[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Pages 24848-24849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09802]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-570-955]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Final Results of the Expedited Second Five-Year Sunset Review of 
the Countervailing Duty Order

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

SUMMARY: As a result of this sunset review, the Department of Commerce 
(Commerce) finds that revocation of the countervailing duty (CVD) order 
on certain magnesia carbon bricks (bricks) from the People's Republic 
of China (China) would be likely to lead to continuation or recurrence 
of countervailable subsidies at the levels indicated in the ``Final 
Results of Review'' section of this notice.

DATES: Applicable May 10, 2021.

FOR FURTHER INFORMATION CONTACT: Mark Hoadley, AD/CVD Operations, 
Office VII, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3148.

SUPPLEMENTARY INFORMATION:

Background

    On September 21, 2010, Commerce published its CVD order on bricks 
from China in the Federal Register.\1\ On January 4, 2021, Commerce 
published the notice of initiation of the second sunset review of the 
Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(the Act).\2\ Commerce received a notice of intent to participate from 
Magnesia Carbon Bricks Fair Trade Committee (the Committee), an ad hoc 
association of U.S. producers of magnesia carbon bricks, within the 
deadline specified in 19 CFR 351.218(d)(1)(i).\3\ The Committee claimed 
interested party status under section 771(9)(E) of the Act, as a trade 
or business association a majority of whose members manufacture, 
produce, or wholesale a domestic like product in the United States and 
stated that each member of the Committee is a manufacturer of the 
domestic like product and thus, are domestic interested parties 
pursuant to section 771(9)(C) of the Act.\4\
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    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Countervailing Duty Order, 75 FR 57442 (September 
21, 2010) (Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 86 FR 60 
(January 4, 2021).
    \3\ See Committee's Letter, ``Second Five-Year (``Sunset'') 
Review the Countervailing Duty Order On Magnesia Carbon Bricks From 
The People's Republic of China: Domestic Industry's Notice Of Intent 
To Participate In Sunset Review,'' dated January 14, 2021.
    \4\ Id.
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    Commerce received a substantive response from the Committee \5\ 
within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). We 
received no substantive response from any other domestic or interested 
parties in this proceeding, nor was a hearing requested.
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    \5\ See Committee's Letter, ``Second Five-Year (Sunset) Review 
of the Countervailing Duty Order On Magnesia Carbon Bricks From The 
People's Republic Of China: 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 (ITC) that it did not receive an adequate substantive 
response from respondent interested parties.\6\ 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 an expedited (120-day) sunset review of this Order.
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    \6\ See Commerce's Letter, ``Sunset Reviews Initiated on January 
4, 2021,'' dated February 22, 2021.
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Scope of the Order

    The merchandise subject to this Order includes certain chemically-
bonded (resin or pitch), magnesia carbon bricks. Certain magnesia 
carbon bricks 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). Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the merchandise covered by the scope of the Order is dispositive. 
For a complete description of the scope of the Order, see the 
accompanying Issues and Decision Memorandum.\7\
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    \7\ See Memorandum, ``Issues and Decision Memorandum for the 
Expedited Second Sunset Review of the Countervailing Duty Order on 
Magnesia Carbon Bricks from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Analysis of Comments Received

    All issues raised in this sunset review are addressed in the Issues 
and Decision Memorandum. A list of topics discussed in the Issues and 
Decision Memorandum is included as an appendix to this notice. The 
Issues and Decision Memorandum is a public document and is on file 
electronically via the Enforcement and Compliance's Antidumping and 
Countervailing Duty Centralized Electronic Service System (ACCESS). 
ACCESS is available to registered users at http://access.trade.gov. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the internet at http://enforcement.trade.gov/frn/.

Final Results of Sunset Review

    Pursuant to sections 751(c)(1) and 752(b) of the Act, we determine 
that revocation of the CVD order on bricks from China would be likely 
to lead to continuation or recurrence of countervailable subsidies at 
the following rates:

------------------------------------------------------------------------
                                                              Net
          Manufacturers/producers/exporters             countervailable
                                                       subsidy (percent)
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RHI Refractories Liaoning Co., Ltd. (RHIL), RHI                     3.00
 Refractories (Dailian) Co., Ltd. (RHID), and
 Liaoning RHI Jinding Magnesia Co., Ltd. (RHIJ)
 (collectively, RHI).................................
Liaoning Mayerton Refractories (LMR) and Dalian                   253.87
 Mayerton Refractories Co. Ltd. (DMR) (collectively,
 Mayerton)...........................................
All Others...........................................               3.00
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[[Page 24849]]

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 order 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(b), 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. History of the Order
IV. Scope of the Order
V. Legal Framework
VI. Discussion of the Issues
    1. Likelihood of Continuation or Recurrence of a Countervailable 
Subsidy
    2. Net Countervailable Subsidy Rates Likely to Prevail
    3. Nature of the Subsidies
VII. Final Results of Sunset Review
VIII. Recommendation

[FR Doc. 2021-09802 Filed 5-7-21; 8:45 am]
BILLING CODE 3510-DS-P