Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) is conducting an administrative review of the countervailing duty order on certain magnesia carbon bricks (MCBs) from the People's Republic of China (PRC), covering the period of review (POR) January 1, 2012, through December 31, 2012. We preliminarily determine that the application of adverse facts available (AFA) to the sole mandatory respondent, Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and Fengchi Refractories Co., of Haicheng City (collectively, Fengchi), and the Government of the PRC (GOC), is necessary because they failed to cooperate to the best of their ability in this proceeding. The Department also preliminarily finds that certain companies made no shipments of subject merchandise to the United States during the POR. Interested parties are invited to comment on these preliminary results.
Effective Date: June 9, 2014.
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FOR FURTHER INFORMATION CONTACT:
Brandon Steele, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4956.
Scope of the Order
The merchandise subject to the order includes certain MCBs. Certain MCBs that are the subject of this order are currently classifiable under the following subheadings of the Harmonized Tariff Schedule of the United States (HTSUS): 6902.10.1000, 6902.10.5000, 66815.91.0000, 6815.99.2000, and 6815.99.4000. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. A full description of the scope of the order is contained in the memorandum to Paul Piquado, Assistant Secretary for Enforcement and Compliance from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, “Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Certain Magnesia Carbon Bricks from the People's Republic of China,” dated concurrently with and hereby adopted by this notice (Preliminary Decision Memorandum).
The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (IA ACCESS). IA ACCESS is available to registered users at https://iaaccess.trade.gov, and is available to all parties in the Department's Central Records Unit, located in Room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.
Preliminary Determination of No Shipments
On December 13, 2013, the Department received timely no shipment certifications from RHI AG and its affiliates: Liaoning RHI Jinding Magnesia Co.; RHI Refractories (Dalian) Co. Ltd.; RHI Refractories Liaoning Co., Ltd.; RHI Trading Shanghai Branch; and RHI Trading (Dalian) Co., Ltd. (collectively, the RHI Companies).
Because there is no evidence on the record to indicate that these companies had sales of subject merchandise during the POR, we preliminarily determine that the RHI Companies had no shipments during the POR. As a result, pursuant to 19 CFR 351.213(d)(3), the Department intends to rescind the review with respect to the RHI Companies. However, the Department finds that it is not appropriate to rescind the review with respect to the RHI Companies at this time; instead, consistent with our practice, the Department will complete the review with respect to the RHI Companies and issue appropriate instructions to U.S. Customs and Border Protection (CBP) based on the final results of the review.
Information on the record shows that Fengchi did have sales of subject merchandise during the POR.
The Department conducted this review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each subsidy program under review, we preliminarily determine there are countervailable subsidies, i.e., that there is a government-provided financial contribution that gives rise to a benefit to the recipient, and that the subsidy is specific.
In making these findings, we relied on AFA for Fengchi, because it did not act to the best of its ability to respond to our request for information; as such, we drew an adverse inference in selecting among the facts available.
With respect to the remaining companies for which we initiated reviews and that did not file no-shipment certifications, we will assign to entries made by these companies the all-others rate from the investigation. Accordingly, and consistent with section 705(c)(5)(A)(ii) of the Act, we relied upon the all others rate from the investigation because the rate calculated for the sole mandatory respondent in these preliminary results of review is based entirely upon facts available. We consider the use of the all others rate from the investigation, which was based upon a calculated rate for one of the mandatory respondents in the investigation, to be a “reasonable method” for calculating the all others rate because it represents the only rate in the history of the countervailing duty order on MCBs from the PRC that is not zero, de minimis, or based entirely upon facts available.
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Preliminary Results of Review
We preliminarily determine the following margins exist for the POR:
|Company||Ad valorem net subsidy rate (percent)|
|Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and Fengchi Refractories Co., of Haicheng City (collectively, Fengchi)||66.27|
|Rate Applicable to the Remaining Companies Under Review 7||24.24|
Disclosure and Public Comment
We will disclose the calculations to parties in this proceeding within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Interested parties may submit written comments (case briefs) for this administrative review no later than 30 days from the date of publication of this Federal Register notice, and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.
Rebuttal briefs must be limited to issues raised in the case briefs.
Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.
Interested parties who wish to request a hearing, or to participate in a hearing if one is requested, must file electronically a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the publication of this notice in the Federal Register.
Requests should contain the party's name, address, and telephone number, the number of participants, and a list of the issues to be discussed. If a request for a hearing is made, we intend to hold it at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, 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.
Parties are reminded that briefs and hearing requests are to be filed electronically using IA ACCESS, and that electronically filed documents must be received successfully in their entirety by 5 p.m. Eastern Time on the due date.
Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, we will issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results.
Assessment Rates and Cash Deposit Requirements
In accordance with 19 CFR 351.221(b)(4)(i), we assigned a subsidy rate for each producer/exporter subject to this administrative review. Upon issuance of the final results, the Department shall determine, and CBP shall assess, countervailing duties on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review.
Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated countervailing duties, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.
These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).
Dated: June 2, 2014.
Assistant Secretary for Enforcement and Compliance.
List of Topics Discussed in the Preliminary Decision Memorandum
III. Scope of the Order
IV. Discussion of the Methodology
List of Remaining Companies Under Review
ANH (Xinyi) Refractories Co. Ltd
Anyang Rongzhu Silicon Industry Co., Ltd
Bayuquan Refractories Co., Ltd
Beijing Tianxing Ceramic Fiber Composite Materials Corp
Changxing Magnesium Furnace Charge Co., Ltd
Changxing Wangfa Architectural & Metallurgical Materials Co., Ltd
Changzing Zhicheng Refractory Material Factory
China Metallurgical Raw Material Beijing Company
China Quantai Metallurgical (Beijing) Engineering & Science Co., Ltd
Cimm Group of China
CNBM International Corporation
Dalian Dalmond Trading Co., Ltd
Dalian F.T.Z. Huaxin International
Dalian F.T.Z. Maylong Resources Co., Ltd
Dalian Huayu Refractories International Co., Ltd
Dalian LST Metallurgy Co., Ltd
Dalian Masoo International Trading
Dalian Mayerton Refractories Ltd
Dalian Morgan Refractories Ltd
Dashiqiao Bozhong Mineral Products Co., Ltd
Dashiqiao City Guangcheng Refractory Co., Ltd
Dashiqiao Jia Sheng Mining Co., Ltd
Dashiqiao RongXing Refractory Material Co., Ltd
Dashiqiao Sanqiang Refractory Material Co., Ltd
Dashiqiao Yutong Packing Factory
Dengfeng Desheng Refractory Co., Ltd
DFL Minmet Refractories Corp
Duferco BarInvest SA Beijing Office
Duferco Ironet Shanghai Representative Office
Eastern Industries & Trading Co., Ltd
Fengchi Mining Co., Ltd of Haicheng City
Fengchi Refractories Corp
Haicheng City Qunli Mining Co., Ltd
Haicheng City Xiyang Import & Export Corporation
Haicheng Donghe Taidi Refractory Co., Ltd
Haicheng Ruitong Mining Co., Ltd
Haiyuan Talc Powder Manufacture Factory
Henan Boma Co. Ltd
Henan Kingway Chemicals Co., Ltd
Henan Tagore Refractories Co., Ltd
Henan Xinmi Changzxing Refractories, Co., Ltd
Hebei Qinghe Refractory Group Co. Ltd
Huailin Refractories (Dashiqiao) Pte. Ltd
Hualude Hardware Products Co. Ltd
Jiangsu Sujia Group New Materials Co., Ltd
Jiangsu Sujia Joint-Stock Co., Ltd
Jinan Forever Imp. & Exp. Trading Co., Ltd
Jinan Linquan Imp. & Exp. Co. Ltd
Jinan Ludong Refractory Co., Ltd
Kosmokraft Refractory Limited
Kuehne & Nagel Ltd. Dalian Branch Office
Lechang City Guangdong Province SongXin Refractories Co., Ltd
Liaoning Fucheng Refractories Group Co., Ltd
Liaoning Fucheng Special Refractory Co., Ltd
Liaoning Jiayi Metals & Minerals Ltd
Liaoning Jinding Magnesite Group
Liaoning Mayerton Refractories Co., Ltd
Liaoning Mineral & Metallurgy Group Co., Ltd
Liaoning Qunyi Group Refractories Co., Ltd
Liaoning Qunyi Trade Co., Ltd
Liaoning RHI Jinding Magnesis Co., LtdStart Printed Page 32917
LiShuang Refractory Industrial Co., Ltd
Lithomelt Co., Ltd
Luheng Refractory Co., Ltd
Luoyang Refractory Group Co., Ltd
Minsource International Ltd
Minteq International Inc
National Minerals Co., Ltd
North Refractories Co., Ltd
Orestar Metals & Minerals Co., Ltd
Oreworld Trade (Tangshan) Co., Ltd
Puyang Refractories Co., Ltd
Qingdao Almatis Co., Ltd. (HQ)
Qingdao Almatis Co., Ltd. (Manufacturing)
Qingdao Almatis Trading Co., Ltd. (Sales Office)
Qingdao Blueshell Import & Export Corp
Qingdao Fujing Group Co., Ltd
Qingdao Huierde International Trade Co., Ltd
RHI Refractories (Dalian) Co., Ltd
RHI Refractories Liaoning Co., Ltd
RHI Trading Shanghai Branch
RHI Trading (Dalian) Co., Ltd
Rongyuan Magnesite Co., Ltd. of Dashiqiao City
Shandong Cambridge International Trade Inc
Shandong Lunai Kiln Refractories Co., Ltd
Shandong Refractories Corp
Shanxi Dajin International (Group) Co., Ltd
Shanxi Xinrong International Trade Co. Ltd
Shenyang Yi Xin Sheng Lai Refractory Materials Co., Ltd
Shinagawa Rongyuan Refractories Co., Ltd
SMMC Group Co., Ltd
Tangshan Success Import & Export Trading Co., Ltd
Tianjin New Century Refractories, Ltd
Tianjin New World Import & Export Trading Co., Ltd
Tianjin Weiyuan Refractory Co., Ltd
Vesuvius Advanced Ceramics (Suzhou) Co. Ltd
Wonjin Refractories Co., Ltd
Xiyuan Xingquan Forsterite Co., Ltd
Yanshi City Guangming High-Tech Refractories Products Co., Ltd
YHS Minerals Co., Ltd
Yingkou Bayuquan Refractories Co., Ltd
Yingkou Dalmond Refractories Co., Ltd
Yingkou Guangyang Refractories Co., Ltd
Yingkou Guangyang Refractories Co., Ltd. (YGR)
Yingkou Heping Samwha Minerals Co., Ltd
Yingkou Jiahe Refractories Co., Ltd
Yingkou Jinlong Refractories Group
Yingkou Kyushu Refractories Co., Ltd
Yingkou New Century Refractories Ltd
Yingkou Qinghua Group Imp. & Exp. Co., Ltd
Yingkou Qinghua Refractories Co., Ltd
Yingkou Sanhua Refractory Materials Co., Ltd
Yingkou Tianrun Refractory Co., Ltd
Yingkou Wonjin Refractory Material Co., Ltd
Yingkou Yongji Mag Refractory, Ltd
Yixing Runlong Trade Co., Ltd
Yixing Xinwei Leeshing Refractory Materials Co., Ltd
Yixing Zhenqiu Charging Ltd
Zhejiang Changxing Guangming Special Refractory Material Foundry, Co., Ltd
Zhejiang Deqing Jinlei Refractory Co., Ltd
Zhejiang Huzhou Fuzilin Refractory Metals Group Co., Ltd
Zhengzhou Annec Industrial Co., Ltd
Zhengzhou Huachen Refractory Co., Ltd
Zhengzhou Huawei Refractories Co., Ltd
Zibo Lianzhu Refractory Materials Co., Ltd
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[FR Doc. 2014-13259 Filed 6-6-14; 8:45 am]
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