[Federal Register Volume 86, Number 158 (Thursday, August 19, 2021)]
[Notices]
[Pages 46676-46677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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