[Federal Register Volume 88, Number 104 (Wednesday, May 31, 2023)]
[Notices]
[Pages 34825-34827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11472]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-954]


Certain Magnesia Carbon Bricks From the People's Republic of 
China: Preliminary Results of Antidumping Duty Administrative Review; 
2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the 38 companies subject to this administrative review 
of the antidumping duty order on certain magnesia carbon bricks 
(bricks) from the People's Republic of China (China) are part of the 
China-wide entity because none filed a separate rate application (SRA) 
or a separate rate certification (SRC). The period of review (POR) is 
September 1, 2021, through August 31, 2022. We invite interested 
parties to comment on these preliminary results.

DATES: Applicable May 31, 2023.

FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.

SUPPLEMENTARY INFORMATION: 

Background

    On September 1, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the 
antidumping duty order on bricks from China \1\ for the POR.\2\ On 
November 3, 2022, in response to a timely request from the Magnesia 
Carbon Bricks Fair Trade Committee (the petitioner),\3\ we initiated an 
administrative review of the Order with respect to 38 companies.\4\
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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) (Order).
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 87 FR 53719 (September 1, 2022).
    \3\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated September 30, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 66275 (November 3, 2022) (Initiation 
Notice); see also the appendix to this notice.
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    On November 30, 2022, we placed on the record U.S. Customs and 
Border Protection (CBP) entry data under administrative protective 
order (APO) for all interested parties with APO access.\5\ The deadline 
for interested parties to submit a no-shipment certification, SRA, or 
SRC was December 5, 2022.\6\ No party submitted a no-shipment 
certification, SRA, or SRC.
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    \5\ See Memorandum, ``Placing Customs Data on the Record,'' 
dated November 30, 2022.
    \6\ See Initiation Notice, 87 FR 66275-76 (``If a producer or 
exporter named in this notice of initiation had no exports, sales, 
or entries during the period of review (POR), it must notify 
Commerce within 30 days of publication of this notice in the Federal 
Register. . . . Separate Rate Applications are due to Commerce no 
later than 30 calendar days after publication of this Federal 
Register notice.''). Thirty calendar days after the Initiation 
Notice published was Saturday, December 3, 2022. Commerce's practice 
dictates that, where a deadline falls on a weekend or federal 
holiday, the appropriate deadline is the next business day. See 
Notice of Clarification: Application of ``Next Business Day'' Rule 
for Administrative Determination Deadlines Pursuant to the Tariff 
Act of 1930, As Amended, 70 FR 24533 (May 10, 2005).
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Scope of the Order

    The scope of the Order 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 subject to the 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). While HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
is dispositive.

Methodology

    Commerce is conducting this administrative review in accordance 
with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the 
Act) and 19 CFR 351.213.

Preliminary Results of Review

    The 38 companies subject to this review did not file no-shipment 
certifications, SRAs, or SRCs. Thus, Commerce preliminarily determines 
that these companies have not demonstrated their eligibility for 
separate rate status. As such, Commerce also preliminarily determines 
that the companies subject to review are part of the China-wide entity.
    In addition, Commerce no longer considers the non-market economy 
(NME) entity as an exporter conditionally subject to an antidumping 
duty administrative review.\7\ Accordingly, the NME entity will not be 
under review unless Commerce

[[Page 34826]]

specifically receives a request for, or self-initiates, a review of the 
NME entity. In this administrative review, no party requested a review 
of the China-wide entity and we have not self-initiated a review of the 
China-wide entity. Because no review of the China-wide entity is being 
conducted, the China-wide entity's entries are not subject to the 
review, and the rate applicable to the NME entity is not subject to 
change as a result of this review. The China-wide entity rate is 236.00 
percent.\8\
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Non-Market Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 
2013).
    \8\ See Order, 75 FR at 57258.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\9\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\10\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\11\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\12\
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2); 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).
    \11\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \12\ See Temporary Rule, 85 FR at 41363.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Enforcement and Compliance within 30 days of the date of 
publication of this notice.\13\ Requests should contain: (1) the 
party's name, address, and telephone number; (2) the number of 
participants; and (3) a list of issues to be discussed. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs. If a request for a hearing is made, parties will 
be notified of the time and date for the hearing to be held.\14\ 
Commerce intends to issue the final results of this administrative 
review, which will include the results of our analysis of all issues 
raised in the case briefs, within 120 days of publication of these 
preliminary results in the Federal Register, unless extended, pursuant 
to section 751(a)(3)(A) of the Act.
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    \13\ See 19 CFR 351.310(c).
    \14\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\15\ We intend to instruct CBP to 
liquidate entries containing subject merchandise exported by the 
companies under review that we determine in the final results to be 
part of the China-wide entity at the China-wide entity rate of 236.00 
percent.\16\
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    \15\ See 19 CFR 351.212(b)(1).
    \16\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the final results of this 
review in the Federal Register. If a timely summons is filed at the 
U.S. Court of International Trade, the assessment instructions will 
direct CBP not to liquidate relevant entries until the time for parties 
to file a request for a statutory injunction has expired (i.e., within 
90 days of publication).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) for previously-investigated or reviewed Chinese and non-
Chinese exporters which are not under review in this segment of the 
proceeding but which have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (2) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the China-wide rate of 236.00 percent; and (3) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to Chinese 
exporter(s) that supplied that non-Chinese exporter. These cash deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing duties 
prior to liquidation of the relevant entries during this review period. 
Failure to comply with this requirement could result in Commerce's 
presumption that reimbursement of antidumping and/or countervailing 
duties occurred and the subsequent assessment of double antidumping 
duties, and/or an increase in the amount of antidumping duties by the 
amount of countervailing duties.

Notification to Interested Parties

    We are issuing and publishing these preliminary results in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 
351.213(h) and 19 CFR 351.221(b)(4).

    Dated: May 23, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.

Appendix

Companies Subject to This Administrative Review

1. Autong Industry Co., Ltd
2. Dandong Xinxing Carbon Co., Ltd
3. Fedmet Resources Corporation
4. Fengchi Imp. and Exp. Co., Ltd
5. Fengchi Imp. and Exp. Co., Ltd. of Haicheng City
6. Fengchi Mining Co., Ltd. of Haicheng City
7. Fengchi Refractories Co., of Haicheng City
8. FRC Global Inc
9. Haicheng Donghe Taidi Refractory Co., Ltd
10. Henan Xintuo Refractory Co., Ltd
11. Liaoning Fucheng Refractories
12. Liaoning Zhongmei High Temperature Material Co., Ltd
13. Liaoning Zhongmei Holding Co., Ltd
14. PRCO America Inc
15. Puyang Refractories Co., Ltd
16. Puyang Refractories Group Co., Ltd
17. Qingdao Wonjin Special Refractory Material Co., Ltd
18. RHI Refractories Liaoning Co., Ltd
19. Shandong Minye Refractory Fibre Co., Ltd
20. Shanxi Xinrong International Trade Co., Ltd
21. Shenglong Refractories Co., Ltd
22. SL Refractories LLC
23. Tangshan Strong Refractories Co., Ltd
24. The Economic Trading Group Of Haicheng Houying Corp. Ltd
25. Tianjin New Century Refractories Co., Ltd
26. Wonjin Refractory Co., Ltd
27. Xinyi New Century Refractories Co., Ltd
28. Yingkou Guangyang Refractories Co., Ltd
29. Yingkou Heping Samwha Minerals, Co., Ltd

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30. Yingkou Heping Sanhua Materials Co., Ltd
31. Yingkou Hongyu Wonjin Refractory Material Co., Ltd
32. Yingkou Jiamei Refractories Co., Ltd
33. Yingkou Mei'ao Mining Product Co., Ltd
34. Zhengzhou Rongsheng Refractory Co., Ltd
35. Zibo Fubang Wonjin Refractory Technology Co., Ltd
36. Zibo Hengsen Refractory Co., Ltd
37. Zibo Hitech Material Co., Ltd
38. Zibo Jiuqiang Refractory Co., Ltd

[FR Doc. 2023-11472 Filed 5-30-23; 8:45 am]
BILLING CODE 3510-DS-P