Certain Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022, 34825-34827 [2023-11472]
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Notices
and subsection 552b(c)(9)(B), which
permits closure to protect
information that would be likely to
significantly frustrate
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guidance regarding U.S.
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The open session will be accessible
via teleconference. To join the
conference, submit inquiries to Ms.
Yvette Springer at Yvette.Springer@
bis.doc.gov, no later than June 13, 2023.
A limited number of seats will be
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Reservations are not accepted. To the
extent time permits, members of the
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distribution of public presentation
materials to Committee members, the
Committee suggests that presenters
forward the public presentation
materials prior to the meeting to Ms.
Springer.
The Assistant Secretary for
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the delegate of the General Counsel,
formally determined on April 24, 2023,
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For more information, contact Ms.
Springer via email.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2023–11446 Filed 5–30–23; 8:45 am]
BILLING CODE 3510–JT–P
DEPARTMENT OF COMMERCE
International Trade Administration
lotter on DSK11XQN23PROD with NOTICES1
[A–570–954]
Certain Magnesia Carbon Bricks From
the People’s Republic of China:
Preliminary Results of Antidumping
Duty Administrative Review; 2021–
2022
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
AGENCY:
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16:50 May 30, 2023
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determines that the 38 companies
subject to this administrative review of
the antidumping duty order on certain
magnesia carbon bricks (bricks) from the
People’s Republic of China (China) are
part of the China-wide entity because
none filed a separate rate application
(SRA) or a separate rate certification
(SRC). The period of review (POR) is
September 1, 2021, through August 31,
2022. We invite interested parties to
comment on these preliminary results.
DATES: Applicable May 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Nathan James, 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) 482–5305.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce
published in the Federal Register a
notice of opportunity to request an
administrative review of the
antidumping duty order on bricks from
China 1 for the POR.2 On November 3,
2022, in response to a timely request
from the Magnesia Carbon Bricks Fair
Trade Committee (the petitioner),3 we
initiated an administrative review of the
Order with respect to 38 companies.4
On November 30, 2022, we placed on
the record U.S. Customs and Border
Protection (CBP) entry data under
administrative protective order (APO)
for all interested parties with APO
access.5 The deadline for interested
parties to submit a no-shipment
certification, SRA, or SRC was
December 5, 2022.6 No party submitted
1 See Certain Magnesia Carbon Bricks from
Mexico and the People’s Republic of China:
Antidumping Duty Orders, 75 FR 57257 (September
20, 2010) (Order).
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 87 FR 53719
(September 1, 2022).
3 See Petitioner’s Letter, ‘‘Request for
Administrative Review,’’ dated September 30, 2022.
4 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 87 FR
66275 (November 3, 2022) (Initiation Notice); see
also the appendix to this notice.
5 See Memorandum, ‘‘Placing Customs Data on
the Record,’’ dated November 30, 2022.
6 See Initiation Notice, 87 FR 66275–76 (‘‘If a
producer or exporter named in this notice of
initiation had no exports, sales, or entries during
the period of review (POR), it must notify
Commerce within 30 days of publication of this
notice in the Federal Register. . . . Separate Rate
Applications are due to Commerce no later than 30
calendar days after publication of this Federal
Register notice.’’). Thirty calendar days after the
Initiation Notice published was Saturday, December
3, 2022. Commerce’s practice dictates that, where
a deadline falls on a weekend or federal holiday,
the appropriate deadline is the next business day.
PO 00000
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Fmt 4703
Sfmt 4703
34825
a no-shipment certification, SRA, or
SRC.
Scope of the Order
The scope of the Order 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 subject to the 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.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(B) of the Tariff
Act of 1930, as amended (the Act) and
19 CFR 351.213.
Preliminary Results of Review
The 38 companies subject to this
review did not file no-shipment
certifications, SRAs, or SRCs. Thus,
Commerce preliminarily determines
that these companies have not
demonstrated their eligibility for
separate rate status. As such, Commerce
also preliminarily determines that the
companies subject to review are part of
the China-wide entity.
In addition, Commerce no longer
considers the non-market economy
(NME) entity as an exporter
conditionally subject to an antidumping
duty administrative review.7
Accordingly, the NME entity will not be
under review unless Commerce
See Notice of Clarification: Application of ‘‘Next
Business Day’’ Rule for Administrative
Determination Deadlines Pursuant to the Tariff Act
of 1930, As Amended, 70 FR 24533 (May 10, 2005).
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Non-Market Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65970 (November 4, 2013).
E:\FR\FM\31MYN1.SGM
31MYN1
34826
Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Notices
specifically receives a request for, or
self-initiates, a review of the NME
entity. In this administrative review, no
party requested a review of the Chinawide entity and we have not selfinitiated a review of the China-wide
entity. Because no review of the Chinawide entity is being conducted, the
China-wide entity’s entries are not
subject to the review, and the rate
applicable to the NME entity is not
subject to change as a result of this
review. The China-wide entity rate is
236.00 percent.8
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments, filed electronically via
Enforcement and Compliance’s
Antidumping Duty and Countervailing
Duty Centralized Electronic Service
System (ACCESS), within 30 days after
the date of publication of these
preliminary results of review.9 ACCESS
is available to registered users at https://
access.trade.gov. Rebuttal briefs, limited
to issues raised in the case briefs, must
be filed within seven days after the time
limit for filing case briefs.10 Parties who
submit case or rebuttal briefs in this
proceeding are requested to submit with
each argument a statement of the issue,
a brief summary of the argument, and a
table of authorities.11 Note that
Commerce has temporarily modified
certain portions of its requirements for
serving documents containing business
proprietary information, until further
notice.12
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance within 30
days of the date of publication of this
notice.13 Requests should contain: (1)
the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. 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, parties
will be notified of the time and date for
the hearing to be held.14 Commerce
8 See
Order, 75 FR at 57258.
19 CFR 351.309(c)(1)(ii).
10 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to COVID–19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020)
(Temporary Rule).
11 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
12 See Temporary Rule, 85 FR at 41363.
13 See 19 CFR 351.310(c).
14 See 19 CFR 310(d).
lotter on DSK11XQN23PROD with NOTICES1
9 See
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16:50 May 30, 2023
Jkt 259001
intends to issue the final results of this
administrative review, which will
include the results of our analysis of all
issues raised in the case briefs, within
120 days of publication of these
preliminary results in the Federal
Register, unless extended, pursuant to
section 751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, antidumping
duties on all appropriate entries covered
by this review.15 We intend to instruct
CBP to liquidate entries containing
subject merchandise exported by the
companies under review that we
determine in the final results to be part
of the China-wide entity at the Chinawide entity rate of 236.00 percent.16
Commerce intends to issue
assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication).
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 review, as
provided for by section 751(a)(2)(C) of
the Act: (1) for previously-investigated
or reviewed Chinese and non-Chinese
exporters which are not under review in
this segment of the proceeding but
which have separate rates, the cash
deposit rate will continue to be the
exporter-specific rate published for the
most recent period; (2) for all Chinese
exporters of subject merchandise that
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the China-wide rate of 236.00
percent; and (3) for all non-Chinese
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to Chinese exporter(s) that
supplied that non-Chinese exporter.
These cash deposit requirements, when
See 19 CFR 351.212(b)(1).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
15
16 For
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a
preliminary reminder to importers of
their responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping and/or countervailing
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of
antidumping and/or countervailing
duties occurred and the subsequent
assessment of double antidumping
duties, and/or an increase in the amount
of antidumping duties by the amount of
countervailing duties.
Notification to Interested Parties
We are issuing and publishing these
preliminary results in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act, and 19 CFR 351.213(h) and 19 CFR
351.221(b)(4).
Dated: May 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Appendix
Companies Subject to This Administrative
Review
1. Autong Industry Co., Ltd
2. Dandong Xinxing Carbon Co., Ltd
3. Fedmet Resources Corporation
4. Fengchi Imp. and Exp. Co., Ltd
5. Fengchi Imp. and Exp. Co., Ltd. of
Haicheng City
6. Fengchi Mining Co., Ltd. of Haicheng City
7. Fengchi Refractories Co., of Haicheng City
8. FRC Global Inc
9. Haicheng Donghe Taidi Refractory Co., Ltd
10. Henan Xintuo Refractory Co., Ltd
11. Liaoning Fucheng Refractories
12. Liaoning Zhongmei High Temperature
Material Co., Ltd
13. Liaoning Zhongmei Holding Co., Ltd
14. PRCO America Inc
15. Puyang Refractories Co., Ltd
16. Puyang Refractories Group Co., Ltd
17. Qingdao Wonjin Special Refractory
Material Co., Ltd
18. RHI Refractories Liaoning Co., Ltd
19. Shandong Minye Refractory Fibre Co.,
Ltd
20. Shanxi Xinrong International Trade Co.,
Ltd
21. Shenglong Refractories Co., Ltd
22. SL Refractories LLC
23. Tangshan Strong Refractories Co., Ltd
24. The Economic Trading Group Of
Haicheng Houying Corp. Ltd
25. Tianjin New Century Refractories Co., Ltd
26. Wonjin Refractory Co., Ltd
27. Xinyi New Century Refractories Co., Ltd
28. Yingkou Guangyang Refractories Co., Ltd
29. Yingkou Heping Samwha Minerals, Co.,
Ltd
E:\FR\FM\31MYN1.SGM
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Federal Register / Vol. 88, No. 104 / Wednesday, May 31, 2023 / Notices
30. Yingkou Heping Sanhua Materials Co.,
Ltd
31. Yingkou Hongyu Wonjin Refractory
Material Co., Ltd
32. Yingkou Jiamei Refractories Co., Ltd
33. Yingkou Mei’ao Mining Product Co., Ltd
34. Zhengzhou Rongsheng Refractory Co., Ltd
35. Zibo Fubang Wonjin Refractory
Technology Co., Ltd
36. Zibo Hengsen Refractory Co., Ltd
37. Zibo Hitech Material Co., Ltd
38. Zibo Jiuqiang Refractory Co., Ltd
[FR Doc. 2023–11472 Filed 5–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–147]
Paper File Folders From the People’s
Republic of China: Postponement of
Final Determination in the Less-ThanFair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is postponing
the deadline for issuing the final
determination in the less-than-fair-value
investigation of paper file folders from
the People’s Republic of China (China)
until September 29, 2023, and is
extending the provisional measures
from a four-month period to a six-month
period.
DATES: Applicable May 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Zachariah Hall, AD/CVD Operations
VIII, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–6261.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
lotter on DSK11XQN23PROD with NOTICES1
Commerce published the notice of
initiation of this investigation on
November 8, 2022.1 The period of
investigation is April 1, 2022, through
September 30, 2022. On May 17, 2023,
Commerce preliminarily determined
that paper file folders from China are
being, or are likely to be, sold in the
United States at less than fair value.2
1 See Paper File Folders from the People’s
Republic of China, India, and the Socialist Republic
of Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 87 FR 67441 (November 8, 2022)
(Initiation Notice).
2 See Paper File Folders from the People’s
Republic of China: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, 88
FR 31485 (May 17, 2023) (Preliminary
Determination).
VerDate Sep<11>2014
16:50 May 30, 2023
Jkt 259001
Postponement of Final Determination
and Extension of Provisional Measures
Section 735(a)(2) of the Tariff Act of
1930, as amended (the Act), and 19 CFR
351.210(b)(2) provide that a final
determination may be postponed until
not later than 135 days after the date of
the publication of the preliminary
determination if, in the event of an
affirmative preliminary determination, a
request for such postponement is made
by exporters who account for a
significant proportion of exports of the
subject merchandise, or in the event of
a negative preliminary determination, a
request for such postponement is made
by the petitioner.3 Pursuant to 19 CFR
351.210(e)(2), Commerce requires that
requests by respondents for
postponement of a final antidumping
determination be accompanied by a
request for extension of provisional
measures from a four-month period to a
period not more than six months in
duration.
On May 12, 2023, pursuant to 19 CFR
351.210(e), mandatory respondents
CRE8 Direct (Ningbo) Co., Ltd. (CRE8
Direct) and Ningbo Guangbo Import &
Export Co., Ltd. (Guangbo) requested
that Commerce postpone the final
determination and that provisional
measures be extended to a period not to
exceed six months.4 In accordance with
section 735(a)(2)(A) of the Act and 19
CFR 351.210(b)(2)(ii), because: (1) the
preliminary determination is
affirmative; (2) the requesting exporters
account for a significant proportion of
exports of the subject merchandise; and
(3) no compelling reasons for denial
exist, Commerce is postponing the final
determination and extending the
provisional measures from a four-month
period to a period not greater than six
months. Accordingly, Commerce’s final
determination will be issued no later
than 135 days after the date of
publication of the Preliminary
Determination.
Notification to Interested Parties
This notice is issued and published
pursuant to section 735(a)(2) of the Act
and 19 CFR 351.210(g).
3 The petitioner is the Coalition of Domestic
Folder Manufacturers. The members of the
Coalition of Domestic Folder Manufacturers are:
Smead Manufacturing Company, Inc.; and TOPS
Products LLC.
4 See CRE8 Direct and Guangbo’s Letter, ‘‘Request
to Extend Final Determination,’’ dated May 12,
2023.
PO 00000
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Fmt 4703
Sfmt 4703
34827
Dated: May 24, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
[FR Doc. 2023–11474 Filed 5–30–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–869, A–570–150, A–428–851, A–421–
816, A–580–915, A–583–870, A–489–848, A–
412–827]
Tin Mill Products From Canada, the
People’s Republic of China, Germany,
the Netherlands, the Republic of
Korea, Taiwan, the Republic of Turkey,
and the United Kingdom:
Postponement of Preliminary
Determinations in the Less-Than-FairValue Investigations
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
DATES:
Applicable May 31, 2023.
FOR FURTHER INFORMATION CONTACT:
Yang Jin Chun (Canada), Emily Halle
(the People’s Republic of China
(China)), George McMahon (Germany),
Brittany Bauer (the Netherlands), Fred
Baker (the Republic of Korea (Korea)),
Jacob Saude (Taiwan), Alice Maldonado
(the Republic of Turkey (Turkey)), and
Charles DeFilippo (the United
Kingdom), AD/CVD Operations, Offices
II, V, VI, and VII, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5760, (202) 482–0176, (202)
482–1167, (202) 482–3860, (202) 482–
2924, (202) 482–0981, (202) 482–4682,
and (202) 482–3979, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 7, 2023, the U.S.
Department of Commerce (Commerce)
initiated less-than-fair-value (LTFV)
investigations of imports of tin mill
products from Canada, China, Germany,
the Netherlands, Korea, Taiwan, Turkey,
and the United Kingdom.1 Currently,
the preliminary determinations are due
no later than June 27, 2023.
1 See Tin Mill Products from Canada, the People’s
Republic of China, Germany, the Netherlands, the
Republic of Korea, Taiwan, the Republic of Turkey,
and the United Kingdom: Initiation of Less-ThanFair-Value Investigations, 88 FR 9481 (February 14,
2023).
E:\FR\FM\31MYN1.SGM
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Agencies
[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34825-34827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11472]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Preliminary Results of Antidumping Duty Administrative Review;
2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the 38 companies subject to this administrative review
of the antidumping duty order on certain magnesia carbon bricks
(bricks) from the People's Republic of China (China) are part of the
China-wide entity because none filed a separate rate application (SRA)
or a separate rate certification (SRC). The period of review (POR) is
September 1, 2021, through August 31, 2022. We invite interested
parties to comment on these preliminary results.
DATES: Applicable May 31, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2022, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the
antidumping duty order on bricks from China \1\ for the POR.\2\ On
November 3, 2022, in response to a timely request from the Magnesia
Carbon Bricks Fair Trade Committee (the petitioner),\3\ we initiated an
administrative review of the Order with respect to 38 companies.\4\
---------------------------------------------------------------------------
\1\ See Certain Magnesia Carbon Bricks from Mexico and the
People's Republic of China: Antidumping Duty Orders, 75 FR 57257
(September 20, 2010) (Order).
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 87 FR 53719 (September 1, 2022).
\3\ See Petitioner's Letter, ``Request for Administrative
Review,'' dated September 30, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation
Notice); see also the appendix to this notice.
---------------------------------------------------------------------------
On November 30, 2022, we placed on the record U.S. Customs and
Border Protection (CBP) entry data under administrative protective
order (APO) for all interested parties with APO access.\5\ The deadline
for interested parties to submit a no-shipment certification, SRA, or
SRC was December 5, 2022.\6\ No party submitted a no-shipment
certification, SRA, or SRC.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Placing Customs Data on the Record,''
dated November 30, 2022.
\6\ See Initiation Notice, 87 FR 66275-76 (``If a producer or
exporter named in this notice of initiation had no exports, sales,
or entries during the period of review (POR), it must notify
Commerce within 30 days of publication of this notice in the Federal
Register. . . . Separate Rate Applications are due to Commerce no
later than 30 calendar days after publication of this Federal
Register notice.''). Thirty calendar days after the Initiation
Notice published was Saturday, December 3, 2022. Commerce's practice
dictates that, where a deadline falls on a weekend or federal
holiday, the appropriate deadline is the next business day. See
Notice of Clarification: Application of ``Next Business Day'' Rule
for Administrative Determination Deadlines Pursuant to the Tariff
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
---------------------------------------------------------------------------
Scope of the Order
The scope of the Order 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 subject to the 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.
Methodology
Commerce is conducting this administrative review in accordance
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.213.
Preliminary Results of Review
The 38 companies subject to this review did not file no-shipment
certifications, SRAs, or SRCs. Thus, Commerce preliminarily determines
that these companies have not demonstrated their eligibility for
separate rate status. As such, Commerce also preliminarily determines
that the companies subject to review are part of the China-wide entity.
In addition, Commerce no longer considers the non-market economy
(NME) entity as an exporter conditionally subject to an antidumping
duty administrative review.\7\ Accordingly, the NME entity will not be
under review unless Commerce
[[Page 34826]]
specifically receives a request for, or self-initiates, a review of the
NME entity. In this administrative review, no party requested a review
of the China-wide entity and we have not self-initiated a review of the
China-wide entity. Because no review of the China-wide entity is being
conducted, the China-wide entity's entries are not subject to the
review, and the rate applicable to the NME entity is not subject to
change as a result of this review. The China-wide entity rate is 236.00
percent.\8\
---------------------------------------------------------------------------
\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Non-Market Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4,
2013).
\8\ See Order, 75 FR at 57258.
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\9\ ACCESS is available to registered users at
https://access.trade.gov. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\10\ Parties who submit case or rebuttal briefs
in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a table of
authorities.\11\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\12\
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\12\ See Temporary Rule, 85 FR at 41363.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to the Assistant
Secretary for Enforcement and Compliance within 30 days of the date of
publication of this notice.\13\ Requests should contain: (1) the
party's name, address, and telephone number; (2) the number of
participants; and (3) a list of issues to be discussed. 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, parties will
be notified of the time and date for the hearing to be held.\14\
Commerce intends to issue the final results of this administrative
review, which will include the results of our analysis of all issues
raised in the case briefs, within 120 days of publication of these
preliminary results in the Federal Register, unless extended, pursuant
to section 751(a)(3)(A) of the Act.
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\13\ See 19 CFR 351.310(c).
\14\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\15\ We intend to instruct CBP to
liquidate entries containing subject merchandise exported by the
companies under review that we determine in the final results to be
part of the China-wide entity at the China-wide entity rate of 236.00
percent.\16\
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\15\ See 19 CFR 351.212(b)(1).
\16\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication).
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 review, as provided for by section 751(a)(2)(C) of the
Act: (1) for previously-investigated or reviewed Chinese and non-
Chinese exporters which are not under review in this segment of the
proceeding but which have separate rates, the cash deposit rate will
continue to be the exporter-specific rate published for the most recent
period; (2) for all Chinese exporters of subject merchandise that have
not been found to be entitled to a separate rate, the cash deposit rate
will be the China-wide rate of 236.00 percent; and (3) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit rate will be the rate applicable to Chinese
exporter(s) that supplied that non-Chinese exporter. These cash deposit
requirements, when imposed, shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping and/or countervailing duties
prior to liquidation of the relevant entries during this review period.
Failure to comply with this requirement could result in Commerce's
presumption that reimbursement of antidumping and/or countervailing
duties occurred and the subsequent assessment of double antidumping
duties, and/or an increase in the amount of antidumping duties by the
amount of countervailing duties.
Notification to Interested Parties
We are issuing and publishing these preliminary results in
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.213(h) and 19 CFR 351.221(b)(4).
Dated: May 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
Companies Subject to This Administrative Review
1. Autong Industry Co., Ltd
2. Dandong Xinxing Carbon Co., Ltd
3. Fedmet Resources Corporation
4. Fengchi Imp. and Exp. Co., Ltd
5. Fengchi Imp. and Exp. Co., Ltd. of Haicheng City
6. Fengchi Mining Co., Ltd. of Haicheng City
7. Fengchi Refractories Co., of Haicheng City
8. FRC Global Inc
9. Haicheng Donghe Taidi Refractory Co., Ltd
10. Henan Xintuo Refractory Co., Ltd
11. Liaoning Fucheng Refractories
12. Liaoning Zhongmei High Temperature Material Co., Ltd
13. Liaoning Zhongmei Holding Co., Ltd
14. PRCO America Inc
15. Puyang Refractories Co., Ltd
16. Puyang Refractories Group Co., Ltd
17. Qingdao Wonjin Special Refractory Material Co., Ltd
18. RHI Refractories Liaoning Co., Ltd
19. Shandong Minye Refractory Fibre Co., Ltd
20. Shanxi Xinrong International Trade Co., Ltd
21. Shenglong Refractories Co., Ltd
22. SL Refractories LLC
23. Tangshan Strong Refractories Co., Ltd
24. The Economic Trading Group Of Haicheng Houying Corp. Ltd
25. Tianjin New Century Refractories Co., Ltd
26. Wonjin Refractory Co., Ltd
27. Xinyi New Century Refractories Co., Ltd
28. Yingkou Guangyang Refractories Co., Ltd
29. Yingkou Heping Samwha Minerals, Co., Ltd
[[Page 34827]]
30. Yingkou Heping Sanhua Materials Co., Ltd
31. Yingkou Hongyu Wonjin Refractory Material Co., Ltd
32. Yingkou Jiamei Refractories Co., Ltd
33. Yingkou Mei'ao Mining Product Co., Ltd
34. Zhengzhou Rongsheng Refractory Co., Ltd
35. Zibo Fubang Wonjin Refractory Technology Co., Ltd
36. Zibo Hengsen Refractory Co., Ltd
37. Zibo Hitech Material Co., Ltd
38. Zibo Jiuqiang Refractory Co., Ltd
[FR Doc. 2023-11472 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-DS-P