[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Page 4528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-1796]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-955]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Alignment of Final Countervailing Duty Determination With Final 
Antidumping Duty Determinations

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the Department) is aligning the 
final countervailing duty (CVD) determination for Certain Magnesia 
Carbon Bricks (Bricks) from the People's Republic of China (PRC) with 
the final determinations of the antidumping duty (AD) investigations of 
Bricks from the PRC and Mexico.

DATES: Effective Date: January 28, 2010.

FOR FURTHER INFORMATION CONTACT: Toni Page and Summer Avery, AD/CVD 
Operations, Office 6, Operations, Import Administration, U.S. 
Department of Commerce, Room 7867, 14th Street and Constitution Avenue, 
NW., Washington, DC 20230; telephone: (202) 482-1398 and (202) 482-
4052, respectively.

SUPPLEMENTARY INFORMATION:

Case History

    On August 18, 2009, the Department initiated the CVD investigation 
of Bricks from the PRC and the AD investigations of Bricks from the PRC 
and Mexico. See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Initiation of Countervailing Duty Investigation, 74 
FR 42858 (August 25, 2009) and Certain Magnesia Carbon Bricks from the 
People's Republic of China and Mexico: Initiation of Antidumping Duty 
Investigations, 74 FR 42852 (August 25, 2009). The CVD investigation 
and the AD investigations have the same scope with regard to the 
merchandise covered. On December 23, 2009, the Department published its 
preliminary CVD determination. See Certain Magnesia Carbon Bricks From 
the People's Republic of China: Preliminary Negative Countervailing 
Duty Determination, 74 FR 68241 (December 23, 2009) (CVD Preliminary 
Determination). On January 7, 2010, Petitioner \1\ submitted a letter, 
in accordance with section 705(a)(1) of the Tariff Act of 1930, as 
amended (the Act), requesting alignment of the final CVD determination 
with the final AD determinations of Bricks from the PRC and Mexico. In 
the letter, Petitioner acknowledges that it missed the regulatory 
deadline for filing the request and explained the extenuating 
circumstances.\2\ Petitioner goes on to state that under these 
extenuating circumstances, the Department should accept its belated 
request for alignment.
---------------------------------------------------------------------------

    \1\ The Petitioner in the instant investigation is Resco 
Products Inc.
    \2\ These circumstances included the Department's partial or 
full closure during the five-day period after the CVD Preliminary 
Determination was published (from December 23, 2009 through December 
28, 2009), and the firm's closure due to relocation from December 
28, 2009 until January 5, 2010, which resulted in the firm's 
inability to access its computer systems until the completion of 
that move.
---------------------------------------------------------------------------

Alignment of the CVD Final Determination With the Final AD 
Determinations

    According to 19 CFR 351.210(i), a petitioner must submit a written 
request to postpone the final CVD determination to the date of final 
determination in a companion AD investigation within five days of the 
date of publication of the preliminary CVD determination. However, 
because the five-day deadline is not a statutory deadline, the 
Department has discretion, pursuant to 19 CFR 351.302(b), to extend the 
deadline for filing an alignment request. The Department has decided to 
accept Petitioner's belated request to align the final CVD 
determination with the final AD determinations. The alignment of the 
final determination in this CVD investigation will ensure that the 
Department can thoroughly analyze the complicated and novel issues, 
which have arisen. In addition, the alignment will allow interested 
parties adequate time to comment on the Department's analyses.
    Therefore, in accordance with 19 CFR 351.302(b), we are hereby 
extending the deadline for filing the alignment request and, in 
accordance with section 705(a)(1) of the Act, we are aligning the final 
CVD determination with the final AD determinations in the companion 
Bricks AD investigations. Consequently, the final CVD determination 
will be issued on the same date as the final AD determinations, which 
are currently scheduled to be issued no later than May 10, 2010, unless 
the final AD determinations are extended.
    This determination is issued and published pursuant to Section 
705(a)(1) of the Act.

    Dated: January 22, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-1796 Filed 1-27-10; 8:45 am]
BILLING CODE 3510-DS-P