[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24847-24848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09801]



[[Page 24847]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-837; A-570-954]


Certain Magnesia Carbon Bricks From Mexico and the People's 
Republic of China: Final Results of the Expedited Second Sunset Reviews 
of the Antidumping Duty Orders

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

SUMMARY: As a result of these expedited sunset reviews, the Department 
of Commerce (Commerce) finds that revocation of the antidumping duty 
(AD) orders on certain magnesia carbon bricks (MCBs) from Mexico and 
the People's Republic of China (China) would be likely to lead to the 
continuation or recurrence of dumping at the levels indicated in the 
``Final Results of Review'' section of this notice.

DATES: Applicable May 10, 2021.

FOR FURTHER INFORMATION: Amaris Wade, AD/CVD Operations, Office II, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230; telephone: (202) 482-3874.

SUPPLEMENTARY INFORMATION:

Background

    On September 20, 2010, Commerce published the AD orders on MCBs 
from China and Mexico.\1\ On January 4, 2021, Commerce published the 
notice of initiation of the second sunset reviews of the AD Orders, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act).\2\ In January 2021, Commerce received notices of intent to 
participate within the 15-day deadline specified in 19 CFR 
351.218(d)(1)(i) from the Magnesia Carbon Bricks Fair Trade Committee 
(the Committee), an association comprised of three U.S. producers of 
MCBs: Resco Products, Inc.; Magnesita Refractories Company; and 
HarbisonWalker International, Inc.\3\ The Committee claimed interested 
party status under section 771(9)(E) of the Act, as each member of the 
Committee is a manufacturer of the domestic like product.
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    \1\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 57257 
(September 20, 2010) (AD Orders).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 86 FR 60 
(January 4, 2021).
    \3\ See Committee's Letter, ``Domestic Industry's Notice of 
Intent To Participate In Sunset Review,'' dated January 14, 2021; 
see also ``Domestic Industry's Notice of Intent To Participate In 
Sunset Review,'' dated January 14, 2021.
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    On February 2, 2021, Commerce received adequate substantive 
responses to the notice of initiation from the Committee within the 30-
day deadline specified in 19 CFR 351.218(d)(3).\4\ We received no 
substantive response from respondent interested parties with respect to 
either of the orders covered by these sunset reviews.
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    \4\ See Committee's Letter, ``Domestic Industry's Substantive 
Response,'' dated February 2, 2021; see also Committee's Letter, 
``Domestic Industry's Substantive Response,'' dated February 2, 
2021.
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    On February 22, 2021, Commerce notified the U.S. International 
Trade Commission that it did not receive an adequate substantive 
response from respondent interested parties.\5\ As a result, pursuant 
to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), 
Commerce conducted expedited (120-day) sunset reviews of the AD Orders.
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    \5\ See Commerce's Letter, ``Sunset Reviews Initiated on January 
4, 2021,'' dated February 22, 2021.
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Scope of the Orders

    The scope of these orders includes certain chemically-bonded (resin 
or pitch), magnesia carbon bricks with a magnesia component of at least 
70 percent magnesia (MgO) by weight, regardless of 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, magnesia 
carbon bricks 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 magnesia carbon bricks that are the subject of these orders 
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.

Analysis of Comments Received

    All issues raised in these sunset reviews are addressed in the 
Issues and Decision Memorandum.\6\ The issues discussed in the Issues 
and Decision Memorandum are the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the orders were revoked. 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. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn.
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    \6\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Reviews of the Antidumping Duty Orders on 
Certain Magnesia Carbon Bricks from Mexico and the People's Republic 
of China,'' dated concurrently with, and hereby adopted by, this 
notice (Issues and Decision Memorandum).
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Final Results of Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
Commerce determines that revocation of the AD Orders would be likely to 
lead to the continuation or recurrence of dumping at weighted-average 
dumping margins up to 236 percent for China and up to 57.90 percent for 
Mexico.

Administrative Protective Order (APO)

    This notice also serves as the only reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305. Timely notification of the return or destruction of APO 
materials or conversion to judicial protective orders is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.

Notification to Interested Parties

    We are issuing and publishing the final results and this notice in 
accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 
19 CFR 351.218.

    Dated: May 3, 2021.
Christian Marsh,
Acting 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 Orders
IV. History of the Orders
V. Legal Framework
VI. Discussion of the Issues

[[Page 24848]]

    1. Likelihood of Continuation or Recurrence of Dumping
    2. Magnitude of the Dumping Margins Likely to Prevail
VII. Final Results of Sunset Reviews
VIII. Recommendation

[FR Doc. 2021-09801 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-DS-P