[Federal Register Volume 75, Number 181 (Monday, September 20, 2010)]
[Notices]
[Pages 57257-57259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23427]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-837, A-570-954]
Certain Magnesia Carbon Bricks From Mexico and the People's
Republic of China: Antidumping Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the International Trade Commission (the
ITC), the Department is issuing antidumping duty orders on certain
magnesia carbon bricks (MCB) from Mexico and the People's Republic of
China (PRC). On September 8, 2010, the ITC notified the Department of
its affirmative determinations of material injury to a U.S. industry.
See Certain Magnesia Carbon Bricks from China and Mexico (Investigation
Nos. 701-TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4182,
September 2010).
DATES: Effective Date: September 20, 2010.
FOR FURTHER INFORMATION CONTACT: David Goldberger (Mexico) or Paul
Walker (PRC), AD/CVD Operations, Offices 2 and 9 respectively, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC
20230; telephone: (202) 482-4136 or (202) 482-0413, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2010, the Department published its affirmative final
determinations of sales at less than fair value in the antidumping duty
investigations of MCB from Mexico and the PRC. See Certain Magnesia
Carbon Bricks from Mexico: Notice of Final Determination of Sales at
Less Than Fair Value, 75 FR 45097 (August 2, 2010); and Certain
Magnesia Carbon Bricks from the People's Republic of China: Final
Determination of Sales at Less Than Fair Value and Critical
Circumstances, 75 FR 45468 (August 2, 2010) (MCB from the PRC Final).
On September 8, 2010, the ITC notified the Department of its final
determinations pursuant to section 735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in the United States is materially
injured by reason of less-than-fair-value imports of MCB from Mexico
and the PRC.\1\ See section 735(b)(1)(A)(i) of the Act. In addition,
the ITC notified the Department of its final determination that
critical circumstances do not exist with respect to imports of subject
merchandise from the PRC that are subject to the Department's
affirmative critical circumstances finding.\2\ Pursuant to section
736(a) of the Act, the Department is publishing antidumping duty orders
on the subject merchandise.
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\1\ Because the vote of the ITC with respect to imports of MCB
from Mexico was evenly divided between an affirmative determination
of material injury and a negative determination, the Department is
treating this vote, for purposes of duty assessment, as an
affirmative finding of material injury consistent with section
771(11) of the Act. Likewise, because the vote of the ITC with
respect to imports of MCB from the PRC was evenly divided between a
determination of material injury and a determination of threat of
material injury, the Department is treating this vote, for purposes
of duty assessment, as an affirmative finding of material injury
consistent with section 771(11) of the Act.
\2\ Critical circumstances were not alleged with respect to
imports of subject merchandise from Mexico.
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Scope of the Orders
The scope of these orders includes 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 these orders are currently classifiable under
subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000 and
6815.99.4000 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.
Provisional Measures
Section 733(d) of the Act states that suspension of liquidation
instructions issued pursuant to an affirmative preliminary
determination may not remain in effect for more than four months except
where exporters representing a significant proportion of exports of the
subject merchandise request the Department to extend that
[[Page 57258]]
four-month period to no more than six months. At the request of the
exporters that accounted for a significant proportion of exports of the
subject merchandise in the investigations of MCB from Mexico and the
PRC, we extended the four-month period to no more than six months. 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) (MCB from Mexico
Prelim); and Certain Magnesia Carbon Bricks from the People's Republic
of China: Preliminary Determination of Sales at Less Than Fair Value
and Postponement of Final Determination 75 FR 11847 (March 12, 2010)
(MCB from the PRC Prelim).
In these investigations, the six-month period beginning on the date
of the publication of the preliminary determinations (i.e., March 11,
2010, for Mexico and March 12, 2010, for the PRC) will end on September
7, 2010, and September 8, 2010, respectively. Furthermore, section 737
of the Act states that definitive duties are to begin on the date of
publication of the ITC's final injury determination. Therefore, in
accordance with section 733(d) of the Act, we will instruct U.S.
Customs and Border Protection (CBP) to terminate the suspension of
liquidation and to liquidate, without regard to antidumping duties,
unliquidated entries of MCB from Mexico and the PRC entered, or
withdrawn from warehouse, for consumption on or after September 7,
2010, for Mexico and September 8, 2010, for the PRC, and before the
date of publication of the ITC's final injury determination in the
Federal Register. Suspension of liquidation will resume on or after the
date of publication of the ITC's final injury determination in the
Federal Register.
Antidumping Duty Orders
On September 8, 2010, in accordance with section 735(d) of the Act,
the ITC notified the Department of its final determinations that an
industry in the United States is materially injured within the meaning
of section 735(b)(1)(A)(i) of the Act by reason of less-than-fair-value
imports of MCB from Mexico and the PRC.
In accordance with section 736(a)(1) of the Act, the Department
will direct CBP to assess, upon further advice by the Department,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price or constructed export price of the
merchandise for all relevant entries of MCB from Mexico and the PRC.
These antidumping duties will be assessed on all unliquidated entries
of MCB entered from Mexico and the PRC, or withdrawn from warehouse,
for consumption on or after March 11, 2010 (Mexico), or March 12, 2010
(PRC), the date on which the Department published its notices of
preliminary determination in the Federal Register, but prior to
September 7, 2010 (Mexico), or September 8, 2010 (PRC). See MCB from
Mexico Prelim, 75 FR at 11521; and MCB from the PRC Prelim, 75 FR at
11848.
On or after the date of publication of the ITC's notice of final
determinations in the Federal Register, CBP, pursuant to section
736(a)(3) of the Act, will require, at the same time as importers would
normally deposit estimated duties on this merchandise, a cash deposit
equal to the estimated dumping margins listed below. The estimated
dumping margins for imports of subject merchandise from the PRC will be
adjusted for export subsidies found in the final determination of the
companion countervailing duty investigation of this merchandise
imported from the PRC. See Certain Magnesia Carbon Bricks from the
People's Republic of China: Final Affirmative Countervailing Duty
Determination, 75 FR 45472 (August 2, 2010). Specifically, for cash
deposit purposes, we are subtracting from the applicable cash deposit
rate that portion of the rate attributable to the export subsidies
found in the affirmative countervailing duty determination on MCB from
the PRC for respondent RHI Refractories Liaoning Co., Ltd. and for the
separate-rate companies, whose rate is the calculated rate received by
RHI Refractories Liaoning Co., Ltd. See MCB from the PRC Final, 75 FR
at 45471.
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Exporter Producer Margin
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Mexico
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RHI-Refmex S.A. de C.V......... RHI-Refmex S.A. de C.V. 57.90
All Others..................... ....................... 57.90
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PRC
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RHI Refractories Liaoning Co., RHI Refractories 128.10
Ltd. Liaoning Co., Ltd.
Dashiqiao City Guancheng Dashiqiao City 128.10
Refractor Co., Ltd. Guancheng Refractor
Co., Ltd.
Fengchi Imp. And Exp. Co., Ltd. Fengchi Refractories 128.10
Of Haicheng City. Co., of Haicheng City.
Jiangsu Sujia Group New Jiangsu Sujia Group New 128.10
Materials Co. Ltd. Materials Co. Ltd.
Liaoning Fucheng Refractories Liaoning Fucheng 128.10
Group Co., Ltd. Refractories Group
Co., Ltd.
Liaoning Fucheng Special Liaoning Fucheng 128.10
Refractory Co., Ltd. Special Refractory
Co., Ltd.
Liaoning Jiayi Metals & Liaoning Jiayi Metals & 128.10
Minerals Co., Ltd. Minerals Co., Ltd.
Yingkou Bayuquan Refractories Yingkou Bayuquan 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou Dalmond Refractories Yingkou Dalmond 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou Guangyang Co., Ltd..... Yingkou Guangyang Co., 128.10
Ltd.
Yingkou Jiahe Refractories Co., Yingkou Jiahe 128.10
Ltd. Refractories Co., Ltd.
Yingkou Kyushu Refractories Yingkou Kyushu 128.10
Co., Ltd. Refractories Co., Ltd.
Yingkou New Century Yingkou New Century 128.10
Refractories Ltd. Refractories Ltd.
Yingkou Wonjin Refractory Yingkou Wonjin 128.10
Material Co., Ltd. Refractory Material
Co., Ltd.
PRC-wide Entity*............... ....................... 236.00
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\*\ This rate also applies to Liaoning Mayerton Refractories Co., Ltd.
and Dalian Mayerton Refractories Co., Ltd.
With regard to the ITC negative critical circumstances
determination on imports of the subject merchandise from the PRC, we
will instruct CBP to lift suspension and to release any bond or other
security, and refund any cash deposit made, to secure the payment of
estimated antidumping duties with respect to entries of the merchandise
entered, or withdrawn from warehouse, for consumption on or after
December 12, 2009 (i.e., 90 days prior to the date
[[Page 57259]]
of publication of the preliminary determination in the Federal
Register), but before March 12, 2010.
This notice constitutes the antidumping duty orders with respect to
MCB from Mexico and the PRC, pursuant to section 736(a) of the Act.
Interested parties may contact the Department's Central Records Unit,
Room 7046 of the Main Commerce Building, for copies of an updated list
of antidumping duty orders currently in effect.
These orders are issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211(b).
Dated: September 13, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23427 Filed 9-17-10; 8:45 am]
BILLING CODE 3510-DS-P