[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]
-----------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Scope of the Order
The scope of the order includes certain chemically-bonded MCBs from
China.\5\
---------------------------------------------------------------------------
\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).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (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
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