[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10292-10293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03324]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954, C-570-955]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Preliminary Results of Covered Merchandise Inquiry

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that certain refractory brick samples tested by U.S. Customs 
and Border Protection (CBP) do not reflect the chemical composition of 
magnesia alumina carbon (MAC) bricks and are covered by the antidumping 
duty (AD) and countervailing duty (CVD) orders on certain magnesia 
carbon bricks (bricks) from the People's Republic of China (China). 
Additionally, Commerce preliminarily finds that it is unable to 
determine whether certain other samples tested by CBP have the chemical 
composition of a bricks subject to the AD and CVD orders on bricks from 
China. Interested parties are invited to comment on these preliminary 
results.

DATES: Applicable February 16, 2023.

FOR FURTHER INFORMATION CONTACT: Brittany Bauer, AD/CVD Operations 
Office V, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-3860.

SUPPLEMENTARY INFORMATION:

Background

    On July 20, 2022, Commerce published in the Federal Register a 
notice of a covered merchandise referral and the initiation of a 
covered merchandise inquiry to determine whether certain refractory 
bricks are subject to the AD and CVD orders on bricks from China.\1\ 
For a complete description of the events that followed the initiation 
of this inquiry, see the Preliminary Decision Memorandum.\2\ A list of 
topics included in the Preliminary Decision Memorandum is included as 
the appendix to this notice. The Preliminary 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 
https://access.trade.gov. In addition, the Preliminary Decision 
Memorandum can be accessed directly at https://access.trade.gov/public/FRNoticesListLayout.aspx.
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    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Notice of Covered Merchandise Referral and 
Initiation of Covered Merchandise Inquiry, 87 FR 43238 (July 20, 
2022) (Initiation Notice); see also Certain Magnesia Carbon Bricks 
from Mexico and the People's Republic of China: Antidumping Duty 
Orders,75 FR 57257 (September 20, 2010); and Certain Magnesia Carbon 
Bricks from the People's Republic of China: Countervailing Duty 
Order, 75 FR 57442 (September 21, 2010) (collectively, Orders).
    \2\ See Memorandum, ``Certain Magnesia Carbon Bricks from the 
People's Republic of China: Decision Memorandum for the Preliminary 
Results of Covered Merchandise Inquiry--EAPA Inv. 7412,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Orders

    The merchandise covered by the Orders is magnesia carbon bricks. 
For a complete description of the scope of the Orders, see the 
Preliminary Decision Memorandum.

Merchandise Subject to the Covered Merchandise Inquiry

    The products subject to this inquiry are refractory bricks which 
were imported by Fedmet Resources Corporation (Fedmet). CBP's 
laboratories tested 11 samples from these bricks and provided the 
results of chemical composition tests for the merchandise in its 
referral to Commerce.

Methodology

    Commerce is conducting this covered merchandise inquiry in 
accordance with section 517 of the Tariff Act of 1930, as amended (the 
Act) and 19 CFR 351.227. For a full description of the methodology 
underlying Commerce's preliminary results, see the Preliminary Decision 
Memorandum.

Preliminary Findings

    We preliminarily determine, pursuant to 19 CFR 351.227(f), that 
certain bricks tested by CBP laboratories do not constitute (non-
subject) MAC bricks and are subject to the scope of the Orders. 
Although we can make such a determination for two of the eleven brick 
samples, the information on the remaining nine samples is indeterminate 
regarding the proper scope classification for the underlying product 
tested by CBP. In reaching this preliminary determination, we relied on 
information placed on the record by the Magnesia Carbon Bricks Fair 
Trade Committee and Fedmet, as well as the documents included with the 
referral from CBP. For a full description of the methodology underlying 
our conclusions, see the Preliminary Decision Memorandum.

Suspension of Liquidation

    As stated above, Commerce has made a preliminary affirmative 
finding that certain bricks tested by CBP, which were the subject of 
this referral from CBP, are subject to the scope of the Orders. This 
affirmative in-scope finding applies on a country-wide basis, 
regardless of the producer, exporter, or importer, to all products from 
the same country with the same relevant physical characteristics as the 
products at issue. Therefore, in accordance with 19 CFR 351.227(l)(2), 
Commerce will direct CBP to: (1) continue the suspension of liquidation 
of previously suspended entries and apply the applicable cash deposit 
rate; (2) begin the suspension of liquidation and require a cash 
deposit of estimated duties, at the applicable rate, for each 
unliquidated entry of the product not yet suspended, entered, or 
withdrawn from warehouse, for consumption on or after July 20, 2022, 
the date of publication of the notice of initiation of this covered 
merchandise inquiry in the Federal Register; and (3) begin the 
suspension of liquidation and require a cash deposit of estimated 
duties, at the applicable rate, for each unliquidated entry of the 
product not yet suspended, entered, or withdrawn from warehouse, for 
consumption prior to July 20, 2022.\3\
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    \3\ See Initiation Notice.

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[[Page 10293]]

Public Comment

    Case briefs or other written comments may be submitted to the 
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR 
351.227(d)(3), interested parties may submit case briefs no later than 
seven days after the date of publication of this notice. Rebuttal 
briefs, limited to issues raised in the case briefs, may be filed not 
later than seven days after the date of filing for case briefs.\4\ 
Parties who submit case briefs or rebuttal briefs in this proceeding 
are requested to submit with each argument: (1) a statement of the 
issue; (2) a brief summary of the argument; and (3) a table of 
authorities.\5\ Executive summaries should be limited to five pages 
total, including footnotes.\6\ All submissions, with limited 
exceptions, must be filed electronically using ACCESS.\7\ Comments must 
be received successfully in their entirety by ACCESS by 5:00 p.m. 
Eastern Time on the due date. Note that Commerce has temporarily 
modified certain of its requirements for serving documents containing 
business proprietary information, until further notice.\8\ Each 
submission must be placed on the record of the segment of the 
proceeding for the AD order (A-570-954), ACCESS Covered Merchandise 
Inquiry segment ``EAPA--7412.''
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    \4\ See 19 CFR 351.227(d)(3); see also Temporary Rule Modifying 
AD/CVD Service Requirements Due to COVID-19; Extension of Effective 
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \5\ See 19 CFR 351.309(c)(2) and (d)(2).
    \6\ Id.
    \7\ See 19 CFR 351.303.
    \8\ See Temporary Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically and received successfully in its entirety via ACCESS by 
5:00 p.m. Eastern Time within 10 days after the date of publication of 
this notice.\9\ Hearing requests should contain: (1) the party's name, 
address, and telephone number; (2) the number of participants; (3) 
whether any participant is a foreign national; and (4) a list of the 
issues to be discussed. If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined. 
Parties should confirm by telephone the date, time, and location of the 
hearing two days before the scheduled date.
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    \9\ Commerce is exercising its discretion under 19 CFR 
351.310(c) to alter the time limit for requesting a hearing.
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Notification to Interested Parties

    This notice is issued and published pursuant to section 517 of the 
Act and 19 CFR 351.227(e)(1).

    Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix--List of Topics Discussed in the Preliminary Decision 
Memorandum

I. Summary
II. Background
III. Scope of the Orders
IV. Description of Merchandise Subject to this Inquiry
V. Legal Framework
VI. Interested Party Comments
VII. Analysis
VIII. Recommendation

[FR Doc. 2023-03324 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DS-P