[Federal Register Volume 84, Number 200 (Wednesday, October 16, 2019)]
[Notices]
[Pages 55287-55289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22515]
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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 the Antidumping Duty Administrative
Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) preliminarily determines
to rescind this administrative review, as there is no evidence of any
reviewable entries, shipments, or sales of certain magnesia carbon
bricks (magnesia carbon bricks) from the People's Republic of China
(China) to the United States during the September 1, 2017 through
August 31, 2018 period of review (POR) by the companies subject to this
review. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable October 16, 2019.
FOR FURTHER INFORMATION CONTACT: Nathan James, AD/CVD Operations,
[[Page 55288]]
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 November 15, 2018, Commerce published in the Federal Register a
notice of initiation of an administrative review of the antidumping
duty order on magnesia carbon bricks for five producers/exporters for
the POR. \1\ Commerce exercised its discretion to toll all deadlines
affected by the partial federal government closure from December 22,
2018 through the resumption of operations on January 28, 2019.\2\
Commerce extended the deadline for these preliminary results from July
12, 2019, to no later than October 10, 2019. For a more detailed
description of the events that followed the initiation of this review,
see the Preliminary Decision Memorandum, dated concurrently with these
results and hereby adopted by this notice.\3\
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\1\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57414 (November 15, 2018) (Initiation
Notice). The companies subject to this review are Fedmet Resources
Corporation (Fedmet); Fengchi Imp. and Exp. Co., Ltd. of Haicheng
City, Fengchi Mining Co., Ltd. of Haicheng City, and Fengchi
Refractories Co., of Haicheng City (collectively, Fengchi); and RHI
Liaoning Zhongmei High Temperature Material Co., Ltd., Liaoning
Zhongmei Holding Co., Ltd., RHI Refractories Liaoning Co., Ltd.,
Shenglong Refractories Co., Ltd., Yingkou Heping Sanhua Materials
Co., Ltd., and Yingkou Heping Samwha Minerals, Co., Ltd.
\2\ See Memorandum, ``Deadlines Affected by the Partial Shutdown
of the Federal Government,'' dated January 28, 2019. All deadlines
in this proceeding have been extended by 40 days.
\3\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of the Administrative Review of the Antidumping Duty Order
on Certain Magnesia Carbon Bricks from the People's Republic of
China; 2017-2018,'' dated concurrently with this notice (Preliminary
Determination Memorandum).
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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 to ACCESS is available to registered users at http://access.trade.gov and is available to all parties in the Central Records
Unit, Room B8024 of the main Commerce building. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at http://enforcement.trade.gov/frn/index.html. A list of topics
discussed in the Preliminary Decision Memorandum is attached as an
Appendix to this notice. The signed Preliminary Decision Memorandum and
the electronic versions of the Preliminary Decision Memorandum are
identical in content.
Scope of the Order
The scope of the order includes certain chemically-bonded magnesia
carbon bricks from China. A full description of the scope of the order
is contained in the Preliminary Decision Memorandum, which is hereby
adopted by this notice.
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). For a full description of the methodology underlying our
conclusions, see the Preliminary Decision Memorandum.
Preliminary Intent To Rescind the Administrative Review, in Part, and
Status of the China-Wide Entity
Based on information submitted after the initiation of this
administrative review, and due to the fact that we have not received
any information from U.S. Customs and Border Protection (CBP)
indicating that the companies that submitted no shipment certifications
had reviewable entries of subject merchandise to the United States
during the POR, Commerce preliminarily determines certain companies
subject to this review had no reviewable entries of subject merchandise
during the POR.\4\ Should evidence arise that leads us to conclude that
the companies subject to review had reviewable entries of subject
merchandise during the POR, we will revisit this issue in the final
results. Otherwise, pursuant to 19 CFR 351.213(d)(3), we intend to
rescind the administrative review of these companies in the final
results.
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\4\ See Memorandum, ``Certain magnesia carbon bricks from China
(A-570-954)'' dated July 31, 2019 (detailing CBP's response to
Commerce's no-shipment inquiry).
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Additionally, none of the following companies subject to this
review filed a separate rate application or certification: Liaoning
Zhongmei High Temperature Material Co., Ltd., Liaoning Zhongmei Holding
Co., Ltd., RHI Refractories Liaoning Co., Ltd., Shenglong Refractories
Co., Ltd., Yingkou Heping Sanhua Materials Co., Ltd., and Yingkou
Heping Samwha Minerals, Co., Ltd. Thus, Commerce preliminarily
determines that these companies have not demonstrated their eligibility
for separate rate status. As such, Commerce preliminarily determines
that these companies 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. Accordingly, the NME entity will not be under review unless
Commerce 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. Moreover, 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.
Public Comment
Case briefs must be submitted to Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS) 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 five days after the deadline date for case
briefs.\5\ Commerce will notify interested parties when it has
determined a deadline for case briefs via ACCESS. Parties who submit
case or rebuttal briefs in this proceeding 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.\6\
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\5\ See 19 CFR 351.309(c)(1)(ii) and 351.309(d)(1).
\6\ See 19 CFR 351.309(c)(2) and 351.309(d)(2).
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce,
filed electronically through ACCESS, within 30 days after the
publication of this notice. Hearing requests should contain the party's
name, address, telephone number, the number of participants, and a list
of the issues parties intend to present at the hearing. If a request
for a hearing is made, Commerce intends to hold the hearing at the U.S.
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC
20230, at a time to be determined. Prior to the hearing, Commerce will
contact all parties who submitted case or rebuttal briefs to determine
if they wish to participate in the hearing. Commerce will then
distribute a hearing schedule to these parties prior to the hearing,
and only those parties listed on the hearing schedule may present
issues raised in their briefs.
[[Page 55289]]
All submissions, with limited exceptions, must be filed
electronically using ACCESS.\7\ An electronically filed document must
be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern
Time, on the due dates established above (or, where applicable, to be
established by Commerce at a later date). Documents excepted from the
electronic submission requirements must be filed manually (i.e., in
paper form) with the APO/Dockets Unit in Room 18022 and stamped with
the date and time of receipt by on the due date.\8\
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\7\ See 19 CFR 351.303.
\8\ Id.
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Unless otherwise extended, Commerce intends to issue the final
results of this administrative review within 120 days of the
publication of these preliminary results, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
We intend to issue appropriate assessment instructions to CBP 15
days after the publication of the final rescission (or, should we find
that the companies subject to this review had reviewable entries of
subject merchandise to the United States during the POR, the final
results) of this administrative review.
These preliminary results are issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR
351.221(b)(4).
Dated: October 9, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Preliminary Intent To Rescind the Administrative Review, in
Part, and Status of the China-wide Entity
V. Public Comment
VI. Recommendation
[FR Doc. 2019-22515 Filed 10-15-19; 8:45 am]
BILLING CODE 3510-DS-P