[Federal Register Volume 85, Number 145 (Tuesday, July 28, 2020)]
[Notices]
[Pages 45375-45377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16328]


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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 
and Preliminary Determination of No Shipments; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) preliminarily determines 
that Fedmet Resources Corporation (Fedmet) did not have any shipments 
of subject merchandise during the period of review (POR) September 1, 
2018 through August 31, 2019. Commerce also preliminary determines that 
the 16 remaining companies subject to this review are part of the 
China-wide entity because they did not file no shipment statements, 
separate rate applications (SRAs), or separate rate certifications 
(SRCs).

DATES: Applicable July 28, 2020.

FOR FURTHER INFORMATION CONTACT: Matthew Renkey, 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) 482-2312.

SUPPLEMENTARY INFORMATION:

Background

    On November 12, 2019, Commerce published in the Federal Register a

[[Page 45376]]

notice of initiation of an administrative review of the antidumping 
duty order on certain magnesia carbon bricks (magnesia carbon bricks) 
from the People's Republic of China (China) for 17 producers/
exporters.\1\
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 61011 (November 12, 2019) (Initiation 
Notice). The companies subject to this review are: Dandong Xinxing 
Carbon Co., Ltd.; Fedmet; Fengchi Imp. and Exp. Co.; Fengchi Imp. 
and Exp. Co., Ltd. of Haicheng City; Fengchi Mining Co., Ltd. of 
Haicheng City; Fengchi Refractories Co., of Haicheng City; Haicheng 
Donghe Taidi Refractory Co., Ltd.; Henan Xintuo Refractory Co., 
Ltd.; Liaoning Fucheng Refractories; Liaoning Zhongmei High 
Temperature Material Co., Ltd.; Liaoning Zhongmei Holding Co., Ltd.; 
RHI Refractories Liaoning Co., Ltd.; Shenglong Refractories Co., 
Ltd.; Tangshan Strong Refractories Co., Ltd.; The Economic Trading 
Group of Haicheng Houying Corp. Ltd.; Yingkou Heping Samwha 
Minerals, Co., Ltd.; and Yingkou Heping Sanhua Materials Co., Ltd.
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    On December 18, 2019, Fedmet certified that it had no shipments 
during the POR.\2\ We did not receive a no shipment statement, SRA, or 
SRC from any other company subject to this review. On July 9, 2020, CBP 
confirmed that Fedmet made no shipments of subject merchandise to the 
United States during the POR.\3\
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    \2\ See Fedmet's Letter, ``Magnesia Carbon Bricks from the 
People's Republic of China, Case No. A-570-954: No Shipments 
Certification,'' dated December 18, 2019.
    \3\ See Memorandum, ``Certain Magnesia Carbon Bricks from China 
(A-570-954),'' dated July 9, 2019.
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    For a complete description of the events that followed the 
initiation of this administrative review, see the Preliminary Decision 
Memorandum.\4\ A list of topics included in the Preliminary Decision 
Memorandum is included as Appendix II 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, and to all parties in the 
Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Preliminary Decision 
Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary 
Decision Memorandum are identical in content.
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    \4\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of the 2018-2019 Antidumping Duty Administrative Review: 
Magnesia Carbon Bricks from the People's Republic of China,'' dated 
concurrently with, and hereby adopted by, this notice (Preliminary 
Decision Memorandum).
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Scope of the Order

    The products covered by this order are magnesia carbon bricks from 
China. For a full description of the scope, see the Preliminary 
Decision Memorandum.\5\
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    \5\ Id.
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Methodology

    Commerce is conducting this 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 Determination of No Shipments

    Based on the available record information, Commerce preliminarily 
determines that Fedmet had no shipments during the POR. For additional 
information regarding this determination, see the Preliminary Decision 
Memorandum. Consistent with our assessment practice in non-market 
economy (NME) administrative reviews, Commerce is not rescinding this 
review for Fedmet, but intends to complete the review and issue 
appropriate instructions to CBP based on the final results of the 
review.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011); see 
also the ``Assessment Rates'' section, below.
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Separate Rates

    Because no other company under review submitted an SRA or SRC, 
Commerce preliminarily determines that these companies have not 
demonstrated their eligibility for a separate rate. For additional 
information, see the Preliminary Decision Memorandum.

China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, and we did not 
self-initiate a review, the China-wide entity rate (i.e., 236.00 
percent) is not subject to change as a result of this review.\8\ Aside 
from Fedmet, Commerce considers all other companies for which a review 
was requested \9\ to be part of the China-wide entity. For additional 
information, see the Preliminary Decision Memorandum.
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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 Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ See Certain Magnesia Carbon Bricks from Mexico and the 
People's Republic of China: Antidumping Duty Orders, 75 FR 57257 
(September 20, 2010) (Order).
    \9\ See Appendix I.
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Public Comment

    In accordance with 19 CFR 351.309(c), case briefs or other written 
comments may be submitted to the Assistant Secretary for Enforcement 
and Compliance no later than 30 days after the date of publication of 
these preliminary results, unless the Secretary alters the time limit. 
Rebuttal briefs, limited to issues raised in case briefs, may be 
submitted no later than seven days after the deadline date for case 
briefs.\10\ Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who 
submit case briefs or rebuttal briefs in this review are encouraged to 
submit with each argument: (1) A statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities. Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\11\
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    \10\ See 19 CFR 351.309; see also 19 CFR 351.303 (for general 
filing requirements).
    \11\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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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, within 30 days 
after the date of publication of this notice. Requests should contain 
the party's name, address, and telephone number, the number of 
participants, whether any participant is a foreign national, and a list 
of the issues to be discussed. Hearing requests should contain the 
following information: (1) The party's name, address, and telephone 
number; (2) the number of participants; and (3) a list of the issues to 
be discussed. Oral presentations at the hearing will be limited to 
issues raised in the briefs. If a request for a hearing is made, 
Commerce intends to hold the hearing at a date and time to be 
determined.\12\
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    \12\ See 19 CFR 351.310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP shall assess, antidumping duties on all appropriate 
entries of subject merchandise covered by this review.\13\ We intend to 
instruct CBP to

[[Page 45377]]

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 rate of 236.00 percent. 
Commerce intends to issue assessment instructions to CBP 15 days after 
the date of publication of the final results of this review in the 
Federal Register.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ 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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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
sections 751(a)(2)(C) of the Act: (1) For previously-investigated or 
reviewed Chinese and non-Chinese exporters not listed above that 
received a separate rate in a prior segment of this proceeding, the 
cash deposit rate will continue to be the existing exporter-specific 
rate; (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 that for the China-wide entity (i.e., 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 the Chinese exporter that supplied that non-Chinese 
exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.

Notification to Importers

    This notice also serves as a reminder to importers of their 
responsibility under 19 CFR 315.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

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

    Dated: July 21, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.

Appendix I

List of Companies Failing To Demonstrate Eligibility for a Separate 
Rate

1. Dandong Xinxing Carbon Co., Ltd.
2. Fengchi Imp. and Exp. Co., Ltd.
3. Fengchi Imp. and Exp. Co., Ltd. of Haicheng City
4. Fengchi Mining Co., Ltd. of Haicheng City
5. Fengchi Refractories Co., of Haicheng City
6. Haicheng Donghe Taidi Refractory Co., Ltd.
7. Henan Xintuo Refractory Co., Ltd.
8. Liaoning Fucheng Refractories
9. Liaoning Zhongmei High Temperature Material Co., Ltd.
10. Liaoning Zhongmei Holding Co., Ltd.
11. RHI Refractories Liaoning Co., Ltd.
12. Shenglong Refractories Co., Ltd.
13. Tangshan Strong Refractories Co., Ltd.
14. The Economic Trading Group Of Haicheng Houying Corp. Ltd.
15. Yingkou Heping Samwha Minerals, Co., Ltd.
16. Yingkou Heping Sanhua Materials Co., Ltd.

Appendix II

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation

[FR Doc. 2020-16328 Filed 7-27-20; 8:45 am]
BILLING CODE 3510-DS-P