[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57442-57443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23550]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-955]


Certain Magnesia Carbon Bricks from the People's Republic of 
China: Countervailing Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (the Department) and the U.S. International Trade Commission 
(the ITC), the Department is issuing a countervailing duty order on 
certain magnesia carbon bricks (MCBs) from the People's Republic of 
China (PRC). On September 8, 2010, the ITC notified the Department of 
its affirmative determinations of material injury to a U.S. industry 
with respect to imports of MCBs from the PRC and Mexico. See Certain 
Magnesia Carbon Bricks from China and Mexico (Investigation Nos. 701-
TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4076, September 
2010).

EFFECTIVE DATE: September 21, 2010.

FOR FURTHER INFORMATION CONTACT: Summer Avery or Toni Page, AD/CVD 
Operations, Office 6, Import Administration, International Trade 
Administration, U.S. Department of Commerce, Room 7866, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4052 or (202) 482-1398, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On August 2, 2010, the Department published its affirmative final 
determination in the countervailing duty investigation of MCBs from the 
PRC. See Certain Magnesia Carbon Bricks from the People's Republic of 
China: Final Affirmative Countervailing Duty Determination, 75 FR 45472 
(August 2, 2010) (Final Determination). On September 8, 2010, the ITC 
notified the Department of its final determination pursuant to section 
705(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), that 
an industry in the United States is materially injured by reason of 
imports of merchandise from the PRC found to be subsidized by the 
Department's final determination. See section 705(a)(1) of the Act; see 
also Final Determination. In addition, the ITC notified the Department 
of its final determination that critical circumstances do not exist 
with respect to imports of subject merchandise from the PRC that are

[[Page 57443]]

subject to the Department's affirmative critical circumstances finding. 
Pursuant to section 706(a) of the Act, the Department is publishing a 
countervailing duty order on the subject merchandise.

Scope of the Order

    The scope of this 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 
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''). 
While HTSUS subheadings are provided for convenience and customs 
purposes, the written description is dispositive.

Countervailing Duty Order

    On September 8, 2010, the ITC notified the Department of its final 
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an 
industry in the United States is materially injured as a result of 
subsidized imports of MCBs from the PRC.\1\
---------------------------------------------------------------------------

    \1\ Because the vote of the ITC with respect to imports of MCBs 
from the PRC was evenly divided between a determination of material 
injury and a determination of threat of material injury, the 
Department is treating this vote, for purposes of duty assessment, 
as an affirmative finding of material injury consistent with section 
771(11) of the Act.
---------------------------------------------------------------------------

    As a result of the Department's negative preliminary determination 
and subsequent affirmative final determination, liquidation was 
suspended effective the publication date of the Final Determination. 
See Final Determination, 75 FR at 45474.
    In accordance with section 706 of the Act, CBP will continue 
suspension of liquidation for MCBs from the PRC, and will assess, upon 
further advice by the Department pursuant to section 706(a)(1) of the 
Act, countervailing duties for each entry of subject merchandise in an 
amount based on the net countervailable subsidy rates for the subject 
merchandise.
    On or after the date of publication of the ITC's final injury 
determination in the Federal Register, CBP must require, at the same 
time as importers would normally deposit estimated duties on this 
merchandise, a cash deposit equal to the rates noted below:

------------------------------------------------------------------------
                                             Net Countervailable Subsidy
           Exporter/Manufacturer                        Rate
------------------------------------------------------------------------
RHI (RHI Refractories Liaoning Co., Ltd.              24.24 % ad valorem
 and RHI Refractories (Dalian) Co., Ltd.).
Mayerton (Liaoning Mayerton Refractories             253.87 % ad valorem
 and Dalian Mayerton Refractories Co.
 Ltd.)....................................
All Others................................            24.24 % ad valorem
------------------------------------------------------------------------

    With regard to the ITC's negative critical circumstances 
determination on imports of the subject merchandise from the PRC, as 
noted above, we did not instruct CBP to suspend entries and collect a 
cash deposit, bond or other security until publication of our Final 
Determination on August 2, 2010. Accordingly, with respect to 
countervailing duties, there are no entries prior to March 12, 2010, 
for which CBP should lift suspension and release any bond or other 
security pursuant to the ITC's negative critical circumstances 
determination.
    This notice constitutes the countervailing duty order with respect 
to MCBs from the PRC pursuant to section 706(a) of the Act. Interested 
parties may contact the Department's Central Records Unit, Room 1117 of 
the main Commerce building, for copies of an updated list of 
countervailing duty orders currently in effect.
    This notice is issued and published in accordance with sections 
705(c)(2), 706(a) and 777(i)(1) of the Act, and 19 CFR 351.211.

    Dated: September 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23550 Filed 9-20-10; 8:45 am]
BILLING CODE 3510-DS-S