limited the number of respondents for individual examination, we
intended to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of magnesia carbon bricks from
China during the POR.\4\ On December 4, 2018, we notified interested
parties that CBP's database, which is comprised of actual U.S. entries
of subject merchandise, indicated that there were no entries of
magnesia carbon bricks from China that are subject to CVD duties with
respect to the Companies Subject to Review during the POR.\5\ Commerce
solicited comments from interested parties on the CBP Entry Data.\6\ On
December 11, 2018 the MC Bricks Committee filed timely comments on the
CBP Entry Data stating that Commerce should obtain CBP entry
information for ``Type-1'' entries that were imported or exported by
Fedmet and place that information on the record as Commerce did in the
most-recently completed administrative review of magnesia carbon bricks
from China.\7\ On December 13, 2018, Fedmet and the Fengchi Companies
each submitted timely certifications of no shipments, and they both
requested that Commerce rescind the administrative review of the
respective entities.\8\ In its certification of no shipments, Fedmet
stated that it is a U.S. importer and distributor of non-subject
merchandise from China and an importer of various types of refractory
bricks from non-subject sources.\9\ Fedmet also requested that Commerce
terminate this administrative review with respect to Fedmet, arguing
that the MC Bricks Committee had no grounds to request an
administrative review of Fedmet, and that Commerce has no lawful basis
to conduct this review with respect to Fedmet.\10\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 45888 (September 11, 2018).
\2\ See Letter from the MC Bricks Committee, ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Request for
Administrative Review,'' dated October 1, 2018. The MC Bricks
Committee is an ad hoc association comprised of three U.S. producers
of magnesia carbon bricks: Resco Products, Inc.; Magnesita
Refractories Company; and HarbisonWalker International, Inc. The
Companies Subject to Review are: Fedmet Resources Corporation
(Fedmet); Fengchi Imp. and Exp. Co., Ltd., Fengchi Imp. and Exp.
Co., Ltd. of Haicheng City, Fengchi Mining Co., Ltd. of Haicheng
City, and Fengchi Refractories Co., of Haicheng City (collectively,
the Fengchi Companies); Liaoning Zhongmei High Temperature Material
Co., Ltd.; Liaoning Zhongmei Holding Co., Ltd.; RHI Refractories
Liaoning Co., Ltd.; Shenglong Refractories Co., Ltd.; Yingkou Heping
Samwha Minerals, Co., Ltd.; and Yingkou Heping Sanhua Materials Co.,
Ltd.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\4\ Id. at the section, ``Respondent Selection.''
\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China; 2017: Release of U.S. Customs and Border
Protection (CBP) Data for Respondent Selection,'' dated December 4,
2018 (CBP Entry Data).
\6\ Id.
\7\ See Letter from the MC Bricks Committee, ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Comments on CBP
Data Query,'' dated December 11, 2018.
\8\ See Letter from Fedmet, ``Magnesia Carbon Bricks from the
People's Republic of China, Case No. C-570-955: No Shipments
Certification,'' dated December 13, 2018 (Fedmet's Certification of
No Shipments); see also Letter from the Fengchi Companies,
``Magnesia Carbon Bricks from the People's Republic of China, Case
No. C-570-955: No Shipments Certification,'' dated December 13,
2018.
\9\ See Fedmet's Certification of No Shipments.
\10\ Id.
---------------------------------------------------------------------------
On June 28, 2019, Commerce requested that CBP confirm whether any
shipments of magnesia carbon bricks from China entered the United
States during the POR with respect to the Companies Subject to
Review.\11\ On this same day, CBP responded to Commerce's inquiry and
confirmed that there were no shipments of magnesia carbon bricks from
China during the POR with respect to the Companies Subject to
Review.\12\ On September 12, 2019, Commerce issued a memorandum stating
that it intended to rescind this administrative review based on the
lack of suspended entries with respect to the Companies Subject to
Review, and invited comments from interested parties.\13\ No interested
party commented on Commerce's intent to rescind this administrative
review.
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\11\ See CBP message no. 9179316, dated June 28, 2019.
\12\ See Memorandum, ``Certain magnesia carbon bricks from the
People's Republic of China (China) (C-570-955),'' dated July 2,
2019.
\13\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China: Intent to Rescind the 2017
Administrative Review,'' dated September 12, 2019 (Intent to Rescind
Memorandum).
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Rescission of Review
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\14\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
assessment rate calculated for the review period.\15\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry for which Commerce can instruct CBP to liquidate at the
newly calculated assessment rate.\16\ Based on our examination of the
record, we continue to find that there is no evidence of reviewable
entries, shipments, or U.S. sales of subject merchandise during the
POR.\17\ Accordingly, in the absence of suspended entries of subject
merchandise during the POR for this administrative review, Commerce is
rescinding this administrative review of the CVD order on magnesia
carbon bricks from China, pursuant to 19 CFR 351.213(d)(3). Commerce
intends to issue appropriate assessment instructions to CBP 15 days
after the
[[Page 55559]]
date of publication of this notice in the Federal Register.
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\14\ See, e.g., Circular Welded Carbon Quality Steel Pipe from
the People's Republic of China: Rescission of Countervailing Duty
Administrative Review; 2017, 84 FR 14650 (April 11, 2019);
Lightweight Thermal Paper from the People's Republic of China:
Notice of Rescission of Countervailing Duty Administrative Review;
2015, 82 FR 14349 (March 20, 2017); and Lightweight Thermal Paper
from the People's Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review, 81 FR 50683 (August 2,
2016).
\15\ See 19 CFR 351.212(b)(2).
\16\ See, e.g., Certain Magnesia Carbon Bricks from the People's
Republic of China: Rescission of Countervailing Duty Administrative
Review; 2016, 84 FR 22437 (May 17, 2019).
\17\ See Intent to Rescind Memorandum.
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Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: October 8, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-22672 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-DS-P
