Notice2023-03324
Certain Magnesia Carbon Bricks From the People's Republic of China: Preliminary Results of Covered Merchandise Inquiry
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 17, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that certain refractory brick samples tested by U.S. Customs and Border Protection (CBP) do not reflect the chemical composition of magnesia alumina carbon (MAC) bricks and are covered by the antidumping duty (AD) and countervailing duty (CVD) orders on certain magnesia carbon bricks (bricks) from the People's Republic of China (China). Additionally, Commerce preliminarily finds that it is unable to determine whether certain other samples tested by CBP have the chemical composition of a bricks subject to the AD and CVD orders on bricks from China. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 88 Issue 33 (Friday, February 17, 2023)</title>
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[Federal Register Volume 88, Number 33 (Friday, February 17, 2023)]
[Notices]
[Pages 10292-10293]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03324]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954, C-570-955]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Preliminary Results of Covered Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that certain refractory brick samples tested by U.S. Customs
and Border Protection (CBP) do not reflect the chemical composition of
magnesia alumina carbon (MAC) bricks and are covered by the antidumping
duty (AD) and countervailing duty (CVD) orders on certain magnesia
carbon bricks (bricks) from the People's Republic of China (China).
Additionally, Commerce preliminarily finds that it is unable to
determine whether certain other samples tested by CBP have the chemical
composition of a bricks subject to the AD and CVD orders on bricks from
China. Interested parties are invited to comment on these preliminary
results.
DATES: Applicable February 16, 2023.
FOR FURTHER INFORMATION CONTACT: Brittany Bauer, 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) 482-3860.
SUPPLEMENTARY INFORMATION:
Background
On July 20, 2022, Commerce published in the Federal Register a
notice of a covered merchandise referral and the initiation of a
covered merchandise inquiry to determine whether certain refractory
bricks are subject to the AD and CVD orders on bricks from China.\1\
For a complete description of the events that followed the initiation
of this inquiry, see the Preliminary Decision Memorandum.\2\ A list of
topics included in the Preliminary Decision Memorandum is included as
the appendix 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. In addition, the Preliminary Decision
Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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\1\ See Certain Magnesia Carbon Bricks from the People's
Republic of China: Notice of Covered Merchandise Referral and
Initiation of Covered Merchandise Inquiry, 87 FR 43238 (July 20,
2022) (Initiation Notice); see also Certain Magnesia Carbon Bricks
from Mexico and the People's Republic of China: Antidumping Duty
Orders,75 FR 57257 (September 20, 2010); and Certain Magnesia Carbon
Bricks from the People's Republic of China: Countervailing Duty
Order, 75 FR 57442 (September 21, 2010) (collectively, Orders).
\2\ See Memorandum, ``Certain Magnesia Carbon Bricks from the
People's Republic of China: Decision Memorandum for the Preliminary
Results of Covered Merchandise Inquiry--EAPA Inv. 7412,'' dated
concurrently with, and hereby adopted by, this notice (Preliminary
Decision Memorandum).
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Scope of the Orders
The merchandise covered by the Orders is magnesia carbon bricks.
For a complete description of the scope of the Orders, see the
Preliminary Decision Memorandum.
Merchandise Subject to the Covered Merchandise Inquiry
The products subject to this inquiry are refractory bricks which
were imported by Fedmet Resources Corporation (Fedmet). CBP's
laboratories tested 11 samples from these bricks and provided the
results of chemical composition tests for the merchandise in its
referral to Commerce.
Methodology
Commerce is conducting this covered merchandise inquiry in
accordance with section 517 of the Tariff Act of 1930, as amended (the
Act) and 19 CFR 351.227. For a full description of the methodology
underlying Commerce's preliminary results, see the Preliminary Decision
Memorandum.
Preliminary Findings
We preliminarily determine, pursuant to 19 CFR 351.227(f), that
certain bricks tested by CBP laboratories do not constitute (non-
subject) MAC bricks and are subject to the scope of the Orders.
Although we can make such a determination for two of the eleven brick
samples, the information on the remaining nine samples is indeterminate
regarding the proper scope classification for the underlying product
tested by CBP. In reaching this preliminary determination, we relied on
information placed on the record by the Magnesia Carbon Bricks Fair
Trade Committee and Fedmet, as well as the documents included with the
referral from CBP. For a full description of the methodology underlying
our conclusions, see the Preliminary Decision Memorandum.
Suspension of Liquidation
As stated above, Commerce has made a preliminary affirmative
finding that certain bricks tested by CBP, which were the subject of
this referral from CBP, are subject to the scope of the Orders. This
affirmative in-scope finding applies on a country-wide basis,
regardless of the producer, exporter, or importer, to all products from
the same country with the same relevant physical characteristics as the
products at issue. Therefore, in accordance with 19 CFR 351.227(l)(2),
Commerce will direct CBP to: (1) continue the suspension of liquidation
of previously suspended entries and apply the applicable cash deposit
rate; (2) begin the suspension of liquidation and require a cash
deposit of estimated duties, at the applicable rate, for each
unliquidated entry of the product not yet suspended, entered, or
withdrawn from warehouse, for consumption on or after July 20, 2022,
the date of publication of the notice of initiation of this covered
merchandise inquiry in the Federal Register; and (3) begin the
suspension of liquidation and require a cash deposit of estimated
duties, at the applicable rate, for each unliquidated entry of the
product not yet suspended, entered, or withdrawn from warehouse, for
consumption prior to July 20, 2022.\3\
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\3\ See Initiation Notice.
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[[Page 10293]]
Public Comment
Case briefs or other written comments may be submitted to the
Assistant Secretary for Enforcement and Compliance. Pursuant to 19 CFR
351.227(d)(3), interested parties may submit case briefs no later than
seven days after the date of publication of this notice. Rebuttal
briefs, limited to issues raised in the case briefs, may be filed not
later than seven days after the date of filing for case briefs.\4\
Parties who submit case briefs or rebuttal briefs in this proceeding
are requested to submit with each argument: (1) a statement of the
issue; (2) a brief summary of the argument; and (3) a table of
authorities.\5\ Executive summaries should be limited to five pages
total, including footnotes.\6\ All submissions, with limited
exceptions, must be filed electronically using ACCESS.\7\ Comments must
be received successfully in their entirety by ACCESS by 5:00 p.m.
Eastern Time on the due date. Note that Commerce has temporarily
modified certain of its requirements for serving documents containing
business proprietary information, until further notice.\8\ Each
submission must be placed on the record of the segment of the
proceeding for the AD order (A-570-954), ACCESS Covered Merchandise
Inquiry segment ``EAPA--7412.''
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\4\ See 19 CFR 351.227(d)(3); see also Temporary Rule Modifying
AD/CVD Service Requirements Due to COVID-19; Extension of Effective
Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\5\ See 19 CFR 351.309(c)(2) and (d)(2).
\6\ Id.
\7\ See 19 CFR 351.303.
\8\ See Temporary Rule.
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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, filed
electronically and received successfully in its entirety via ACCESS by
5:00 p.m. Eastern Time within 10 days after the date of publication of
this notice.\9\ Hearing requests should contain: (1) the party's name,
address, and telephone number; (2) the number of participants; (3)
whether any participant is a foreign national; and (4) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.
Parties should confirm by telephone the date, time, and location of the
hearing two days before the scheduled date.
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\9\ Commerce is exercising its discretion under 19 CFR
351.310(c) to alter the time limit for requesting a hearing.
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Notification to Interested Parties
This notice is issued and published pursuant to section 517 of the
Act and 19 CFR 351.227(e)(1).
Dated: February 10, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix--List of Topics Discussed in the Preliminary Decision
Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Description of Merchandise Subject to this Inquiry
V. Legal Framework
VI. Interested Party Comments
VII. Analysis
VIII. Recommendation
[FR Doc. 2023-03324 Filed 2-16-23; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 17, 2023.
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