China Magnesia Carbon Bricks: Final Affirmative CV Determination
The International Trade Administration has made a final affirmative countervailing duty determination that countervailable subsidies are being provided to producers and exporters of magnesia carbon bricks from China.
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ITA Made Preliminary Negative CV Determination, Final is Now Affirmative
The ITA previously made a negative preliminary CV duty determination, as it preliminarily found the CV duty rates for all companies in the investigation to be de minimis. Therefore, the ITA did not instruct U.S. Customs and Border Protection to collect CV duty cash deposits or bonds on imports of certain magnesia carbon bricks from China, nor to suspend liquidation of entries of subject merchandise from China.
As a result of its analysis of the programs covered by this investigation and the methodologies used to calculate the subsidy rates, the ITA has now found final CV duty rates which are above de minimis, including the application of apply adverse facts available to Mayteron. Therefore, the ITA’s final CV duty determination is now affirmative.
CV Suspension of Liquidation
The ITA is directing U.S. Customs and Border Protection to suspend liquidation of all imports of the subject merchandise from China with a time of entry on or after August 2, 2010.
CV Cash Deposits to be Collected If CV Order Issued
If the International Trade Commission issues a final affirmative injury determination, the ITA will issue a CV duty order and instruct CBP to continue the suspension of liquidation of entries of subject merchandise and to require a cash deposit on all such entries equal to the revised CV duty rates listed below.
| Exporter/Manufacturer | Final CV Rate (Not in Effect) |
| RHI Refractories Liaoning Co., Ltd.; RHI Refractories (Dalian) Co., Ltd.; and Liaoning RHI Jinding Magnesia Co., Ltd. (collectively, RHI) | 24.24% (from 0.07%) |
| Liaoning Mayerton Refractories and Dalian Mayerton Refractories Co. Ltd. (collectively, Mayerton) | 253.87% (from 0.88%) |
| All Others | 24.24% (from 0.07%) |
(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 as a result of the suspension of liquidation will be refunded or canceled.)
(See ITA notice for additional information, including the scope of the order, scope comments, etc.
See today’s ITT, 10080217 and 10080221, for BP summaries of the ITA’s final antidumping duty determinations for subject merchandise from China and 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 12/23/09 news, 09122340, for BP summary of the preliminary negative CV duty determination.)
Contact -- Summer Avery (202) 482-4052
(FR Pub 08/02/10, ITA Case No. C-570-955)