Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders, 24847-24848 [2021-09801]

Download as PDF Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices DEPARTMENT OF COMMERCE International Trade Administration [A–201–837; A–570–954] Certain Magnesia Carbon Bricks From Mexico and the People’s Republic of China: Final Results of the Expedited Second Sunset Reviews of the Antidumping Duty Orders Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of these expedited sunset reviews, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) orders on certain magnesia carbon bricks (MCBs) from Mexico and the People’s Republic of China (China) would be likely to lead to the continuation or recurrence of dumping at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. AGENCY: Applicable May 10, 2021. Amaris Wade, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3874. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION: Background On September 20, 2010, Commerce published the AD orders on MCBs from China and Mexico.1 On January 4, 2021, Commerce published the notice of initiation of the second sunset reviews of the AD Orders, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 In January 2021, Commerce received notices of intent to participate within the 15-day deadline specified in 19 CFR 351.218(d)(1)(i) from the Magnesia Carbon Bricks Fair Trade Committee (the Committee), an association comprised of three U.S. producers of MCBs: Resco Products, Inc.; Magnesita Refractories Company; and HarbisonWalker International, Inc.3 The Committee claimed interested party status under section 771(9)(E) of the Act, as each member of the Committee khammond on DSKJM1Z7X2PROD with NOTICES 1 See Certain Magnesia Carbon Bricks from Mexico and the People’s Republic of China: Antidumping Duty Orders, 75 FR 57257 (September 20, 2010) (AD Orders). 2 See Initiation of Five-Year (Sunset) Reviews, 86 FR 60 (January 4, 2021). 3 See Committee’s Letter, ‘‘Domestic Industry’s Notice of Intent To Participate In Sunset Review,’’ dated January 14, 2021; see also ‘‘Domestic Industry’s Notice of Intent To Participate In Sunset Review,’’ dated January 14, 2021. VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 is a manufacturer of the domestic like product. On February 2, 2021, Commerce received adequate substantive responses to the notice of initiation from the Committee within the 30-day deadline specified in 19 CFR 351.218(d)(3).4 We received no substantive response from respondent interested parties with respect to either of the orders covered by these sunset reviews. On February 22, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.5 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted expedited (120-day) sunset reviews of the AD Orders. Scope of the Orders The scope of these orders includes certain chemically-bonded (resin or pitch), magnesia carbon bricks with a magnesia component of at least 70 percent magnesia (MgO) by weight, regardless of the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements (for example, magnesia carbon bricks 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 magnesia carbon bricks that are the subject of these orders 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. Analysis of Comments Received All issues raised in these sunset reviews are addressed in the Issues and Decision Memorandum.6 The issues 4 See Committee’s Letter, ‘‘Domestic Industry’s Substantive Response,’’ dated February 2, 2021; see also Committee’s Letter, ‘‘Domestic Industry’s Substantive Response,’’ dated February 2, 2021. 5 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on January 4, 2021,’’ dated February 22, 2021. 6 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Reviews of the Antidumping Duty Orders on Certain Magnesia Carbon Bricks from Mexico and the People’s Republic of China,’’ dated concurrently PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 24847 discussed in the Issues and Decision Memorandum are the likelihood of continuation or recurrence of dumping and the magnitude of the dumping margin likely to prevail if the orders were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn. Final Results of Reviews Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Orders would be likely to lead to the continuation or recurrence of dumping at weighted-average dumping margins up to 236 percent for China and up to 57.90 percent for Mexico. Administrative Protective Order (APO) This notice also serves as the only reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely notification of the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties We are issuing and publishing the final results and this notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218. Dated: May 3, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. History of the Orders V. Legal Framework VI. Discussion of the Issues with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\10MYN1.SGM 10MYN1 24848 Federal Register / Vol. 86, No. 88 / Monday, May 10, 2021 / Notices 1. Likelihood of Continuation or Recurrence of Dumping 2. Magnitude of the Dumping Margins Likely to Prevail VII. Final Results of Sunset Reviews VIII. Recommendation [FR Doc. 2021–09801 Filed 5–7–21; 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: Final Results of the Expedited Second FiveYear Sunset Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (Commerce) finds that revocation of the countervailing duty (CVD) order on certain magnesia carbon bricks (bricks) from the People’s Republic of China (China) would be likely to lead to continuation or recurrence of countervailable subsidies at the levels indicated in the ‘‘Final Results of Review’’ section of this notice. DATES: Applicable May 10, 2021. FOR FURTHER INFORMATION CONTACT: Mark Hoadley, 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) 482–3148. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 21, 2010, Commerce published its CVD order on bricks from China in the Federal Register.1 On January 4, 2021, Commerce published the notice of initiation of the second sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2 Commerce received a notice of intent to participate from Magnesia Carbon Bricks Fair Trade Committee (the Committee), an ad hoc association of U.S. producers of magnesia carbon bricks, within the deadline specified in 19 CFR 351.218(d)(1)(i).3 The Committee claimed interested party status under section 771(9)(E) of the Act, as a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States and stated that each member of the Committee is a manufacturer of the domestic like product and thus, are domestic interested parties pursuant to section 771(9)(C) of the Act.4 Commerce received a substantive response from the Committee 5 within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive response from any other domestic or interested parties in this proceeding, nor was a hearing requested. On February 22, 2021, Commerce notified the U.S. International Trade Commission (ITC) that it did not receive an adequate substantive response from respondent interested parties.6 As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce conducted an expedited (120-day) sunset review of this Order. Scope of the Order The merchandise subject to this Order includes certain chemically-bonded (resin or pitch), magnesia carbon bricks. Certain magnesia carbon bricks that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the merchandise covered by the scope of the Order is dispositive. For a complete description of the scope of the Order, see the accompanying Issues and Decision Memorandum.7 Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via the Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http:// access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the internet at http:// enforcement.trade.gov/frn/. Final Results of Sunset Review Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine that revocation of the CVD order on bricks from China would be likely to lead to continuation or recurrence of countervailable subsidies at the following rates: Net countervailable subsidy (percent) Manufacturers/producers/exporters khammond on DSKJM1Z7X2PROD with NOTICES RHI Refractories Liaoning Co., Ltd. (RHIL), RHI Refractories (Dailian) Co., Ltd. (RHID), and Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ) (collectively, RHI) ............................................................................................................................................. Liaoning Mayerton Refractories (LMR) and Dalian Mayerton Refractories Co. Ltd. (DMR) (collectively, Mayerton) .................. All Others ....................................................................................................................................................................................... 1 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (Order). 2 See Initiation of Five-Year (Sunset) Review, 86 FR 60 (January 4, 2021). 3 See Committee’s Letter, ‘‘Second Five-Year (‘‘Sunset’’) Review the Countervailing Duty Order On Magnesia Carbon Bricks From The People’s Republic of China: Domestic Industry’s Notice Of VerDate Sep<11>2014 19:05 May 07, 2021 Jkt 253001 Intent To Participate In Sunset Review,’’ dated January 14, 2021. 4 Id. 5 See Committee’s Letter, ‘‘Second Five-Year (Sunset) Review of the Countervailing Duty Order On Magnesia Carbon Bricks From The People’s Republic Of China: Domestic Industry’s Substantive Response,’’ dated February 2, 2021. PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 3.00 253.87 3.00 6 See Commerce’s Letter, ‘‘Sunset Reviews Initiated on January 4, 2021,’’ dated February 22, 2021. 7 See Memorandum, ‘‘Issues and Decision Memorandum for the Expedited Second Sunset Review of the Countervailing Duty Order on Magnesia Carbon Bricks from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24847-24848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09801]



[[Page 24847]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-837; A-570-954]


Certain Magnesia Carbon Bricks From Mexico and the People's 
Republic of China: Final Results of the Expedited Second Sunset Reviews 
of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the Department 
of Commerce (Commerce) finds that revocation of the antidumping duty 
(AD) orders on certain magnesia carbon bricks (MCBs) from Mexico and 
the People's Republic of China (China) would be likely to lead to the 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable May 10, 2021.

FOR FURTHER INFORMATION: Amaris Wade, AD/CVD Operations, Office II, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3874.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2010, Commerce published the AD orders on MCBs 
from China and Mexico.\1\ On January 4, 2021, Commerce published the 
notice of initiation of the second sunset reviews of the AD Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ In January 2021, Commerce received notices of intent to 
participate within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i) from the Magnesia Carbon Bricks Fair Trade Committee 
(the Committee), an association comprised of three U.S. producers of 
MCBs: Resco Products, Inc.; Magnesita Refractories Company; and 
HarbisonWalker International, Inc.\3\ The Committee claimed interested 
party status under section 771(9)(E) of the Act, as each member of the 
Committee is a manufacturer of the domestic like product.
---------------------------------------------------------------------------

    \1\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 57257 
(September 20, 2010) (AD Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 60 
(January 4, 2021).
    \3\ See Committee's Letter, ``Domestic Industry's Notice of 
Intent To Participate In Sunset Review,'' dated January 14, 2021; 
see also ``Domestic Industry's Notice of Intent To Participate In 
Sunset Review,'' dated January 14, 2021.
---------------------------------------------------------------------------

    On February 2, 2021, Commerce received adequate substantive 
responses to the notice of initiation from the Committee within the 30-
day deadline specified in 19 CFR 351.218(d)(3).\4\ We received no 
substantive response from respondent interested parties with respect to 
either of the orders covered by these sunset reviews.
---------------------------------------------------------------------------

    \4\ See Committee's Letter, ``Domestic Industry's Substantive 
Response,'' dated February 2, 2021; see also Committee's Letter, 
``Domestic Industry's Substantive Response,'' dated February 2, 
2021.
---------------------------------------------------------------------------

    On February 22, 2021, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted expedited (120-day) sunset reviews of the AD Orders.
---------------------------------------------------------------------------

    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on January 
4, 2021,'' dated February 22, 2021.
---------------------------------------------------------------------------

Scope of the Orders

    The scope of these orders includes certain chemically-bonded (resin 
or pitch), magnesia carbon bricks with a magnesia component of at least 
70 percent magnesia (MgO) by weight, regardless of the source of raw 
materials for the MgO, with carbon levels ranging from trace amounts to 
30 percent by weight, regardless of enhancements (for example, magnesia 
carbon bricks 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 magnesia carbon bricks that are the subject of these orders 
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.

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum.\6\ The issues discussed in the Issues 
and Decision Memorandum are the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the orders were revoked. The Issues and Decision Memorandum 
is a public document and is on file electronically via Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). ACCESS is available to registered users at 
http://access.trade.gov. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn.
---------------------------------------------------------------------------

    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Reviews of the Antidumping Duty Orders on 
Certain Magnesia Carbon Bricks from Mexico and the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------

Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Orders would be likely to 
lead to the continuation or recurrence of dumping at weighted-average 
dumping margins up to 236 percent for China and up to 57.90 percent for 
Mexico.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective orders is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: May 3, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Issues and Decision Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues

[[Page 24848]]

    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2021-09801 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-DS-P