Notice2021-17790
Certain Magnesia Carbon Bricks From Mexico and the People's Republic of China: Continuation of Antidumping Duty Orders and Countervailing Duty Order
Primary source
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Published
August 19, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) orders on certain magnesia carbon bricks (MCBs) from Mexico and the People's Republic of China (China) and the countervailing duty (CVD) order on MCBs from China would be likely to lead to continuation or recurrence of dumping, net countervailable subsidies, and injury to an industry in the United States, Commerce is publishing a notice of continuation of these AD and CVD orders.
Full Text
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<title>Federal Register, Volume 86 Issue 158 (Thursday, August 19, 2021)</title>
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[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46676-46677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-17790]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-837; A-570-954; C-570-955]
Certain Magnesia Carbon Bricks From Mexico and the People's
Republic of China: Continuation of Antidumping Duty Orders and
Countervailing Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
[[Page 46677]]
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) orders on certain magnesia
carbon bricks (MCBs) from Mexico and the People's Republic of China
(China) and the countervailing duty (CVD) order on MCBs from China
would be likely to lead to continuation or recurrence of dumping, net
countervailable subsidies, and injury to an industry in the United
States, Commerce is publishing a notice of continuation of these AD and
CVD orders.
DATES: Applicable August 19, 2021.
FOR FURTHER INFORMATION CONTACT: Daniel Alexander, 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) 482-4313.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2010, Commerce published its AD and CVD orders on
MCBs from China and Mexico.\1\ On January 4, 2021, Commerce published
the notice of initiation of the second sunset review of the Orders,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ As a result of its review, Commerce determined that revocation
of the AD orders would likely lead to a continuation or recurrence of
dumping and that revocation of the CVD order would likely lead to
continuation or recurrence of countervailable subsidies. Commerce,
therefore, notified the ITC of the magnitude of the margins and net
countervailable subsidy rates likely to prevail should the AD and CVD
orders be revoked.\3\
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\1\ See Certain Magnesia Carbon Bricks from Mexico and the
People's Republic of China: Antidumping Duty Orders, 75 FR 57257
(September 20, 2010); see also Certain Magnesia Carbon Bricks from
the People's Republic of China: Countervailing Duty Order, 75 FR
57442 (September 20, 2010) (collectively, Orders).
\2\ See Initiation of Five-Year (Sunset) Review, 86 FR 60
(January 4, 2021).
\3\ See Certain Magnesia Carbon Bricks from Mexico and the
People's Republic of China: Final Results of the Expedited Second
Sunset Reviews of the Antidumping Duty Orders, 86 FR 24847 (May 10,
2021).
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On August 3, 2021, the ITC published notice of its determination,
pursuant to section 751(c) of the Act, that revocation of the AD and
CVD orders on MCBs from Mexico and China would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\4\
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\4\ See Certain Magnesia Carbon Bricks from China and Mexico,
Invs. 701-TA-468 and 731-TA-1166-1167 (Second Review), USITC
Publication 5223 (August 3, 2021).
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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.
Continuation of the Orders
As a result of the determinations by Commerce and the ITC that
revocation of the AD and CVD orders would likely lead to a continuation
or recurrence of dumping and countervailable subsidies and material
injury to an industry in the United States, pursuant to section
751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the
continuation of the Orders. U.S. Customs and Border Protection will
continue to collect AD and CVD duty cash deposits at the rates in
effect at the time of entry for all imports of subject merchandise. The
effective date of the continuation of the Orders will be the date of
publication in the Federal Register of this notice of continuation.
Pursuant to section 751(c)(2) of the Act, Commerce intends to initiate
the next five-year review of the Orders not later than 30 days prior to
the fifth anniversary of the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
These five-year sunset reviews and this notice are in accordance
with section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: August 13, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-17790 Filed 8-18-21; 8:45 am]
BILLING CODE 3510-DS-P
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