AD/CV: China, Mexico Certain Magnesia Carbon Bricks

The ITA has also initiated a countervailing duty investigation to determine whether producers/exporters of magnesia carbon bricks in China receive countervailable subsidies.

China AD Duty Q&V Questionnaires Due by September 10th

In the China AD duty investigation, the ITA will request quantity and value information from all known exporters and producers identified with complete contact information in the AD petition. The Q&V data received will be used as the basis to select the mandatory respondents. The Q&V questionnaire in the AD duty investigation is due by September 10, 2009, and is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-mcb/prc-mcb-qvq-082109.pdf.

China AD Separate Rate Applications Due by October 26th

The ITA also requires exporters and producers seeking separate rate status in the China AD duty investigation to submit a separate rate application no later than October 26, 2009. The separate rate application is available at http://ia.ita.doc.gov/download/nme-sep-rates/prc-mcb/prc-mcb-sra-082109.pdf.

The ITA requires that the respondents in the China AD duty investigation submit a response to both the Q&V questionnaire and the separate rate application by the respective deadlines in order to receive consideration for separate rate status.

The ITA will also calculate combination rates for certain respondents that are eligible for a separate rate in the China AD duty investigation.

Comments on China CV/Mexico AD Respondent Selection Due by Sept. 1st/4th

For the China CV and Mexico AD investigations, the ITA intends to select respondents based on U.S. Customs and Border Protection data for U.S. imports during the period of investigation.

For the Mexico AD duty investigation, the ITA specifically intends to select respondents based on CBP data for U.S. imports under the Harmonized Tariff Schedule numbers 6902.1010.00 and 6902.1050.00.

The ITA requests comments regarding the CBP data and respondent selection in the China CV duty investigation by September 1, 2009, and in the Mexico AD duty investigation by September 4, 2009.

Comments on Targeted Dumping Due November 21st

Any interested party that wishes to make a targeted dumping allegation in the AD investigations may submit allegations by November 21, 2009 (i.e., no later than 45 days before the scheduled date of the ITA's preliminary determinations).

(Note that in December 2008, the ITA issued an interim final rule for the purposes of withdrawing the regulations governing targeted dumping analysis in AD duty investigations. See ITT's Online Archives or 12/15/08 and 01/15/09 news, 08121525 and 09011535, for BP summaries of the interim final rule and extension of the comment period.)

Comments on Product Characteristics for AD Questionnaires Due by Sept. 8th

The ITA is also requesting comments from interested parties regarding the appropriate physical characteristics of magnesia carbon bricks to be reported in response to the AD questionnaires.

This information will be used to identify the key physical characteristics of the subject merchandise in order to more accurately report the relevant factors and costs of production, as well as to develop appropriate product comparison criteria.

Comments on product characteristics to be reported in response to the AD questionnaire must be submitted by September 8, 2009. (Rebuttal comments are due by September 15, 2009.)

Comments on Scope of AD/CV Investigations Due by September 8th

Comments on the scope of the AD and CV duty investigations are due by September 8, 2009.

Scope of the AD/CV Investigations

Imports covered by this these investigations consist of 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).

HTS classification. Certain magnesia carbon bricks that are the subject of these investigations are currently classifiable under HTS subheadings 6902.1010.00, 6902.10.50.00, 6815.91.00.00, and 6815.99.

The ITA notes that while HTS subheadings are provided for convenience and customs purposes, the written description is dispositive.

- ITA's preliminary AD duty determinations due by 01/05/10

-ITA's preliminary CV duty determination due by 10/22/09

-International Trade Commission's prelim AD/CV injury determinations due 09/14/09

ITA AD notice (FR Pub 08/25/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-20494.pdf

ITA CV notice (FR Pub 08/25/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-20493.pdf

ITA fact sheet available at http://ia.ita.doc.gov/download/factsheets/factsheet-mexico-prc-mcb-init-081909.pdf