[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28495-28496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09428]


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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: Final Determination in Covered Merchandise Inquiry

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 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.

DATES: Applicable May 4, 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 February 17, 2023, Commerce published in the Federal Register 
the preliminary results of this covered merchandise inquiry, 
determining that certain refractory bricks are subject to the AD and 
CVD orders on bricks from China.\1\ Commerce received comments from 
Fedmet Resources Corporation (Fedmet) \2\ and the Magnesia Carbon 
Bricks Fair Trade Committee (Committee).\3\ For a complete description 
of the events that followed the Preliminary Results, see the Issues and 
Decision Memorandum.\4\
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    \1\ See Certain Magnesia Carbon Bricks from the People's 
Republic of China: Preliminary Results of Covered Merchandise 
Inquiry, 88 FR 10292 (February 17, 2023) (Preliminary Results). 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 Fedmet's Letter, ``Fedmet's Case Brief,'' dated February 
28, 2023.
    \3\ See Committee's Letter, ``Rebuttal Brief,'' dated March 7, 
2023.
    \4\ See Memorandum, ``Decision Memorandum for the Final 
Determination of Covered Merchandise Inquiry--EAPA Inv. 7412: 
Certain 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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    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 https://access.trade.gov. In 
addition, the Issues and Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx.

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 Issues 
and Decision Memorandum.

Merchandise Subject to the Covered Merchandise Inquiry

    The products subject to this inquiry are certain refractory bricks 
which were imported by 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.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs that were 
submitted by parties in this inquiry are addressed in the Issues and 
Decision Memorandum. For a list of the issues raised by interested 
parties and addressed in the Issues and Decision Memorandum, see the 
Appendix to this notice.

Final Determination

    We determine, pursuant to 19 CFR 351.227(e)(2), that certain bricks 
tested by CBP laboratories do not constitute (non-subject) MAC bricks 
and, thus, 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 products tested by 
CBP. In reaching this determination, we relied on information placed on 
the record by the Committee and Fedmet, as well as the documents 
included with the referral from CBP. For a full description of the 
analysis underlying our conclusions, see the Issues and Decision 
Memorandum.

Continuation of Suspension of Liquidation

    As stated above, Commerce has made an affirmative finding that 
certain of the 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 that were determined to be within the scope of the 
Orders. Therefore, in accordance with 19 CFR 351.227(l)(3), Commerce 
will direct CBP to: (1) continue the suspension of liquidation of 
previously suspended entries and apply the applicable cash deposit 
rate; (2) suspend 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) suspend 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, but after November 4, 2021.\5\
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    \5\ 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).
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Customs and Border Protection Notification

    In accordance with section 517(b)(4)(B) of the Act, we will notify 
CBP of the final determination in this covered merchandise inquiry. 
Commerce will direct CBP to assess, upon further instruction by 
Commerce, AD and CVD duties on all imports of certain refractory bricks 
having less than

[[Page 28496]]

five percent alumina levels upon importation (as measured by a testing 
protocol that does not create aluminum oxidation in the tested 
materials, or that accounts for such distortions in the resulting 
chemical composition analysis) and otherwise meeting the parameters of 
the scope of the Orders, entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation, as discussed above in the ``Continuation of Suspension of 
Liquidation'' section.

Notification Regarding Administrative Protective Order

    This notice serves as the only 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), which continues to govern 
business proprietary information in this segment of the proceeding. 
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 the terms of an 
APO is a sanctionable violation.

Notification to Interested Parties

    This notice is issued and published pursuant to section 517 of the 
Act and 19 CFR 351.227(e)(2).

    Dated: April 27, 2023.
Lisa W. Wang,
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. Description of Merchandise Subject to This Inquiry
V. Discussion of the Issues
    Comment 1: Whether Commerce Has Impermissibly Modified the 
Fedmet Ruling
    Comment 2: Whether Commerce Should Find That None of the Brick 
Samples
    Constitute Subject Merchandise
VI. Summary
VII. Recommendation

[FR Doc. 2023-09428 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P