[Federal Register Volume 84, Number 201 (Thursday, October 17, 2019)]
[Notices]
[Pages 55557-55559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22672]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Rescission of Countervailing Duty Administrative Review; 2017
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 55558]]
SUMMARY: The Department of Commerce (Commerce) is rescinding the
administrative review of the countervailing duty (CVD) order on certain
magnesia carbon bricks (magnesia carbon bricks) from the People's
Republic of China (China) for the period of review January 1, 2017,
through December 31, 2017 (POR).
DATES: Applicable October 17, 2019.
FOR FURTHER INFORMATION CONTACT: Gene H. Calvert, AD/CVD Operations,
Office VII, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3586.
SUPPLEMENTARY INFORMATION:
Background
On September 11, 2018, Commerce published in the Federal Register a
notice of opportunity to request an administrative of the CVD order on
magnesia carbon bricks from China for the POR.\1\ On October 1, 2018,
the Magnesia Carbon Bricks Fair Trade Committee (MC Bricks Committee)
timely submitted a request to review the Companies Subject to Review,
in accordance with 19 CFR 351.213(b).\2\ No other party submitted a
request for an administrative review of magnesia carbon bricks from
China for the POR. On November 15, 2018, Commerce published in the
Federal Register a notice of initiation of this administrative
review.\3\ In the Initiation Notice, we stated that in the event we
limited the number of respondents for individual examination, we
intended to select respondents based on U.S. Customs and Border
Protection (CBP) data for U.S. imports of magnesia carbon bricks from
China during the POR.\4\ On December 4, 2018, we notified interested
parties that CBP's database, which is comprised of actual U.S. entries
of subject merchandise, indicated that there were no entries of
magnesia carbon bricks from China that are subject to CVD duties with
respect to the Companies Subject to Review during the POR.\5\ Commerce
solicited comments from interested parties on the CBP Entry Data.\6\ On
December 11, 2018 the MC Bricks Committee filed timely comments on the
CBP Entry Data stating that Commerce should obtain CBP entry
information for ``Type-1'' entries that were imported or exported by
Fedmet and place that information on the record as Commerce did in the
most-recently completed administrative review of magnesia carbon bricks
from China.\7\ On December 13, 2018, Fedmet and the Fengchi Companies
each submitted timely certifications of no shipments, and they both
requested that Commerce rescind the administrative review of the
respective entities.\8\ In its certification of no shipments, Fedmet
stated that it is a U.S. importer and distributor of non-subject
merchandise from China and an importer of various types of refractory
bricks from non-subject sources.\9\ Fedmet also requested that Commerce
terminate this administrative review with respect to Fedmet, arguing
that the MC Bricks Committee had no grounds to request an
administrative review of Fedmet, and that Commerce has no lawful basis
to conduct this review with respect to Fedmet.\10\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 83 FR 45888 (September 11, 2018).
\2\ See Letter from the MC Bricks Committee, ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Request for
Administrative Review,'' dated October 1, 2018. The MC Bricks
Committee is an ad hoc association comprised of three U.S. producers
of magnesia carbon bricks: Resco Products, Inc.; Magnesita
Refractories Company; and HarbisonWalker International, Inc. The
Companies Subject to Review are: Fedmet Resources Corporation
(Fedmet); Fengchi Imp. and Exp. Co., Ltd., Fengchi Imp. and Exp.
Co., Ltd. of Haicheng City, Fengchi Mining Co., Ltd. of Haicheng
City, and Fengchi Refractories Co., of Haicheng City (collectively,
the Fengchi Companies); Liaoning Zhongmei High Temperature Material
Co., Ltd.; Liaoning Zhongmei Holding Co., Ltd.; RHI Refractories
Liaoning Co., Ltd.; Shenglong Refractories Co., Ltd.; Yingkou Heping
Samwha Minerals, Co., Ltd.; and Yingkou Heping Sanhua Materials Co.,
Ltd.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 83 FR 57411 (November 15, 2018) (Initiation
Notice).
\4\ Id. at the section, ``Respondent Selection.''
\5\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China; 2017: Release of U.S. Customs and Border
Protection (CBP) Data for Respondent Selection,'' dated December 4,
2018 (CBP Entry Data).
\6\ Id.
\7\ See Letter from the MC Bricks Committee, ``Certain Magnesia
Carbon Bricks from the People's Republic of China: Comments on CBP
Data Query,'' dated December 11, 2018.
\8\ See Letter from Fedmet, ``Magnesia Carbon Bricks from the
People's Republic of China, Case No. C-570-955: No Shipments
Certification,'' dated December 13, 2018 (Fedmet's Certification of
No Shipments); see also Letter from the Fengchi Companies,
``Magnesia Carbon Bricks from the People's Republic of China, Case
No. C-570-955: No Shipments Certification,'' dated December 13,
2018.
\9\ See Fedmet's Certification of No Shipments.
\10\ Id.
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On June 28, 2019, Commerce requested that CBP confirm whether any
shipments of magnesia carbon bricks from China entered the United
States during the POR with respect to the Companies Subject to
Review.\11\ On this same day, CBP responded to Commerce's inquiry and
confirmed that there were no shipments of magnesia carbon bricks from
China during the POR with respect to the Companies Subject to
Review.\12\ On September 12, 2019, Commerce issued a memorandum stating
that it intended to rescind this administrative review based on the
lack of suspended entries with respect to the Companies Subject to
Review, and invited comments from interested parties.\13\ No interested
party commented on Commerce's intent to rescind this administrative
review.
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\11\ See CBP message no. 9179316, dated June 28, 2019.
\12\ See Memorandum, ``Certain magnesia carbon bricks from the
People's Republic of China (China) (C-570-955),'' dated July 2,
2019.
\13\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China: Intent to Rescind the 2017
Administrative Review,'' dated September 12, 2019 (Intent to Rescind
Memorandum).
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Rescission of Review
It is Commerce's practice to rescind an administrative review of a
CVD order, pursuant to 19 CFR 351.213(d)(3), when there are no
reviewable entries of subject merchandise during the POR for which
liquidation is suspended.\14\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
assessment rate calculated for the review period.\15\ Therefore, for an
administrative review to be conducted, there must be a reviewable,
suspended entry for which Commerce can instruct CBP to liquidate at the
newly calculated assessment rate.\16\ Based on our examination of the
record, we continue to find that there is no evidence of reviewable
entries, shipments, or U.S. sales of subject merchandise during the
POR.\17\ Accordingly, in the absence of suspended entries of subject
merchandise during the POR for this administrative review, Commerce is
rescinding this administrative review of the CVD order on magnesia
carbon bricks from China, pursuant to 19 CFR 351.213(d)(3). Commerce
intends to issue appropriate assessment instructions to CBP 15 days
after the
[[Page 55559]]
date of publication of this notice in the Federal Register.
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\14\ See, e.g., Circular Welded Carbon Quality Steel Pipe from
the People's Republic of China: Rescission of Countervailing Duty
Administrative Review; 2017, 84 FR 14650 (April 11, 2019);
Lightweight Thermal Paper from the People's Republic of China:
Notice of Rescission of Countervailing Duty Administrative Review;
2015, 82 FR 14349 (March 20, 2017); and Lightweight Thermal Paper
from the People's Republic of China: Notice of Rescission of
Countervailing Duty Administrative Review, 81 FR 50683 (August 2,
2016).
\15\ See 19 CFR 351.212(b)(2).
\16\ See, e.g., Certain Magnesia Carbon Bricks from the People's
Republic of China: Rescission of Countervailing Duty Administrative
Review; 2016, 84 FR 22437 (May 17, 2019).
\17\ See Intent to Rescind Memorandum.
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Administrative Protective Order
This notice serves as a 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). Timely written
notification of 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.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: October 8, 2019.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2019-22672 Filed 10-16-19; 8:45 am]
BILLING CODE 3510-DS-P