[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
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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
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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