Affirmative preliminary covered merchandise determination - antidumping/countervailing duty orders on certain magnesia carbon bricks from the People's Republic of China (A-570-954, C-570-955)

1. On 02/17/2023, Commerce issued a preliminary covered merchandise determination that certain refractory bricks having less than five percent alumina, based on x-ray diffraction testing performed by U.S. Customs and Border Protection (CBP), are covered by the scope of the antidumping/countervailing duty orders on certain magnesia carbon bricks from the People's Republic of China (A-570-954, C-570-955). See 88 FR 10292. 2. Specifically, Commerce preliminarily determined that certain refractory bricks having less than five percent alumina, based on x-ray diffraction testing performed by CBP, do not reflect the chemical composition of out-of-scope magnesia alumina carbon bricks; instead, such bricks are covered by the antidumping/countervailing duty orders on certain magnesia carbon bricks from the People's Republic of China. Additionally, Commerce preliminarily found that it was unable to determine whether certain other samples tested by CBP have the chemical composition of merchandise subject to the antidumping/countervailing duty orders on certain magnesia carbon bricks from the People's Republic of China. 3. This preliminary covered merchandise determination is applicable on a country-wide basis, regardless of foreign producer, exporter, or importer. 4. Continue to suspend liquidation of entries of certain refractory bricks having less than five percent alumina and otherwise meeting the specifications of the scope of the orders, that are already subject to the suspension of liquidation in accordance with message 2210401, dated 07/29/2022. 5. For all entries of certain refractory bricks having less than five percent alumina and otherwise meeting the specifications of the scope of the orders not already subject to the suspension of liquidation, CBP should suspend liquidation of: (i) shipments entered, or withdrawn from warehouse, for consumption on or after 07/20/2022, and (ii) shipments entered, or withdrawn from warehouse, for consumption prior to the date of initiation of the covered merchandise inquiry but no earlier than 11/04/2021. CBP shall require, for such entries, a cash deposit at the applicable rate(s) in effect on the date of entry. 6. Entries of products covered by paragraphs 4 and 5 should not be liquidated until specific liquidation instructions are issued. Any such entries that are set for liquidation must be unset immediately. 7. In accordance with 19 CFR 351.227(l)(5), this instruction does not affect or otherwise limit CBP's independent authority to take any additional action with respect to the suspension of liquidation or related measures. 8. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OV:RG.) 9. There are no restrictions on the release of this information. Alexander Amdur