[Federal Register Volume 77, Number 195 (Tuesday, October 9, 2012)]
[Notices]
[Pages 61394-61396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-24811]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Antidumping Duty Administrative Review; 2010-2011

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

SUMMARY: In response to requests from interested parties, the 
Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on certain magnesia 
carbon bricks from the People's Republic of China (``PRC''), covering 
the period of review (``POR'') of March 12, 2010, through August 31, 
2011. The Department has preliminarily applied adverse facts available 
(AFA) to the two mandatory respondents who both failed to cooperate to 
the best of their ability in this proceeding. The Department also 
intends to rescind the review of seven companies that certified that 
they had no shipments of subject merchandise to the United States 
during the POR.

DATES: Effective Date: October 9, 2012.

FOR FURTHER INFORMATION CONTACT: Jerry Huang, AD/CVD Operations, Office 
9, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue NW., 
Washington, DC 20230; telephone: (202) 482-4047.

Scope of the Order

    The merchandise subject to the order includes certain 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 numbers are provided for convenience and customs purposes, 
the written product description, available in Certain Magnesia Carbon 
Bricks From Mexico and the People's Republic of China: Antidumping Duty 
Orders, 75 FR 57257 (September 20, 2010), remains dispositive.

Preliminary Partial Rescission of Administrative Review

    Pursuant to 19 CFR 351.213(d)(3), we have preliminarily determined 
that ANH (Xinyi) Refractories (``ANH''), Yingkou New Century 
Refractories Ltd. (``Yingkou New Century''), and RHI-

[[Page 61395]]

Refractories Asia Pacific Pte. Ltd., RHI Refractories (Dalian) Co., 
Ltd., RHI Refractories Liaoning Co., Ltd., RHI Trading Shanghai Branch, 
and RHI Trading (Dalian) Co., Ltd. (collectively, ``RHI'') made no 
shipments of subject merchandise during the POR of this administrative 
review. The Department received no-shipment certifications from ANH, 
Yingkou New Century, and RHI between November and December, 2011. The 
Department also issued no-shipment inquiries to U.S. Customs and Border 
Protection (``CBP'') in January 2012, asking CBP to provide any 
information contrary to our findings of no entries of subject 
merchandise for merchandise manufactured and shipped by ANH, Yingkou 
New Century, and RHI during the POR. We did not receive any response 
from CBP, thus indicating that there were no entries of subject 
merchandise into the United States exported by these companies. 
Consequently, as none of the companies made exports of subject 
merchandise during the POR, we are preliminarily rescinding the review, 
in part, with respect to ANH, Yingkou New Century and RHI.

Methodology

    The Department has conducted this review in accordance with section 
751(a)(1)(A) of the Tariff Act of 1930, as amended (``the Act''). We 
have relied on facts available and because respondents did not act to 
the best of their ability to respond to the Department's requests for 
information, we have drawn an adverse inference in selecting from among 
the facts otherwise available.\1\
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    \1\ See sections 776(a) and (b) of the Act.
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    For a full description of the methodology underlying our 
conclusions, please see ``Decision Memorandum for Preliminary Results 
for the Antidumping Duty Administrative Review of Certain Magnesia 
Carbon Bricks from the People's Republic of China,'' (``Preliminary 
Decision Memorandum'') from Christian Marsh, Deputy Assistant Secretary 
for Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Import Administration, dated concurrently with 
these results and hereby adopted by this notice. The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Import Administration's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). Access to IA 
ACCESS is available in the Central Records Unit (``CRU''), room 7046 of 
the main Department of Commerce building. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
on the Internet at http://www.trade.gov/ia/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.

Preliminary Results of Review

    The Department has determined that the following preliminary 
dumping margins exist for the period March 12, 2010, and August 31, 
2011:

------------------------------------------------------------------------
                                                              Margin
                         Company                             (percent)
------------------------------------------------------------------------
Fengchi Imp. and Exp. Co., Ltd. of Haicheng City........          236.00
PRC-wide entity (including Yingkou Byuquan Refractories           236.00
 Co., Ltd.).............................................
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Disclosure and Public Comment

    The Department will disclose to parties to this proceeding the 
calculations performed in reaching the preliminary results within five 
days of the date of publication of these preliminary results.\2\ 
Interested parties may submit written comments (case briefs) within 30 
days of publication of the preliminary results and rebuttal comments 
(rebuttal briefs) within five days after the time limit for filing case 
briefs.\3\ Pursuant to 19 CFR 351.309(d)(2), rebuttal briefs must be 
limited to issues raised in the case briefs. Parties who submit 
arguments are requested to submit with the argument: (1) A statement of 
the issue; (2) a brief summary of the argument; and (3) a table of 
authorities.
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    \2\ See 19 CFR 351.224(b).
    \3\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
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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 Import Administration, U.S. Department of Commerce, filed 
electronically using IA ACCESS. An electronically filed document must 
be received successfully in its entirety by the Department's electronic 
records system, IA ACCESS, by 5 p.m. Eastern Standard Time within 30 
days after the date of publication of this notice.\4\ Requests should 
contain the party's name, address, and telephone number, the number of 
participants, and a list of the issues to be discussed. If a request 
for a hearing is made, we will inform parties of the scheduled date for 
the hearing which will be held at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a time and 
location to be determined.\5\ Parties should confirm by telephone the 
date, time, and location of the hearing.
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    \4\ See 19 CFR 351.310(c).
    \5\ See 19 CFR 351.310.
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    Unless the deadline is extended pursuant to section 751(a)(3)(A) of 
the Act, the Department will issue the final results of this 
administrative review, including the results of our analysis of the 
issues raised by the parties in their comments, within 120 days after 
issuance of these preliminary results.

Deadline for Submission of Publicly Available Surrogate Value 
Information

    In accordance with 19 CFR 351.301(c)(3), the deadline for 
submission of publicly available information to value factors of 
production under 19 CFR 351.408(c) is 20 days after the date of 
publication of these preliminary results. In accordance with 19 CFR 
351.301(c)(1), if an interested party submits factual information less 
than ten days before, on, or after (if the Department has extended the 
deadline), the applicable deadline for submission of such factual 
information, an interested party may submit factual information to 
rebut, clarify, or correct the factual information no later than ten 
days after such factual information is served on the interested party. 
However, the Department notes that 19 CFR 351.301(c)(1) permits new 
information only insofar as it rebuts, clarifies, or corrects 
information recently placed on the record.\6\ Furthermore, the 
Department generally will not accept business proprietary information 
in either the surrogate value submissions or the rebuttals thereto, as 
the regulation regarding the submission of surrogate values allows only 
for the submission of publicly available information.
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    \6\ See, e.g., Glycine from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review and Final 
Rescission, in Part, 72 FR 58809 (October 17, 2007), and 
accompanying Issues and Decision Memorandum at Comment 2.
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Assessment Rates

    Upon issuing the final results of the review, the Department shall 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries. The Department intends to issue assessment instructions to CBP 
15 days after the date of publication of the final results of review. 
For any individually examined respondents whose weighted-average 
dumping margin is above de minimis, we will calculate importer-specific 
ad valorem duty assessment rates based on the ratio of the total amount 
of dumping calculated for the importer's examined sales to the total 
entered value of those

[[Page 61396]]

same sales in accordance with 19 CFR 351.212(b)(1).\7\ We will instruct 
CBP to assess antidumping duties on all appropriate entries covered by 
this review when the importer-specific assessment rate calculated in 
the final results of this review is above de minimis. Where either the 
respondent's weighted-average dumping margin is zero or de minimis, or 
an importer-specific assessment rate is zero or de minimis, we will 
instruct CBP to liquidate the appropriate entries without regard to 
antidumping duties. The final results of this review shall be the basis 
for the assessment of antidumping duties on entries of merchandise 
covered by the final results of this review and for future deposits of 
estimated duties, where applicable.
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    \7\ In these preliminary results, the Department applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
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Cash Deposit Requirements

    The following cash deposit requirements, when imposed, will apply 
to all shipments of subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication of the final 
results of this administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) The cash deposit rate for Fengchi Imp. and 
Exp. Co., Ltd. of Haicheng City and Yingkou Bayuquan Refractories Co., 
Ltd. will be the rate established in the final results of this 
administrative review; (2) for any previously reviewed or investigated 
PRC or non-PRC exporter, not covered in this administrative review, 
with a separate rate, the cash deposit rate will be the company-
specific rate established in the most recent segment of this 
proceeding; (3) for all other PRC exporters, the cash deposit rate will 
continue to be the PRC-wide rate (i.e., 236.00 percent); and (4) the 
cash-deposit rate for any non-PRC exporter of subject merchandise from 
the PRC will be the rate applicable to the PRC exporter that supplied 
that exporter. These cash deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice 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 duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: October 1, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Background
2. Scope of Merchandise
3. Non-Market Economy Country Status
4. Separate Rates
5. PRC-Wide Entity
6. Fengchi
7. Use of Facts Available and Adverse Facts Available (AFA)
8. Application of Total AFA to Fengchi
9. Application of Total AFA to the PRC-Wide Entity
10. Selection of AFA Rate
11. Corroboration of Secondary Information
12. Export Subsidy Adjustment

[FR Doc. 2012-24811 Filed 10-5-12; 8:45 am]
BILLING CODE 3510-DS-P