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Enforcement and Compliance, International Trade Administration, Department of Commerce.
The U.S. Department of Commerce (Commerce) is rescinding the administrative review of the antidumping duty order on certain magnesia carbon bricks (bricks) from the People's Republic of China (China) for the period of review (POR) September 1, 2022, through August 31, 2023.
Applicable June 11, 2024.
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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.
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Background
On September 20, 2010, Commerce published in the Federal Register the antidumping duty order on bricks from China.[1] On September 28, 2023, the Magnesia Carbon Bricks Fair Trade Committee (the petitioner) submitted a timely request that Commerce conduct an administrative review.[2]
On November 15, 2023, Commerce published in the Federal Register a notice of initiation of administrative review with respect to imports of bricks from China in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.221(c)(1)(i).[3] This review covers subject merchandise exported by 42 exporters.[4] On December 20, 2023, we placed on the record U.S. Customs and Border Protection (CBP) data for entries of bricks from China during the POR, showing no reviewable POR entries and invited interested parties to comment.[5] No party filed comments with respect to the CBP data.
On February 7, 2024, Commerce notified all interested parties of its intent to rescind the instant review because there were no reviewable, suspended entries of subject merchandise by any of the companies subject to this review during the POR and invited interested parties to comment.[6] Commerce did not receive any comments.
Rescission of Review
Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to rescind an administrative review of an antidumping duty order when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.[7] Normally, upon completion of an administrative review, the suspended entries are liquidated at the antidumping duty assessment rate calculated for the review period.[8] Therefore, for an administrative review to be conducted, there must be a reviewable, suspended entry that Commerce can instruct CBP to liquidate at the antidumping duty assessment rate calculated for the review period.[9] As noted above, there were no entries of subject merchandise for the companies subject to this review during the POR. Accordingly, in the absence of suspended entries of subject merchandise during the POR, we are hereby rescinding this administrative review, in its entirety, in accordance with 19 CFR 351.213(d)(3).
Assessment
Commerce will instruct CBP to assess antidumping duties on all appropriate entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or Start Printed Page 49149 withdrawal from warehouse, for consumption in the United States, in accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of this rescission notice in the Federal Register .
Administrative Protective Order
This notice serves as the only reminder to parties subject to an 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). 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 sanctionable violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
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Dated: May 29, 2024.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations.
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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) ( Order).
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2. See Petitioner's Letter, “Request for Administrative Review,” dated September 28, 2023.
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3. See Initiation of Antidumping and Countervailing Duty Administrative Reviews,88 FR 78298 (November 15, 2023).
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4. Id.
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5. See Memorandum, “Release of Customs and Border Protection Data Query,” dated December 20, 2023.
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6. See Memorandum, “Notice of Intent to Rescind Review,” dated February 7, 2024.
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7. See, e.g., Dioctyl Terephthalate from the Republic of Korea: Rescission of Antidumping Administrative Review; 2021-2022,88 FR 24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut-to-Length Plate from the Federal Republic of Germany: Recission of Antidumping Administrative Review; 2020-2021,88 FR 4154 (January 24, 2023).
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8. See19 CFR 351.212(b)(1).
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9. See19 CFR 351.213(d)(3).
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[FR Doc. 2024-12742 Filed 6-10-24; 8:45 am]
BILLING CODE 3510-DS-P
