China Magnesia Carbon Bricks: Final Affirmative AD Determination
The International Trade Administration has made a final affirmative antidumping duty determination that magnesia carbon bricks from China are being, or are likely to be, sold in the U.S. at less than fair value.
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Combination Rates
The ITA has calculated combination rates for respondents that are eligible for a separate rate in this AD investigation. (See ITT's Online Archives or 04/11/05 news, 05041110, for BP summary of 2005 policy bulletin outlining this change in practice with regard to AD combination rates for non-market economies (NMEs).)
AD Suspension of Liquidation Continues
The ITA continues to find that critical circumstances exist with respect to mandatory respondent RHI, the separate rate respondents, and the China-wide entity (which now includes mandatory respondent Mayerton).
Therefore, it is directing U.S. Customs and Border Protection to continue the AD suspension of liquidation for all entries of subject merchandise from China with a time of entry on or after December 14, 2009 (90 days prior to the publication date of the preliminary determination).
AD Cash Deposit Requirements (to be Adjusted for Export Subsidies)
The ITA will also instruct CBP to collect AD duty cash deposits or bonds on all entries of subject merchandise with a time of entry on or after August 2, 2010 at the revised AD duty rates below, which will be adjusted for export subsidies1:
| Exporter | Final AD Rate |
| RHI Refractories Liaoning Co., Ltd. | 128.10% (from 129.17%) |
| Dashiqiao City Guancheng Refractor Co., Ltd. | 128.10% (from 130.96%) |
| Fengchi Imp. and Exp. Co., Ltd. of Haicheng City | 128.10% (from 130.96%) |
| Jiangsu Sujia Group New Materials Co. Ltd. | 128.10% (from 130.96%) |
| Liaoning Fucheng Refractories Group Co., Ltd. | 128.10% (from 130.96%) |
| Liaoning Fucheng Special Refractory Co., Ltd. | 128.10% (from 130.96%) |
| Liaoning Jiayi Metals & Minerals Co., Ltd. | 128.10% (from 130.96%) |
| Yingkou Bayuquan Refractories Co., Ltd. | 128.10% (from 130.96%) |
| Yingkou Dalmond Refractories Co., Ltd. | 128.10% (from 130.96%) |
| Yingkou Guangyang Co., Ltd. | 128.10% (from 130.96%) |
| Yingkou Jiahe Refractories Co., Ltd. | 128.10% (from 130.96%) |
| Yingkou Kyushu Refractories Co, Ltd. | 128.10% (from 130.96%) |
| Yingkou New Century Refractories Ltd. | 128.10% (from 130.96%) |
| Yingkou Wonjin Refractory Material Co., Ltd. | 128.10% (from 130.96%) |
| China-wide entity (now including Mayerton)2 | 236.00% (from 231.40%) |
1Because the ITA has determined that subject merchandise exported by mandatory respondent RHI benefitted from export subsidies, its AD duty rate, as well as the rate for the separate rate respondents, will be adjusted for the export subsidy rates determined in the final countervailing duty determination. (See future issue of ITT for the adjusted rates pursuant to the ITA’s CBP instructions.)
2The China-wide entity now includes Liaoning Mayerton Refractories Co., Ltd. and Dalian Mayerton Refractories Co., Ltd. (collectively, Mayerton).
(If the International Trade Commission issues a final affirmative injury determination, the ITA will issue an AD duty order. If the ITC determines that material injury or threat of material injury does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted will be refunded or canceled.)
(See ITA notice for additional information, including the scope of the order, scope comments, etc.
See today’s ITT, 10080218 and 10080221, for BP summaries of the ITA’s final countervailing duty determination for subject merchandise from China, and the final AD duty determination for subject merchandise from Mexico.
See ITT’s Online Archives or 07/28/10 news, 10072834, for BP summary of the fact sheet announcing this final determination.
See ITT’s Online Archives or 04/21/10 and 05/20/10 news, 10042135 and 10052056, for BP summaries of the amended preliminary AD duty determination and preliminary determination of AD critical circumstances.)
Contact -- Paul Walker (202) 482-0413
(FR Pub 08/02/10, ITA Case No. A-570-954)