[Federal Register Volume 84, Number 96 (Friday, May 17, 2019)]
[Notices]
[Pages 22437-22438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-10273]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Rescission of Countervailing Duty Administrative Review; 2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on certain
magnesia carbon bricks (MCBs) from the People's Republic of China
(China) for the period of review (POR) January 1, 2016, through
December 31, 2016.
DATES: Applicable May 17, 2019.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and
[[Page 22438]]
Compliance, International Trade Administration, U.S. Department of
Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone:
(202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary Results of this administrative
review on October 11, 2018.\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 for the final results by 40 days.\3\ On March 5, 2019,
Commerce extended the deadline for these 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 Countervailing Duty
Administrative Review; 2016, 83 FR 51444 (October 11, 2018)
(Preliminary Results) and accompanying Preliminary Decision
Memorandum, ``Decision Memorandum for the Preliminary Results of the
Administrative Review of the Countervailing Duty Order on Certain
Magnesia Carbon Bricks from the People's Republic of China; 2016.''
\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 Countervailing 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. As a result, all deadlines in this segment of the
proceeding have been extended by 40 days.
\4\ See Memorandum, ``Administrative Review of the
Countervailing 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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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 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 Central Records Unit, Room B8024 of the main Department of
Commerce building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on the internet at http://trade.gov/enforcement/frn/index.html. The signed Issues and Decision
Memorandum and the electronic version of the Issues and Decision
Memorandum are identical in content.
Rescission of Administrative Review
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\5\ Normally, upon completion of an
administrative review of a CVD order, the suspended entries are
liquidated at the assessment rate calculated for the review period.\6\
Therefore, for an administrative review to be conducted, there must be
a reviewable, suspended entry for which Commerce can instruct U.S.
Customs and Border Protection (CBP) to liquidate at the newly
calculated assessment rate.\7\ Based on our examination of the record,
we continue to find that there is no evidence of reviewable entries,
shipments, or U.S. sales of subject merchandise during the POR.\8\
Accordingly, in the absence of suspended entries of subject merchandise
during the POR for this administrative review, Commerce is rescinding
this administrative review of the CVD order on MCBs from China,
pursuant to 19 CFR 351.213(d)(3). Commerce intends to issue appropriate
assessment instructions to CBP 15 days after the date of publication of
this notice.
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\5\ See, e.g., Certain Welded Carbon Steel Standard Pipe and
Tube from Turkey: Notice of Final Rescission of Countervailing Duty
Administrative Review, In Part, 77 FR 6542 (February 8, 2012) and
accompanying Issues and Decision Memorandum at 2; Certain Magnesia
Carbon Bricks from China: Rescission of Countervailing Duty
Administrative Review; 2014, 82 FR 4300 (January 13, 2017) (China
MCBs 2014 AR).
\6\ See 19 CFR 351.212(b)(1).
\7\ See China MCBs 2014 AR.
\8\ See Issues and Decision Memorandum at sections, ``Rescission
of Administrative Review,'' and ``Discussion of the Issue.''
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Administrative Protective Order
This notice serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return or destruction of APO materials or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulations and the terms of an APO is a sanctionable violation.
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 Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Rescission of Administrative Review
V. Discussion of the Issue: Treatment of Fedmet
VI. Recommendation
[FR Doc. 2019-10273 Filed 5-16-19; 8:45 am]
BILLING CODE 3510-DS-P