[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1695-1696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00027]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


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

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

SUMMARY: On September 9, 2016, the Department of Commerce (the 
Department) published the preliminary results of the administrative 
review of the antidumping duty (AD) order on magnesia carbon bricks 
(MCBs) from the People's Republic of China (PRC) covering the period of 
review (POR) September 1, 2014, to August 31, 2015.\1\ This review 
covers 20 companies. We invited interested parties to comment on the 
Preliminary Results. No party filed comments or requested a hearing. 
Accordingly, the final results remain unchanged from the Preliminary 
Results.
---------------------------------------------------------------------------

    \1\ See Magnesia Carbon Bricks from the People's Republic of 
China: Preliminary Results and Partial Rescission of the Antidumping 
Duty Administrative Review; 2014-2015, 81 FR 62472 (September 9, 
2016) (Preliminary Results) and accompanying Preliminary Decision 
Memorandum.

---------------------------------------------------------------------------
DATES: Effective January 6, 2017.

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:

Scope of the Order

    The scope of the order includes certain chemically-bonded (resin or 
pitch), MCBs with a magnesia component of at least 70 percent magnesia 
(MgO) by weight, regardless of

[[Page 1696]]

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, MCBs 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 MCBs 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.

Final Results of Review

    As noted above, the Department received no comments concerning the 
Preliminary Results. As there are no changes from, or comments upon, 
the Preliminary Results, the Department finds that there is no reason 
to modify its analysis. Therefore, in these final results of review, we 
have rescinded the review with respect to Fedmet Resources Corporation, 
continued to find that Fengchi Imp. and Exp. Co., Ltd. of Haicheng City 
and RHI Refractories Liaoning, Co. Ltd. had no reviewable entries, and 
treated the remaining companies under review as part of the PRC-wide 
entity.\2\ The Department's policy regarding conditional review of the 
PRC-wide entity applies to this administrative review.\3\ 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 the PRC-wide entity is not under review, the 
entity's rate (i.e., 236.00 percent) is not subject to change.\4\
---------------------------------------------------------------------------

    \2\ For further details of the issues addressed in this 
proceeding, see the Preliminary Results and accompanying PDM which 
can be accessed directly at http://enforcement.trade.gov/frn/index.html.
    \3\ 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).
    \4\ 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).
---------------------------------------------------------------------------

Assessment Rates

    The Department determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries in 
this review, in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b)(1). The Department intends to issue assessment 
instructions directly to CBP 15 days after publication in the Federal 
Register of these final results of this administrative review.
    In accordance with the Department's assessment practice in NME 
cases, 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.\5\
---------------------------------------------------------------------------

    \5\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694, 65694-95 (October 24, 2011).
---------------------------------------------------------------------------

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, as 
provided for by section 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.

Reimbursement of Duties

    This notice also serves as a final 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.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written notification of the return/destruction 
of APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation, which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-00027 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P