[Federal Register Volume 84, Number 92 (Monday, May 13, 2019)]
[Notices]
[Pages 20857-20858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09785]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Final Results of the Antidumping Duty Administrative Review; 
2016-2017

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

SUMMARY: The Department of Commerce (Commerce) is issuing a final no 
shipments determination in the final results of the antidumping duty 
administrative review on certain magnesia carbon bricks (MCBs) from the 
People's Republic of China (China), for the September 1, 2016 through 
August 31, 2017 period of review (POR).

FOR FURTHER INFORMATION CONTACT: Christian Llinas, AD/CVD Operations, 
Office V, Enforcement and Compliance, International Trade 
Administration, Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-4877.

SUPPLEMENTARY INFORMATION:

Background

    On October 11, 2018, Commerce published the preliminary results of 
the seventh administrative review of the antidumping duty order on MCBs 
from China for the POR.\1\ For a history of the events that occurred 
since the Preliminary Results, see the Issues and Decision 
Memorandum.\2\ On January 28, 2019, Commerce tolled the deadlines in 
this case and the final results by 40 days.\3\ On March 5, 2019, 
Commerce extended the deadline for the final results to May 7, 2019.\4\
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    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China; Preliminary Results of the Antidumping Duty 
Administrative Review; 2016-2017, 83 FR 51435 (October 11, 2018) 
(Preliminary Results) and accompanying Preliminary Decision 
Memorandum.
    \2\ See Memorandum, ``Certain Magnesia Carbon Bricks from the 
People's Republic of China: Issues and Decision Memorandum for the 
Final Results of the 2016 Antidumping Duty Administrative Review,'' 
which is dated concurrently with these final results and is hereby 
adopted by this notice (Issues and Decision Memorandum).
    \3\ See Memorandum to the Record, from Gary Taverman, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
    \4\ See ``Administrative Review of the Antidumping Duty Order on 
Certain Magnesia Carbon Bricks from the People's Republic of China: 
Extension of Deadline for the Final Results,'' dated March 5, 2019.
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Scope of the Order

    The scope of the order includes certain chemically-bonded MCBs from 
China.\5\
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    \5\ For a complete description of the scope of the order, see 
``Certain Magnesia Carbon Bricks from the People's Republic of 
China: Issues and Decision Memorandum for the Final Results of the 
Seventh Antidumping Duty Administrative Review: 2016-2017,'' dated 
concurrently with and hereby adopted by this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised by interested parties in their case and rebuttal 
briefs, and our analysis thereof, are addressed in the Issues and 
Decision Memorandum. The issues are identified in the Appendix to this 
notice. The Issues and Decision Memorandum is a public document and is 
on file in the Central Records Unit

[[Page 20858]]

(CRU), Room B8024 of the main Department of Commerce building, as well 
as 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 
in the CRU. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision 
Memorandum and the electronic version of the Issues and Decision 
Memorandum are identical in content.

Final Determination of No Shipments

    Commerce preliminarily found that Fedmet, Fengchi Imp. and Exp. 
Co., Ltd. of Haicheng City, Fengchi Mining Co., Ltd. of Haicheng City, 
and Fengchi Refractories Co., of Haicheng City (collectively, Fengchi), 
and RHI Refractories Liaoning Co., Ltd. (RHI) had no reviewable 
entries, shipments, or sales of the subject merchandise to the United 
States during the POR.\6\ After the Preliminary Results, with respect 
to Fengchi and RHI, no party commented on our preliminary no shipments 
finding, nor has any party submitted record evidence which would call 
this finding into question. Therefore, for the final results, we 
continue to find that Fengchi and RHI had no shipments of subject 
merchandise during the POR. With respect to Fedmet, we placed entry 
packages obtained from Customs and Border Protection (CBP) on the 
record of this review, and interested parties submitted comments on 
this information.\7\ As discussed in the Issues and Decision 
Memorandum, we continue to find that Fedmet also did not have any 
reviewable entries, shipments, or sales of subject merchandise to the 
United States during the POR.\8\ Consistent with our practice, we will 
issue appropriate instructions to U.S. Customs and Border Protection 
(CBP) based on our final results.
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    \6\ See Preliminary Results at ``Preliminary Determination of No 
Shipments.''
    \7\ See Memo to the File, ``Placement of U.S. Customs and Border 
Protection (CBP) Entry Summary Packages Regarding Fedmet Resources 
Corporation on the Record of the Administrative Review,'' dated 
December 4, 2018 (CBP Entry Package Memo); the petitioners' December 
14, 2018 submission; Fedmet's December 14, 2018 submission.
    \8\ See Issues and Decision Memorandum.
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Assessment Rates

    We have not calculated any assessment rates in this administrative 
review. Pursuant to Commerce's assessment practice, because we have 
determined that Fedmet, Fengchi, and RHI had no reviewable entries, 
shipments, or sales of the subject merchandise to the United States 
during the POR, any suspended entries that entered under their case 
numbers (i.e., at that exporter's rate) will be liquidated at the 
China-wide entity rate.\9\ We will instruct CBP to liquidate entries 
from the China-wide entity at the current rate for the China-wide 
entity (i.e., 236.00 percent). Commerce intends to issue appropriate 
assessment instructions to CBP 15 days after the publication date of 
the final results of this administrative review.
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for 
shipments of the subject merchandise from China entered, or withdrawn 
from warehouse, for consumption on or after the publication date of 
this notice, as provided by section 751(a)(2)(C) of the Act: (1) For 
previously investigated or reviewed Chinese and non-Chinese exporters 
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 published for the most recently completed period; (2) for 
all Chinese exporters of subject merchandise that have not been found 
to be entitled to a separate rate, the cash deposit rate will be the 
rate previously established for the China-wide entity (i.e., 236.00 
percent); and (3) for all non-Chinese exporters of subject merchandise 
which have not received their own rate, the cash deposit rate will be 
the rate applicable to the Chinese exporter that supplied that non-
Chinese exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    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 Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Orders

    This notice also serves as the only 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). Timely 
written notification of the return or 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 subject 
to sanction. We are issuing and publishing this notice in accordance 
with sections 751(a)(1) and 777(1) of the Tariff Act of 1930, as 
amended, and 19 CFR 351.213(d)(4).

    Dated: May 7, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Final Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Issue
V. Discussion of the Issue: Treatment of Fedmet
VI. Recommendation

[FR Doc. 2019-09785 Filed 5-10-19; 8:45 am]
 BILLING CODE 3510-DS-P