Certain Magnesia Carbon Bricks From the People's Republic of China: Final Determination in Covered Merchandise Inquiry, 28495-28496 [2023-09428]

Download as PDF Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices DEPARTMENT OF COMMERCE from Fedmet Resources Corporation (Fedmet) 2 and the Magnesia Carbon Bricks Fair Trade Committee (Committee).3 For a complete description of the events that followed the Preliminary Results, see the Issues and Decision Memorandum.4 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 https://access.trade.gov. In addition, the Issues and Decision Memorandum can be accessed directly at https:// access.trade.gov/public/ FRNoticesListLayout.aspx. International Trade Administration Scope of the Orders protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. Notification to Interested Parties The amended final results and notice are issued and published in accordance with sections 751(h) and 777(i) of the Act and 19 CFR 351.224(e). Dated: April 28, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2023–09510 Filed 5–3–23; 8:45 am] BILLING CODE 3510–DS–P [A–570–954, C–570–955] Certain Magnesia Carbon Bricks From the People’s Republic of China: Final Determination in Covered Merchandise Inquiry Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) determines that certain refractory brick samples tested by U.S. Customs and Border Protection (CBP) do not reflect the chemical composition of magnesia alumina carbon (MAC) bricks and are covered by the antidumping duty (AD) and countervailing duty (CVD) orders on certain magnesia carbon bricks (bricks) from the People’s Republic of China (China). Additionally, Commerce finds that it is unable to determine whether certain other samples tested by CBP have the chemical composition of a bricks subject to the AD and CVD orders on bricks from China. DATES: Applicable May 4, 2023. FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3860. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: Background On February 17, 2023, Commerce published in the Federal Register the preliminary results of this covered merchandise inquiry, determining that certain refractory bricks are subject to the AD and CVD orders on bricks from China.1 Commerce received comments 1 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Preliminary Results of VerDate Sep<11>2014 18:43 May 03, 2023 Jkt 259001 The merchandise covered by the Orders is magnesia carbon bricks. For a complete description of the scope of the Orders, see the Issues and Decision Memorandum. Merchandise Subject to the Covered Merchandise Inquiry The products subject to this inquiry are certain refractory bricks which were imported by Fedmet. CBP’s laboratories tested 11 samples from these bricks and provided the results of chemical composition tests for the merchandise in its referral to Commerce. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this inquiry are addressed in the Issues and Decision Memorandum. For a list of the issues raised by interested parties and addressed in the Issues and Decision Memorandum, see the Appendix to this notice. Final Determination We determine, pursuant to 19 CFR 351.227(e)(2), that certain bricks tested by CBP laboratories do not constitute (non-subject) MAC bricks and, thus, are Covered Merchandise Inquiry, 88 FR 10292 (February 17, 2023) (Preliminary Results). See also Certain Magnesia Carbon Bricks from Mexico and the People’s Republic of China: Antidumping Duty Orders,75 FR 57257 (September 20, 2010); and Certain Magnesia Carbon Bricks from the People’s Republic of China: Countervailing Duty Order, 75 FR 57442 (September 21, 2010) (collectively, Orders). 2 See Fedmet’s Letter, ‘‘Fedmet’s Case Brief,’’ dated February 28, 2023. 3 See Committee’s Letter, ‘‘Rebuttal Brief,’’ dated March 7, 2023. 4 See Memorandum, ‘‘Decision Memorandum for the Final Determination of Covered Merchandise Inquiry—EAPA Inv. 7412: Certain Magnesia Carbon Bricks from the People’s Republic of China,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 28495 subject to the scope of the Orders. Although we can make such a determination for two of the eleven brick samples, the information on the remaining nine samples is indeterminate regarding the proper scope classification for the underlying products tested by CBP. In reaching this determination, we relied on information placed on the record by the Committee and Fedmet, as well as the documents included with the referral from CBP. For a full description of the analysis underlying our conclusions, see the Issues and Decision Memorandum. Continuation of Suspension of Liquidation As stated above, Commerce has made an affirmative finding that certain of the bricks tested by CBP, which were the subject of this referral from CBP, are subject to the scope of the Orders. This affirmative in-scope finding applies on a country-wide basis, regardless of the producer, exporter, or importer, to all products from the same country with the same relevant physical characteristics as the products at issue that were determined to be within the scope of the Orders. Therefore, in accordance with 19 CFR 351.227(l)(3), Commerce will direct CBP to: (1) continue the suspension of liquidation of previously suspended entries and apply the applicable cash deposit rate; (2) suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption on or after July 20, 2022, the date of publication of the notice of initiation of this covered merchandise inquiry in the Federal Register; and (3) suspend liquidation and require a cash deposit of estimated duties, at the applicable rate, for each unliquidated entry of the product not yet suspended, entered, or withdrawn from warehouse, for consumption prior to July 20, 2022, but after November 4, 2021.5 Customs and Border Protection Notification In accordance with section 517(b)(4)(B) of the Act, we will notify CBP of the final determination in this covered merchandise inquiry. Commerce will direct CBP to assess, upon further instruction by Commerce, AD and CVD duties on all imports of certain refractory bricks having less than 5 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Notice of Covered Merchandise Referral and Initiation of Covered Merchandise Inquiry, 87 FR 43238 (July 20, 2022). E:\FR\FM\04MYN1.SGM 04MYN1 28496 Federal Register / Vol. 88, No. 86 / Thursday, May 4, 2023 / Notices five percent alumina levels upon importation (as measured by a testing protocol that does not create aluminum oxidation in the tested materials, or that accounts for such distortions in the resulting chemical composition analysis) and otherwise meeting the parameters of the scope of the Orders, entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the ‘‘Continuation of Suspension of Liquidation’’ section. Notification Regarding Administrative Protective Order This notice serves as the only 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), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the 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. Notification to Interested Parties This notice is issued and published pursuant to section 517 of the Act and 19 CFR 351.227(e)(2). Dated: April 27, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. Appendix ddrumheller on DSK120RN23PROD with NOTICES1 List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Scope of the Orders IV. Description of Merchandise Subject to This Inquiry V. Discussion of the Issues Comment 1: Whether Commerce Has Impermissibly Modified the Fedmet Ruling Comment 2: Whether Commerce Should Find That None of the Brick Samples Constitute Subject Merchandise VI. Summary VII. Recommendation [FR Doc. 2023–09428 Filed 5–3–23; 8:45 am] BILLING CODE 3510–DS–P VerDate Sep<11>2014 17:12 May 03, 2023 Jkt 259001 DEPARTMENT OF COMMERCE International Trade Administration [C–570–054] Certain Aluminum Foil From the People’s Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Rescission of Review, in Part; 2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that producers and exporters of certain aluminum foil (aluminum foil) from the People’s Republic of China (China) received countervailable subsidies during the period of review (POR), January 1, 2021, through December 31, 2021. DATES: Applicable May 4, 2023. FOR FURTHER INFORMATION CONTACT: Natasia Harrison, 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) 482–1240. SUPPLEMENTARY INFORMATION: AGENCY: Background On June 9, 2022, Commerce published a notice of initiation of an administrative review of the order,1 covering the requested companies.2 As explained below, on September 7, 2022, the Aluminum Association Trade Enforcement Working Group (the petitioners) withdrew their review requests with respect to certain companies.3 On December 8, 2022, Commerce extended the deadline for completion of these preliminary results until no later than April 28, 2023.4 For a complete description of the events that followed the initiation of this review, see the Preliminary Decision Memorandum.5 A list of topics 1 See Certain Aluminum Foil from the People’s Republic of China: Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 83 FR 17360 (April 19, 2018) (Order). 2 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 87 FR 35165 (June 9, 2022) (Initiation Notice). 3 See Petitioners’ Letter, ‘‘Petitioners’ Partial Withdrawal of Requests for Administrative Reviews,’’ dated September 7, 2022 (Petitioners’ Withdrawal of Review Requests). 4 See Memorandum, ‘‘Extension of Deadline for Preliminary Results of Countervailing Duty Administrative Review; 2021,’’ dated December 8, 2022. 5 See Memorandum, ‘‘Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Certain Aluminum Foil PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 discussed in the Preliminary Decision Memorandum is included appendix I to this notice. 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. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Scope of the Order The product covered by the Order is aluminum foil from China. 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)(l)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we preliminarily determine that there is a subsidy, i.e., a financial contribution by an ‘‘authority’’ that gives rise to a benefit to the recipient, and that the subsidy is specific.6 For a full description of the methodology underlying our conclusions, see the accompanying Preliminary Decision Memorandum. Commerce notes that, in making these findings, it relied, in part, on facts available and, because it finds that the Government of China did not act to the best of its ability to respond to Commerce’s requests for certain information, it drew an adverse inference, where appropriate, in selecting from among the facts otherwise available. For further information, see the Preliminary Decision Memorandum at ‘‘Use of Facts Otherwise Available and Adverse Inferences.’’ The subsidy rate calculated in these preliminary results for the mandatory respondent reflects an entered value adjustment.7 Rescission of Administrative Review, in Part Pursuant to 19 CFR 351.213(d)(1), Commerce will rescind an from the People’s Republic of China; 2021,’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). 6 See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and section 771(5A) of the Act regarding specificity. 7 See Preliminary Decision Memorandum at ‘‘Entered Value Adjustment,’’ for a discussion of the methodology. E:\FR\FM\04MYN1.SGM 04MYN1

Agencies

[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28495-28496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09428]


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DEPARTMENT OF COMMERCE

International Trade Administration

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


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Final Determination in Covered Merchandise Inquiry

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) determines that 
certain refractory brick samples tested by U.S. Customs and Border 
Protection (CBP) do not reflect the chemical composition of magnesia 
alumina carbon (MAC) bricks and are covered by the antidumping duty 
(AD) and countervailing duty (CVD) orders on certain magnesia carbon 
bricks (bricks) from the People's Republic of China (China). 
Additionally, Commerce finds that it is unable to determine whether 
certain other samples tested by CBP have the chemical composition of a 
bricks subject to the AD and CVD orders on bricks from China.

DATES: Applicable May 4, 2023.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3860.

SUPPLEMENTARY INFORMATION: 

Background

    On February 17, 2023, Commerce published in the Federal Register 
the preliminary results of this covered merchandise inquiry, 
determining that certain refractory bricks are subject to the AD and 
CVD orders on bricks from China.\1\ Commerce received comments from 
Fedmet Resources Corporation (Fedmet) \2\ and the Magnesia Carbon 
Bricks Fair Trade Committee (Committee).\3\ For a complete description 
of the events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\4\
---------------------------------------------------------------------------

    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Preliminary Results of Covered Merchandise 
Inquiry, 88 FR 10292 (February 17, 2023) (Preliminary Results). See 
also Certain Magnesia Carbon Bricks from Mexico and the People's 
Republic of China: Antidumping Duty Orders,75 FR 57257 (September 
20, 2010); and Certain Magnesia Carbon Bricks from the People's 
Republic of China: Countervailing Duty Order, 75 FR 57442 (September 
21, 2010) (collectively, Orders).
    \2\ See Fedmet's Letter, ``Fedmet's Case Brief,'' dated February 
28, 2023.
    \3\ See Committee's Letter, ``Rebuttal Brief,'' dated March 7, 
2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final 
Determination of Covered Merchandise Inquiry--EAPA Inv. 7412: 
Certain Magnesia Carbon Bricks from the People's Republic of 
China,'' dated concurrently with, and hereby adopted by, this notice 
(Issues and Decision Memorandum).
---------------------------------------------------------------------------

    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 https://access.trade.gov. In 
addition, the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

Scope of the Orders

    The merchandise covered by the Orders is magnesia carbon bricks. 
For a complete description of the scope of the Orders, see the Issues 
and Decision Memorandum.

Merchandise Subject to the Covered Merchandise Inquiry

    The products subject to this inquiry are certain refractory bricks 
which were imported by Fedmet. CBP's laboratories tested 11 samples 
from these bricks and provided the results of chemical composition 
tests for the merchandise in its referral to Commerce.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this inquiry are addressed in the Issues and 
Decision Memorandum. For a list of the issues raised by interested 
parties and addressed in the Issues and Decision Memorandum, see the 
Appendix to this notice.

Final Determination

    We determine, pursuant to 19 CFR 351.227(e)(2), that certain bricks 
tested by CBP laboratories do not constitute (non-subject) MAC bricks 
and, thus, are subject to the scope of the Orders. Although we can make 
such a determination for two of the eleven brick samples, the 
information on the remaining nine samples is indeterminate regarding 
the proper scope classification for the underlying products tested by 
CBP. In reaching this determination, we relied on information placed on 
the record by the Committee and Fedmet, as well as the documents 
included with the referral from CBP. For a full description of the 
analysis underlying our conclusions, see the Issues and Decision 
Memorandum.

Continuation of Suspension of Liquidation

    As stated above, Commerce has made an affirmative finding that 
certain of the bricks tested by CBP, which were the subject of this 
referral from CBP, are subject to the scope of the Orders. This 
affirmative in-scope finding applies on a country-wide basis, 
regardless of the producer, exporter, or importer, to all products from 
the same country with the same relevant physical characteristics as the 
products at issue that were determined to be within the scope of the 
Orders. Therefore, in accordance with 19 CFR 351.227(l)(3), Commerce 
will direct CBP to: (1) continue the suspension of liquidation of 
previously suspended entries and apply the applicable cash deposit 
rate; (2) suspend liquidation and require a cash deposit of estimated 
duties, at the applicable rate, for each unliquidated entry of the 
product not yet suspended, entered, or withdrawn from warehouse, for 
consumption on or after July 20, 2022, the date of publication of the 
notice of initiation of this covered merchandise inquiry in the Federal 
Register; and (3) suspend liquidation and require a cash deposit of 
estimated duties, at the applicable rate, for each unliquidated entry 
of the product not yet suspended, entered, or withdrawn from warehouse, 
for consumption prior to July 20, 2022, but after November 4, 2021.\5\
---------------------------------------------------------------------------

    \5\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Notice of Covered Merchandise Referral and 
Initiation of Covered Merchandise Inquiry, 87 FR 43238 (July 20, 
2022).
---------------------------------------------------------------------------

Customs and Border Protection Notification

    In accordance with section 517(b)(4)(B) of the Act, we will notify 
CBP of the final determination in this covered merchandise inquiry. 
Commerce will direct CBP to assess, upon further instruction by 
Commerce, AD and CVD duties on all imports of certain refractory bricks 
having less than

[[Page 28496]]

five percent alumina levels upon importation (as measured by a testing 
protocol that does not create aluminum oxidation in the tested 
materials, or that accounts for such distortions in the resulting 
chemical composition analysis) and otherwise meeting the parameters of 
the scope of the Orders, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
Timely written notification of the 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.

Notification to Interested Parties

    This notice is issued and published pursuant to section 517 of the 
Act and 19 CFR 351.227(e)(2).

    Dated: April 27, 2023.
Lisa W. Wang,
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. Description of Merchandise Subject to This Inquiry
V. Discussion of the Issues
    Comment 1: Whether Commerce Has Impermissibly Modified the 
Fedmet Ruling
    Comment 2: Whether Commerce Should Find That None of the Brick 
Samples
    Constitute Subject Merchandise
VI. Summary
VII. Recommendation

[FR Doc. 2023-09428 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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