[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)]
[Notices]
[Pages 62472-62474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21767]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Magnesia Carbon Bricks From the People's Republic of China: 
Preliminary Results and Partial Rescission of the Antidumping Duty 
Administrative Review; 2014-2015

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') is conducting 
an administrative review of the antidumping duty order on Magnesia 
Carbon Bricks (``MCBs'') from the People's Republic of China (``PRC''), 
for the period of review (``POR'') September 1, 2014, to August 31, 
2015. The Department preliminarily determines that Fengchi Imp. and 
Exp. Co., Ltd. of Haicheng City (``Fengchi'') and RHI Refractories 
Liaoning, Co. Ltd. (``RHI'') had no reviewable shipments of subject 
merchandise during the POR. The Department is also preliminarily 
rescinding this review with respect to Fedmet Resources Corporation 
(``Fedmet''). Interested parties are invited to comment on these 
preliminary results.

DATES: Effective September 9, 2016.

FOR FURTHER INFORMATION CONTACT: Kenneth Hawkins, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 14th Street and Constitution 
Avenue NW., Washington, DC 20230; telephone: (202) 482-6491.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2015, the Department published in the Federal 
Register an opportunity to request an administrative review of the 
antidumping duty order on MCBs from the PRC.\1\ On September 30, 2015, 
the Department received a request from Petitioner \2\ to conduct an 
administrative review of Dashiqiao City Guancheng Refractor Co., Ltd.; 
Fedmet; Fengchi; Fengchi Mining Co., Ltd. of Haicheng City; Fengchi 
Refractories Co., of Haicheng City; Jiangsu Sujia Group New Materials 
Co., Ltd.; Liaoning Fucheng Refractories Group Co., Ltd.; Liaoning 
Fucheng Special Refractory Co., Ltd.; Liaoning Jiayi Metals & Minerals 
Co., Ltd.; Puyang Refractories Group Co., Ltd.; RHI; Yingkou Bayuquan 
Refractories Co., Ltd. (``BRC''); Yingkou Dalmond Refractories Co., 
Ltd.; Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.; 
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories 
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.\3\ On November 
9, 2015, the Department initiated this review based on these review 
requests.\4\ On December 8 and 9, 2015, RHI, Fengchi, Fengchi Mining 
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng City, 
Fedmet, and BRC submitted no shipments letters, stating they made no 
entries, exports, or sales of subject merchandise into the United 
Stated during the POR.\5\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 80 FR 52741 (Sept. 1, 2015).
    \2\ The Petitioner is the Magnesia Carbon Bricks Fair Trade 
Committee (``the Committee''), an ad hoc association comprised of 
the following three U.S. producers of magnesia carbon bricks: Resco 
Products, Inc.; Magnesita Refractories Company; and Harbison Walker 
International, Inc. (hereinafter ``Petitioner'').
    \3\ See ``Certain Magnesia Carbon Bricks from the People's 
Republic of China: Request for Administrative Review,'' dated 
September 30, 2015.
    \4\ See Initiation of Antidumping Duty Administrative Reviews, 
80 FR 69193 (November 9, 2015) (``Initiation Notice'').
    \5\ See No Shipments Certification from RHI, dated December 8, 
2015, and No Shipment Certifications from Fengchi, Fengchi Mining 
Co., Ltd. of Haicheng City, Fengchi Refractories Co., of Haicheng 
City, Fedmet and BRC, dated December 9, 2015.
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Scope of the Order

    The merchandise subject to the order includes certain MCBs. Certain 
MCBs that are the subject of this investigation 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.\6\
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    \6\ For a full description of the scope of the order, see 
Memorandum from Christian Marsh, Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations to Paul Piquado, 
Assistant Secretary for Enforcement and Compliance, ``Decision 
Memorandum for the Preliminary Results of the 2014-2015 Antidumping 
Duty Administrative Review: Magnesia Carbon Bricks from the People's 
Republic of China,'' (``Preliminary Decision Memorandum'') dated 
concurrently with and hereby adopted by this notice.
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Partial Rescission of the Administrative Review

    In its No Shipment Certification, Fedmet stated that it is not a 
PRC producer or exporter of the subject merchandise but a U.S. 
importer.\7\ Fedmet cited its entry of appearance

[[Page 62473]]

and application for business proprietary access to demonstrate its 
status as an importer.\8\ Based on the information available, the 
Department preliminarily determines that Fedmet's entries will be 
subject to the appropriate exporter's cash deposit requirements and 
assessment rates, as outlined below. Accordingly, we are preliminarily 
rescinding this review for Fedmet.
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    \7\ See Fedmet's No Shipments Certification, dated December 9, 
2015.
    \8\ Id. See also ``Magnesia Carbon Bricks from the People's 
Republic of China, Case No. A-570-954: Entry of Appearance and APO 
Application,'' dated November 10, 2015.
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Separate Rate Status

    For the 17 companies for whom we are not rescinding this review, we 
preliminarily determine that only Fengchi and RHI demonstrated their 
continued eligibility for a separate rate because, as discussed below, 
they demonstrated that they had no shipments during the POR and thus 
will maintain their separate rate status from the date of initiation of 
this administrative review.
    The remaining companies did not submit a separate rate application 
or certification. Therefore, the following companies have not 
established their eligibility for a separate rate, and the Department 
preliminarily determines that they are considered part of the PRC-wide 
entity: Dashiqiao City Guancheng Refractor Co., Ltd.; Fengchi Mining 
Co., Ltd. of Haicheng City; Fengchi Refractories Co., of Haicheng City; 
Jiangsu Sujia Group New Materials Co., Ltd.; Liaoning Fucheng 
Refractories Group Co., Ltd.; Liaoning Fucheng Special Refractory Co., 
Ltd.; Liaoning Jiayi Metals & Minerals Co., Ltd.; Puyang Refractories 
Group Co., Ltd.; BRC; \9\ Yingkou Dalmond Refractories Co., Ltd.; 
Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co. Ltd.; 
Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories 
Ltd.; and Yingkou Wonjin Refractory Material Co., Ltd.
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    \9\ Although BRC submitted a no shipments certification, it 
remains part of the PRC-wide entity. See Certain Magnesia Carbon 
Bricks From the People's Republic of China: Final Results and Final 
Partial Rescission of Antidumping Duty Administrative Review; 2010-
2011, 78 FR 22230, 22231 (April 15, 2013).
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    The Department's policy regarding conditional review of the PRC-
wide entity applies to this administrative review.\10\ Under this 
policy, the PRC-wide entity will not be under review unless a party 
specifically requests, or the Department self-initiates, a review of 
the entity. Because no party requested a review of the PRC-wide entity 
in this review, the PRC-wide entity is not under review and therefore 
its rate is not subject to change. The rate previously established for 
the PRC-wide entity in this proceeding is 236 percent.\11\
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    \10\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \11\ See Certain Magnesia Carbon Bricks From the People's 
Republic of China: Final Results and Final Partial Rescission of the 
Antidumping Duty Administrative Review; 2012-2013, 80 FR 19961, 
19962 (April 14, 2015).
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Preliminary Determination of No Shipments

    Fengchi and RHI submitted timely-filed certifications that they had 
no shipments of subject merchandise to the United States during the 
POR.\12\ The Department sent inquiries to U.S. Customs and Border 
Protection (``CBP'') to confirm the no shipments responses received 
from these companies.\13\ We received no contradictory information from 
CBP indicating that there were suspended entries of subject merchandise 
into the United States exported by these companies. Therefore, we 
preliminarily determine that Fengchi and RHI had no shipments of 
subject merchandise during the POR.
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    \12\ See No Shipment Certification from RHI, dated December 8, 
2015, and No Shipment Certifications from Fengchi, dated December 9, 
2015.
    \13\ See Customs No Shipments Inquiry, dated February 12, 2016.
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    Consistent with the Department's practice in nonmarket economy 
cases, the Department finds that it is appropriate not to rescind the 
review, in part, in these circumstances, but rather to complete the 
review with respect to these companies and issue appropriate 
instructions to CBP based on the final results of the review.\14\
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    \14\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) (NME 
Assessment Policy).
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Methodology

    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the ``Act''). For a 
full description of the methodology underlying our conclusions, see the 
Preliminary Decision Memorandum.\15\ 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 http://access.trade.gov, and is available to all 
parties in the Central Records Unit, Room B8024 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/enforcement/. The signed Preliminary 
Decision Memorandum and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \15\ A list of topics discussed in the Preliminary Decision 
Memorandum is provided at Appendix I to this notice.
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Preliminary Results of Review

    The Department preliminarily determines that the following 
weighted-average dumping margin exists for the period September 1, 
2014, through August 31, 2015:

------------------------------------------------------------------------
                                                             Weighted-
                                                              average
                        Exporter                          dumping margin
                                                             (percent)
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PRC-Wide Entity.........................................          236.00
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Public Comment and Opportunity To Request a Hearing \16\

    Interested parties may submit case briefs within 30 days after the 
date of publication of these preliminary results of review.\17\ 
Rebuttals to case briefs, which must be limited to issues raised in the 
case briefs, must be filed within five days after the time limit for 
filing case briefs.\18\ Parties who submit arguments are requested to 
submit with the argument (a) a statement of the issue, (b) a brief 
summary of the argument, and (c) a table of authorities.\19\ Parties 
submitting briefs should do so pursuant to the Department's electronic 
filing system, ACCESS.
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    \16\ Normally, the Department discloses to interested parties 
the calculations performed in connection with the preliminary 
results of review within five days of the date of publication of the 
notice of preliminary results in the Federal Register, in accordance 
with 19 CFR 351.224(b). However, because the Department has 
preliminarily determined to rescind this review with respect to 
Fedmet and that Fengchi and RHI had no shipments during the POR, and 
because all other companies subject to this review are receiving the 
PRC-wide entity rate, there are no calculations to disclose.
    \17\ See 19 CFR 351.309(c)(1)(ii).
    \18\ See 19 CFR 351.309(d).
    \19\ See 19 CFR 351.309(c)(2), (d)(2).
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    Any interested party may request a hearing within 30 days of 
publication of this notice.\20\ Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations will be limited to issues raised in 
the briefs.\21\ If a request for a hearing is

[[Page 62474]]

made, parties will be notified of the time and date for the hearing to 
be held at the U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230.\22\
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    \20\ See 19 CFR 351.310(c).
    \21\ Id.
    \22\ See 19 CFR 351.310(d).
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    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of any issues raised in 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 Tariff Act of 1930, as amended 
(``the Act'').

Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review.\23\ The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. We intend to instruct CBP to liquidate entries 
containing subject merchandise exported by the PRC-wide entity at the 
current rate for the PRC-wide entity (i.e., 236 percent).
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    \23\ See 19 CFR 351.212(b).
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    The Department announced a refinement to its assessment practice in 
NME cases. Pursuant to this refinement in practice, for entries that 
were not reported in the U.S. sales data submitted by companies 
individually examined during the administrative review, the Department 
will instruct CBP to liquidate such entries for the PRC-wide entity. 
Additionally, if the Department determines that an exporter had no 
shipments of the subject merchandise, any suspended entries that 
entered under that exporter's case number (i.e., at that exporter's 
cash deposit rate) will be liquidated at the rate for the PRC-wide 
entity.\24\ 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 cash deposits of 
estimated duties, where applicable.
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    \24\ For a full discussion of this practice, see NME Assessment 
Policy.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from the PRC entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For any companies listed that 
have a separate rate, the cash deposit rate will be that established in 
the final results of this review (except, if the rate is zero or de 
minimis, then zero cash deposit will be required); (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be that for the PRC-wide entity; and (4) for all non-PRC exporters 
of subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. These 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 duties prior to liquidation 
of the relevant entries during the POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    These preliminary results are being issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: September 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Topics Discussed in the Preliminary Decision Memorandum

1. Summary
2. Case History
3. Scope of the Order
4. Discussion of the Methodology
    a. Non-Market Economy Status
    b. Companies That Did Not Establish Their Eligibility for a 
Separate Rate
    c. Preliminary Determination of No Shipments
    d. Preliminary Partial Rescission of Review
5. Recommendation

[FR Doc. 2016-21767 Filed 9-8-16; 8:45 am]
 BILLING CODE 3510-DS-P