Notice2023-22126
Certain Magnesia Carbon Bricks From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2021-2022
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
October 5, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) continues to determine that the 38 companies subject to this administrative review of the antidumping duty order on certain magnesia carbon bricks from the People's Republic of China (China) are part of the China-wide entity because they did not demonstrate eligibility for separate rates. The period of review (POR) is September 1, 2021, through August 31, 2022.
Full Text
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<title>Federal Register, Volume 88 Issue 192 (Thursday, October 5, 2023)</title>
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[Federal Register Volume 88, Number 192 (Thursday, October 5, 2023)]
[Notices]
[Page 69122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22126]
[[Page 69122]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-954]
Certain Magnesia Carbon Bricks From the People's Republic of
China: Final Results of Antidumping Duty Administrative Review; 2021-
2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) continues to
determine that the 38 companies subject to this administrative review
of the antidumping duty order on certain magnesia carbon bricks from
the People's Republic of China (China) are part of the China-wide
entity because they did not demonstrate eligibility for separate rates.
The period of review (POR) is September 1, 2021, through August 31,
2022.
DATES: Applicable October 5, 2023.
FOR FURTHER INFORMATION CONTACT: Nathan James, 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) 482-5305.
SUPPLEMENTARY INFORMATION:
Background
On May 31, 2023, Commerce published the preliminary results of this
administrative review.\1\ We invited parties to comment on the
Preliminary Results. No parties submitted comments. Accordingly, the
final results remain unchanged from the Preliminary Results and no
decision memorandum accompanies this Federal Register notice. Commerce
conducted this administrative review in accordance with section 751(a)
of the Tariff Act of 1930, as amended (the Act).
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\1\ See Certain Magnesia Carbon Bricks from the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review; 2021-2022, 88 FR 34825 (May 31, 2023)
(Preliminary Results).
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Scope of the Order <SUP>2</SUP>
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\2\ See Certain Magnesia Carbon Bricks from Mexico and the
People's Republic of China: Antidumping Duty Orders, 75 FR 57257
(September 20, 2010) (Order).
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The scope of the Order covers magnesia carbon bricks from China.
For a complete description of the scope of the Order, see the
Preliminary Results.
Final Results of Administrative Review
We received no comments on, and made no changes to, the Preliminary
Results. We continue to find that the 38 companies subject to this
review did not file either a no-shipment certification, a separate rate
application, or a separate rate certification. Thus, Commerce continues
to determine that these companies have not demonstrated their
eligibility for separate rate status. In this administrative review, no
party requested a review of the China-wide entity, and Commerce did not
self-initiate a review of the China-wide entity. Because no review of
the China-wide entity is being conducted, the China-wide entity rate is
not subject to change as a result of this review. The rate previously
established for the China-wide entity is 236.00 percent.\3\
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\3\ Id.
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Assessment Rates
Commerce will determine, and U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties on all appropriate entries
covered by this review in accordance with section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b). For the 38 companies subject to this review,
we will instruct CBP to apply the China-wide rate of 236.00 percent to
all entries of subject merchandise during the POR. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date of this
notice, as provided by section 751(a)(2)(C) of the Act: (1) for
previously investigated or reviewed Chinese and non-Chinese exporters
that received a separate rate in a prior segment of this proceeding,
and which were not assigned the China-wide rate in this review, the
cash deposit rate will continue to be the existing exporter-specific
rate published for the most recently completed segment of this
proceeding; (2) for all Chinese exporters of subject merchandise that
have not been found to be entitled to a separate rate, the cash deposit
rate will be the China-wide rate of 236.00 percent; and (3) for all
non-Chinese exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the Chinese exporter that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 terms of an APO is a violation subject
to sanction.
Notification to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act, and 19 CFR 351.213(h)
and 351.221(b)(5).
Dated: September 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-22126 Filed 10-4-23; 8:45 am]
BILLING CODE 3510-DS-P
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