[Federal Register Volume 75, Number 182 (Tuesday, September 21, 2010)]
[Notices]
[Pages 57442-57443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23550]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-570-955]
Certain Magnesia Carbon Bricks from the People's Republic of
China: Countervailing Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(the ITC), the Department is issuing a countervailing duty order on
certain magnesia carbon bricks (MCBs) from 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
with respect to imports of MCBs from the PRC and Mexico. See Certain
Magnesia Carbon Bricks from China and Mexico (Investigation Nos. 701-
TA-468 and 731-TA-1166-1167 (Final), USITC Publication 4076, September
2010).
EFFECTIVE DATE: September 21, 2010.
FOR FURTHER INFORMATION CONTACT: Summer Avery or Toni Page, AD/CVD
Operations, Office 6, Import Administration, International Trade
Administration, U.S. Department of Commerce, Room 7866, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4052 or (202) 482-1398, respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2010, the Department published its affirmative final
determination in the countervailing duty investigation of MCBs 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) (Final Determination). On September 8, 2010, the ITC
notified the Department of its final determination pursuant to section
705(b)(1)(A)(i) of the Tariff Act of 1930, as amended (the Act), that
an industry in the United States is materially injured by reason of
imports of merchandise from the PRC found to be subsidized by the
Department's final determination. See section 705(a)(1) of the Act; see
also Final Determination. 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
[[Page 57443]]
subject to the Department's affirmative critical circumstances finding.
Pursuant to section 706(a) of the Act, the Department is publishing a
countervailing duty order on the subject merchandise.
Scope of the Order
The scope of this order 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 this order 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.
Countervailing Duty Order
On September 8, 2010, the ITC notified the Department of its final
determination, pursuant to section 705(b)(1)(A)(i) of the Act, that an
industry in the United States is materially injured as a result of
subsidized imports of MCBs from the PRC.\1\
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\1\ Because the vote of the ITC with respect to imports of MCBs
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.
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As a result of the Department's negative preliminary determination
and subsequent affirmative final determination, liquidation was
suspended effective the publication date of the Final Determination.
See Final Determination, 75 FR at 45474.
In accordance with section 706 of the Act, CBP will continue
suspension of liquidation for MCBs from the PRC, and will assess, upon
further advice by the Department pursuant to section 706(a)(1) of the
Act, countervailing duties for each entry of subject merchandise in an
amount based on the net countervailable subsidy rates for the subject
merchandise.
On or after the date of publication of the ITC's final injury
determination in the Federal Register, CBP must require, at the same
time as importers would normally deposit estimated duties on this
merchandise, a cash deposit equal to the rates noted below:
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Net Countervailable Subsidy
Exporter/Manufacturer Rate
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RHI (RHI Refractories Liaoning Co., Ltd. 24.24 % ad valorem
and RHI Refractories (Dalian) Co., Ltd.).
Mayerton (Liaoning Mayerton Refractories 253.87 % ad valorem
and Dalian Mayerton Refractories Co.
Ltd.)....................................
All Others................................ 24.24 % ad valorem
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With regard to the ITC's negative critical circumstances
determination on imports of the subject merchandise from the PRC, as
noted above, we did not instruct CBP to suspend entries and collect a
cash deposit, bond or other security until publication of our Final
Determination on August 2, 2010. Accordingly, with respect to
countervailing duties, there are no entries prior to March 12, 2010,
for which CBP should lift suspension and release any bond or other
security pursuant to the ITC's negative critical circumstances
determination.
This notice constitutes the countervailing duty order with respect
to MCBs from the PRC pursuant to section 706(a) of the Act. Interested
parties may contact the Department's Central Records Unit, Room 1117 of
the main Commerce building, for copies of an updated list of
countervailing duty orders currently in effect.
This notice is issued and published in accordance with sections
705(c)(2), 706(a) and 777(i)(1) of the Act, and 19 CFR 351.211.
Dated: September 15, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-23550 Filed 9-20-10; 8:45 am]
BILLING CODE 3510-DS-S