[Federal Register Volume 75, Number 147 (Monday, August 2, 2010)]
[Notices]
[Pages 45097-45098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-18925]
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DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
(A-201-837)
Certain Magnesia Carbon Bricks from Mexico: Notice of Final
Determination of Sales at Less Than Fair Value
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce determines that certain magnesia
carbon bricks (bricks) from Mexico are being, or are likely to be, sold
in the United States at less-than-fair-value (LTFV), as provided in
section 735 of the Tariff Act of 1930, as amended (the Act). The
estimated margins of sales at LTFV are shown in the ``Final
Determination Margins'' section of this notice.
EFFECTIVE DATE: (August 2, 2010.)
FOR FURTHER INFORMATION CONTACT: David Goldberger or Katherine Johnson,
AD/CVD Operations, Office 2, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-4136
and (202) 482-4929, respectively.
SUPPLEMENTARY INFORMATION:
Background
On March 11, 2010, the Department of Commerce (Department)
published in the Federal Register the preliminary determination of
sales at LTFV in the antidumping duty investigation of certain magnesia
carbon bricks from Mexico. See Certain Magnesia Carbon Bricks from
Mexico: Notice of Preliminary Determination of Sales at Less Than Fair
Value and Postponement of Final Determination, 75 FR 11517 (March 11,
2010) (Preliminary Determination).
On April 9, 2010, the Department issued a post-preliminary
determination analysis for the respondent in this investigation, RHI-
Refmex S.A. de C.V. (Refmex) in which the Department applied a
quarterly costing methodology to recalculate the cost of production
(COP). See Memorandum entitled ``Cost of Production and Constructed
Value Calculation Adjustments for the Post-Preliminary Analysis RHI-
Refmex S.A. de C.V.,'' dated April 7, 2010; and Memorandum entitled
``Post-Preliminary Determination Analysis Utilizing Quarterly Cost
Methodology for Refmex,'' dated April 9, 2010. Based on the data and
methodology described in these memoranda, we calculated a post-
preliminary dumping margin for Refmex of 50.28 percent.
During April and May 2010, we verified the sales and COP
questionnaire responses of Refmex. During May 2010, we issued the COP,
U.S. sales, and home market sales verification reports. See Memorandum
to the File entitled ``Verification of the Cost Response of RHI-Refmex
S.A. de C.V. in the Antidumping Duty Investigation of Certain Magnesia
Carbon Bricks from Mexico,'' dated May 10, 2010 (CVR); Memorandum to
the File entitled ``Verification of the CEP Sales Response of RHI-
Refmex S.A. de C.V.,'' dated May 12, 2010 (CEPVR); and Memorandum to
the File entitled ``Verification of the Home Market Sales Response of
RHI-Refmex S.A. de C.V.,'' dated June 1, 2010 (HMVR).
On June 8 and June 15, 2010, respectively, the petitioner in this
investigation, Resco Products Inc, and Refmex each submitted case and
rebuttal briefs.
Period of Investigation (POI)
The POI is July 1, 2008, to June 30, 2009. This period corresponds
to the four most recent fiscal quarters prior to the month of the
filing of the petition. See 19 CFR 351.204(b)(1).
Scope of Investigation
The merchandise under investigation consists of certain chemically-
bonded (resin or pitch), magnesia carbon bricks with a magnesia
component of at least 70 percent magnesia (MgO) by weight, regardless
of the source of raw materials for the MgO, with carbon levels ranging
from trace amounts to 30 percent by weight, regardless of enhancements
(for example, magnesia carbon bricks can be enhanced with coating,
grinding, tar impregnation or coking, high temperature heat treatments,
anti-slip treatments or metal casing) and regardless of whether or not
antioxidants are present (for example, antioxidants can be added to the
mix from trace amounts to 15 percent by weight as various metals, metal
alloys, and metal carbides). Certain magnesia carbon bricks that are
the subject of this investigation are currently classifiable under
subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000, and
6815.99.4000\1\ of the Harmonized Tariff Schedule of the United States
(HTSUS). While HTSUS subheadings are provided for convenience and
customs purposes, the written description is dispositive.
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\1\ In the Preliminary Determination, we included HTSUS
subheading 6815.99 in our description of the scope of the
investigation. Subsequently, we determined that all of the ten-digit
subheadings under this subheading must be used instead. Accordingly,
the HTSUS ten-digit subheadings have been listed.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs submitted by the
parties to this investigation are addressed in the ``Issues and
Decision Memorandum for the Final Determination in the Less-Than-Fair-
Value Investigation of Certain Magnesia Carbon Bricks from Mexico''
from Edward C. Yang, Acting Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations, to Ronald K. Lorentzen, Deputy
Assistant Secretary for Import Administration (Decision Memo), dated
July 26, 2010, which is hereby adopted by this notice. A list of the
issues that parties have raised and to which we have responded, all of
which are in the Decision Memo, is attached to this notice as an
appendix. Parties can find a complete discussion of all issues raised
in this investigation and the corresponding recommendations in the
Decision Memo, which is on file in the Central Records Unit, Room 1117
of the Commerce Department. In addition, a complete version of the
Decision Memo
[[Page 45098]]
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The
paper copy and electronic version of the Decision Memo are identical in
content.
Verification
As provided in section 782(i) of the Act, we verified the sales and
COP information submitted by Refmex for use in our final determination.
We used standard verification procedures including an examination of
relevant accounting and production records, and original source
documents provided by the respondent. Our sales and cost verification
results are outlined in separate verification reports. See CEPVR, HMVR,
and CVR. The verification reports are on file and available in the
Central Records Unit, Room 1117 of the Commerce Department.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we have made certain changes to the margin calculations
for Refmex. For a discussion of these changes, see the ``Margin
Calculations'' section of the Decision Memo.
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing U.S. Customs and Border Protection (CBP) to continue to
suspend liquidation of all imports of subject merchandise that are
entered or withdrawn from warehouse, for consumption on or after March
11, 2010, the date of publication of the preliminary determination in
the Federal Register. We will instruct CBP to continue to require a
cash deposit or the posting of a bond for all companies based on the
estimated weighted-average dumping margins shown below. The suspension
of liquidation instructions will remain in effect until further notice.
Final Determination Margins
We determine that the weighted-average dumping margins are as
follows:
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Weighted-Average
Manufacturer/Exporter Margin (percent)
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RHI-Refmex S.A. de C.V.............................. 57.90
All Others.......................................... 57.90
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All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated ``All
Others'' rate shall be an amount equal to the weighted average of the
estimated weighted-average dumping margins established for exporters
and producers individually investigated, excluding any zero and de
minimis margins, and any margins determined entirely under section 776
of the Act. Refmex is the only respondent in this investigation for
which the Department calculated a company-specific rate. Therefore, for
purposes of determining the all-others rate and pursuant to section
735(c)(5)(A) of the Act, we are using the weighted-average dumping
margin calculated for Refmex, as referenced above. See, e.g., Notice of
Final Determination of Sales at Less Than Fair Value: Stainless Steel
Sheet and Strip in Coils From Italy, 64 FR 30750, 30755 (June 8, 1999);
and Coated Free Sheet Paper from Indonesia: Notice of Preliminary
Determination of Sales at Less Than Fair Value and Postponement of
Final Determination, 72 FR 30753, 30757 (June 4, 2007), unchanged in
Notice of Final Determination of Sales at Less Than Fair Value: Coated
Free Sheet Paper from Indonesia, 72 FR 60636 (October 25, 2007).
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission (ITC) of our final determination. As our
final determination is affirmative, the ITC will determine within 45
days whether imports of the subject merchandise are causing material
injury, or threat of material injury, to an industry in the United
States. If the ITC determines that material injury or threat of injury
does not exist, the proceeding will be terminated and all securities
posted will be refunded or canceled. If the ITC determines that such
injury does exist, the Department will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Return or Destruction of Proprietary Information
This notice will serve as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of return/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 determination and notice in
accordance with sections 735(d) and 777(i) of the Act.
Dated: July 26, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memo
Comments
Comment 1: Exclusion of Functional Magnesia Carbon Brick Products from
the Scope
Comment 2: CEP Offset
Comment 3: Adjustments to COP Data
Comment 4: Treatment of Full Line Service Contract Transactions
Comment 5: Movement Expenses
Comment 6: Home Market Price Adjustments
Comment 7: Adjustments to U.S. Sales Prices
Comment 8: Indirect Selling Expenses Incurred in Mexico
[FR Doc. 2010-18925 Filed 7-30-10; 8:45 am]
BILLING CODE 3510-DS-S