[Federal Register Volume 85, Number 138 (Friday, July 17, 2020)]
[Notices]
[Pages 43538-43540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15472]
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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; 2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
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, 2018
through December 31, 2018 (POR).
DATES: Applicable July 17, 2020.
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.
[[Page 43539]]
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2019, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the CVD
order on magnesia carbon bricks from China for the POR.\1\ On September
30, 2019, the Magnesia Carbon Bricks Fair Trade Committee (MC Bricks
Committee) timely submitted a request to review multiple companies, in
accordance with 19 CFR 351.213(b).\2\ No other party submitted a
request for an administrative review of the CVD order on magnesia
carbon bricks from China for the POR.
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 45949 (September 3, 2019).
\2\ See MC Bricks Committee's Letter, ``Certain Magnesia Carbon
Bricks from the People's Republic of China: Request for
Administrative Review,'' dated September 30, 2019. The MC Bricks
Committee is an ad hoc business association comprised of three U.S.
producers of magnesia carbon bricks: Resco Products, Inc.; Magnesita
Refractories Company; and HarbisonWalker International, Inc. The
companies requested are: Dandong Xinxing Carbon Co., Ltd.; 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; 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 October 4, 2019, Fedmet filed an objection to the MC Bricks
Committee's request for Commerce to conduct this administrative review
with respect to Fedmet, arguing that Fedmet is not, nor has it ever
been, a producer or exporter of magnesia carbon bricks from China.\3\
As such, according to Fedmet, the MC Bricks Committee had no grounds to
request a review of Fedmet and, therefore, Commerce should decline to
initiate this administrative review with respect to Fedmet.\4\ No party
commented on Fedmet's Letter of Objection.
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\3\ See Fedmet's Letter, ``Certain Magnesia Carbon Bricks from
the People's Republic of China, Case No. C-570-955: Response to
Petitioner's Request for Administrative Review,'' dated October 4,
2019 (Fedmet's Letter of Objection).
\4\ Id.
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On November 12, 2019, Commerce published in the Federal Register a
notice of initiation of this administrative review for all requested
companies, including Fedmet.\5\ In the Initiation Notice, Commerce
stated that in the event it limits the number of respondents for
individual examination, it 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.\6\ On November 18, 2019,
Commerce notified interested parties that CBP's database, which is
comprised of actual U.S. entries of subject merchandise, indicated that
there were no POR entries of magnesia carbon bricks from China that are
subject to CVD duties with respect to the requested companies, and
invited interested parties to comment on the CBP Entry Data.\7\ No
interested party commented on the CBP Entry Data.
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\5\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 61001 (November 12, 2019) (Initiation
Notice).
\6\ Id. at the section, ``Respondent Selection.''
\7\ See Memorandum, ``Administrative Review of the
Countervailing Duty Order on Certain Magnesia Carbon Bricks from the
People's Republic of China; 2018: Release of U.S. Customs and Border
Protection (CBP) Data for Respondent Selection,'' dated November 18,
2019 (CBP Entry Data).
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On December 12, 2019, Fedmet timely submitted a certification of no
shipments, stating that it made no entries, exports, or sales of
subject merchandise imported from China into the United States during
the POR, and stated that it is a U.S. importer and distributer of non-
subject merchandise from China.\8\ Fedmet reiterated its argument that
the MC Bricks Committee had no grounds to request this administrative
review with respect to Fedmet, and argued that Commerce has no lawful
basis to conduct this review regarding Fedmet.\9\ Fedmet also requested
that Commerce terminate this review with respect to Fedmet or, in the
alternative, rescind this review with respect to Fedmet in accordance
with 19 CFR 351.213(d)(3).\10\ No interested party commented on
Fedmet's Certification of No Shipments.
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\8\ See Fedmet's Letter, ``Magnesia Carbon Bricks from the
People's Republic of China, Case No. C-570-955: No Shipments
Certification,'' dated December 12, 2019 (Fedmet's Certification of
No Shipments).
\9\ Id.
\10\ Id.
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On February 14, 2020, Commerce requested that CBP confirm whether
any shipments of magnesia carbon bricks from China entered the United
States during the POR regarding any of the requested companies.\11\ On
March 9, 2020, 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 requested companies.\12\ No interested party
commented on CBP's Confirmation of No Shipments.
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\11\ See CBP message No. 0045406, dated February 14, 2020.
\12\ See Memorandum, ``Certain Magnesia Carbon Bricks from the
People's Republic of China (China): Results of U.S. Customs and
Border Protection (CBP) No Shipments Inquiry with Respect to Various
Companies During the Period January 1, 2018, through December 31,
2018 (CBP's Confirmation of No Shipments).
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On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days.\13\ As such, the current deadline for the
preliminary results in this administrative review is July 21, 2020. On
June 25, 2020, Commerce issued a memorandum stating that it intended to
rescind this administrative review based on the lack of suspended
entries related to the requested companies, and invited comments from
interested parties.\14\ No interested party commented on Commerce's
intent to rescind this administrative review.
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\13\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
\14\ 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 2018
Administrative Review,'' dated June 25, 2020 (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.\15\ Normally, upon completion of an
administrative review, the suspended entries are liquidated at the
assessment rate calculated for the review period.\16\ 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.\17\ Based on an examination of the
record, Commerce finds that there is no evidence of reviewable entries,
[[Page 43540]]
shipments, or U.S. sales of subject merchandise (i.e., magnesia carbon
bricks from China) during the POR.\18\ 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), in its entirety. Commerce intends to issue
appropriate assessment instructions to CBP 15 days after the
publication date of this rescission notice in the Federal Register.
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\15\ 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) (Magnesia Carbon Bricks
2016 AR) and accompanying Issues and Decision Memorandum (IDM); see
also Circular Welded Carbon Quality Steel Pipe from the Republic of
China: Rescission of Countervailing Duty Administrative Review;
2017, 84 FR 14650 (April 11, 2019); see also 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).
\16\ See 19 CFR 351.212(b)(2).
\17\ See Magnesia Carbon Bricks 2016 AR and accompanying IDM at
5-6.
\18\ 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.
Commerce is issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(1) of the Tariff Act of 1930, as amended,
and 19 CFR 351.213(d)(4).
Dated: July 9, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2020-15472 Filed 7-16-20; 8:45 am]
BILLING CODE 3510-DS-P