Notice2023-09428
Certain Magnesia Carbon Bricks From the People's Republic of China: Final Determination in 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
May 4, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) 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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 86 (Thursday, May 4, 2023)</title>
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[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28495-28496]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09428]
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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: Final Determination in Covered Merchandise Inquiry
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) 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 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.
DATES: Applicable May 4, 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 February 17, 2023, Commerce published in the Federal Register
the preliminary results of this covered merchandise inquiry,
determining that certain refractory bricks are subject to the AD and
CVD orders on bricks from China.\1\ Commerce received comments from
Fedmet Resources Corporation (Fedmet) \2\ and the Magnesia Carbon
Bricks Fair Trade Committee (Committee).\3\ For a complete description
of the events that followed the Preliminary Results, see the Issues and
Decision Memorandum.\4\
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\1\ See Certain Magnesia Carbon Bricks from the People's
Republic of China: Preliminary Results of Covered Merchandise
Inquiry, 88 FR 10292 (February 17, 2023) (Preliminary Results). 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 Fedmet's Letter, ``Fedmet's Case Brief,'' dated February
28, 2023.
\3\ See Committee's Letter, ``Rebuttal Brief,'' dated March 7,
2023.
\4\ See Memorandum, ``Decision Memorandum for the Final
Determination of Covered Merchandise Inquiry--EAPA Inv. 7412:
Certain Magnesia Carbon Bricks from the People's Republic of
China,'' dated concurrently with, and hereby adopted by, this notice
(Issues and Decision Memorandum).
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The Issues and 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 Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
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 Issues
and Decision Memorandum.
Merchandise Subject to the Covered Merchandise Inquiry
The products subject to this inquiry are certain refractory bricks
which were imported by 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.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs that were
submitted by parties in this inquiry are addressed in the Issues and
Decision Memorandum. For a list of the issues raised by interested
parties and addressed in the Issues and Decision Memorandum, see the
Appendix to this notice.
Final Determination
We determine, pursuant to 19 CFR 351.227(e)(2), that certain bricks
tested by CBP laboratories do not constitute (non-subject) MAC bricks
and, thus, 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 products tested by
CBP. In reaching this determination, we relied on information placed on
the record by the Committee and Fedmet, as well as the documents
included with the referral from CBP. For a full description of the
analysis underlying our conclusions, see the Issues and Decision
Memorandum.
Continuation of Suspension of Liquidation
As stated above, Commerce has made an affirmative finding that
certain of the 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 that were determined to be within the scope of the
Orders. Therefore, in accordance with 19 CFR 351.227(l)(3), Commerce
will direct CBP to: (1) continue the suspension of liquidation of
previously suspended entries and apply the applicable cash deposit
rate; (2) suspend 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) suspend 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, but after November 4, 2021.\5\
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\5\ 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).
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Customs and Border Protection Notification
In accordance with section 517(b)(4)(B) of the Act, we will notify
CBP of the final determination in this covered merchandise inquiry.
Commerce will direct CBP to assess, upon further instruction by
Commerce, AD and CVD duties on all imports of certain refractory bricks
having less than
[[Page 28496]]
five percent alumina levels upon importation (as measured by a testing
protocol that does not create aluminum oxidation in the tested
materials, or that accounts for such distortions in the resulting
chemical composition analysis) and otherwise meeting the parameters of
the scope of the Orders, entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation, as discussed above in the ``Continuation of Suspension of
Liquidation'' section.
Notification Regarding Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3), which continues to govern
business proprietary information in this segment of the proceeding.
Timely written notification of the return or 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.
Notification to Interested Parties
This notice is issued and published pursuant to section 517 of the
Act and 19 CFR 351.227(e)(2).
Dated: April 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Orders
IV. Description of Merchandise Subject to This Inquiry
V. Discussion of the Issues
Comment 1: Whether Commerce Has Impermissibly Modified the
Fedmet Ruling
Comment 2: Whether Commerce Should Find That None of the Brick
Samples
Constitute Subject Merchandise
VI. Summary
VII. Recommendation
[FR Doc. 2023-09428 Filed 5-3-23; 8:45 am]
BILLING CODE 3510-DS-P
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