Pure Magnesium in Granular Form From the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2010-2011, 71578-71579 [2012-29040]
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71578
Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices
results of this review is now December
2, 2012.3
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–864]
Pure Magnesium in Granular Form
From the People’s Republic of China;
Final Results of Antidumping Duty
Administrative Review; 2010–2011
Import Administration,
International Trade Administration,
Commerce.
SUMMARY: On August 2, 2012, the
Department of Commerce
(‘‘Department’’) published the
preliminary results of the administrative
review of the antidumping duty order
on pure magnesium in granular form
from the People’s Republic of China.
The period of review (‘‘POR’’) is
November 1, 2010, through October 31,
2011. We gave interested parties an
opportunity to comment on the
preliminary results, but none were
received. The final dumping margin
applicable to China Minmetals NonFerrous Metals Co., Ltd. (‘‘CMN’’) is
listed below in the ‘‘Final Results of the
Review’’ section of this notice.
DATES: Effective December 3, 2012.
FOR FURTHER INFORMATION CONTACT: Eve
Wang, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue NW., Washington,
DC 20230; telephone: (202) 482–6231.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
Background
On August 2, 2012, the Department
published the preliminary results of the
administrative review of the
antidumping duty order on pure
magnesium in granular form.1
We invited interested parties to
comment on the Preliminary Results,
but none were received.
The Department has conducted this
administrative review in accordance
with section 751(a) of the Tariff Act of
1930, as amended (‘‘the Act’’). As
explained in the memorandum from the
Assistant Secretary for Import
Administration, the Department has
exercised its discretion to toll deadlines
for the duration of the closure of the
Federal Government from October 29,
through October 30, 2012. Thus, all
deadlines in this segment of the
proceeding have been extended by two
days.2 The revised deadline for the final
1 See Pure Magnesium in Granular Form From the
People’s Republic of China: Preliminary Results of
Antidumping Duty Administrative Review, 77 FR
46030 (August 2, 2012) (‘‘Preliminary Results’’).
2 See Memorandum to the Record from Paul
Piquado, AS for Import Administration, regarding
VerDate Mar<15>2010
14:30 Nov 30, 2012
Jkt 229001
Scope of the Order
The merchandise covered by the order
includes imports of pure magnesium
products, subject to certain exemptions.
The merchandise is currently
classifiable under item 8104.30.00 of the
Harmonized Tariff Schedule of the
United State (‘‘HTSUS’’). Although the
HTSUS subheading is provided for
convenience and customs purposes, our
written description of the scope of the
order is dispositive.4
Final Results of the Review
We have made no changes to our
findings announced in the Preliminary
Results. As a result of our review, we
determine that CMN has not
demonstrated entitlement to a separate
rate and so it remains part of the
People’s Republic of China (PRC)-wide
entity. A dumping margin of 305.56
percent exists for the PRC-wide entity
(which includes CMN) for the period
November 1, 2010, through October 31,
2011.
The weighted-average dumping
margins for the POR are as follows:
Exporter
Weightedaverage
margin
(percent)
PRC-wide Entity ...................
305.56
Assessment Rates
Consistent with these final results,
and pursuant to section 751(a)(2)(B) of
the Act, and 19 CFR 351.212(b)(1), the
Department will direct U.S. Customs
and Border Protection (‘‘CBP’’) to assess
antidumping duties on all appropriate
entries covered by this review. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
The Department recently announced a
refinement to its assessment practice in
NME cases. Pursuant to this refinement
in practice, for entries that were not
reported in the U.S. sales databases
submitted by companies individually
‘‘Tolling of Administrative Deadlines As a Result of
the Government Closure During the Recent
Hurricane,’’ dated October 31, 2012, and placed on
the record of this review on November 6, 2012.
3 As December 2, 2012, is a Sunday, the signature
day will be the next business day, December 3,
2012, in accordance with our practice. See Notice
of Clarification: Application of ‘‘Next Business
Day’’’ Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of 1930, As
Amended, 70 FR 24533 (May 10, 2005).
4 See Antidumping Duty Order: Pure Magnesium
in Granular Form from the People’s Republic of
China, 66 FR 57936 (November 19, 2001).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
examined during this review, the
Department will instruct CBP to
liquidate such entries at the NME-wide
rate. In addition, if the Department
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the NME-wide rate.5
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice for all shipments of the
subject merchandise entered, or
withdrawn from warehouse, for
consumption, as provided for by section
751(a)(2)(C) of the Act: (1) For
previously investigated or reviewed PRC
and non-PRC exporters that have
separate rates, the cash deposit rate will
continue to be the exporter-specific rate
published for the most recent period; (2)
for all PRC exporters of subject
merchandise, including CMN, which
have not been found to be entitled to a
separate rate, the cash deposit rate will
be the PRC-wide entity rate of 305.56
percent; and (3) for all non-PRC
exporters of subject merchandise which
have not received their own rate, the
cash deposit rate will be the rate
applicable to the PRC exporter that
supplied that non-PRC exporter. These
requirements, when imposed, shall
remain in effect until further notice.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
Secretary’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
5 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (Oct. 24, 2011).
E:\FR\FM\03DEN1.SGM
03DEN1
71579
Federal Register / Vol. 77, No. 232 / Monday, December 3, 2012 / Notices
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
notice in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: November 21, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–29040 Filed 11–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–583–833]
Polyester Staple Fiber From Taiwan:
Notice of Court Decision Not in
Harmony With Final Results of
Administrative Review and Amended
Final Results of Antidumping Duty
Order Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 14, 2012,1 the
United States Court of International
Trade (‘‘CIT’’) sustained the Department
of Commerce’s (‘‘the Department’’)
results of redetermination 2 pursuant to
the CIT’s FENC Remand Order.3
Consistent with the decision of the
United States Court of Appeals for the
Federal Circuit (CAFC) in Timken,4 as
clarified by Diamond Sawblades,5 the
Department is notifying the public that
the final judgment in this case is not in
harmony with the Department’s Final
Results 6 and is amending the final
results of the administrative review of
the antidumping duty order on
polyester staple fiber from Taiwan
covering the period of review (‘‘POR’’)
May 1, 2009, through April 30, 2010,
with respect to the margin assigned to
Far Eastern New Century Corporation
(‘‘FENC’’).
emcdonald on DSK67QTVN1PROD with NOTICES
AGENCY:
1 See Far Eastern New Century Corporation v.
United States, Slip-Op. 12–136 (CIT 2012).
2 See Results of Redetermination Pursuant to
Remand Order, CIT Court No. 11–00415, Slip Op.
12–110 (August 29, 2012) (Remand Results).
3 See Far Eastern New Century Corporation v.
United States, Slip-Op. 12–110 (CIT 2012) (FENC
Remand Order).
4 See Timken Co. v. United States, 893 F.2d 337
(Fed. Cir. 1990) (Timken).
5 See Diamond Sawblades Mfrs. Coalition v.
United States, 626 F.3d 1374 (Fed. Cir. 2010)
(Diamond Sawblades).
6 See Certain Polyester Staple Fiber From Taiwan:
Final Results of Antidumping Duty Administrative
Review, 76 FR 57955 (September 19, 2011).
VerDate Mar<15>2010
14:30 Nov 30, 2012
Jkt 229001
DATES:
Effective Date: November 26,
2012.7
FOR FURTHER INFORMATION CONTACT:
Michael A. Romani or Minoo Hatten,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–0198 or (202) 482–
1690.
SUPPLEMENTARY INFORMATION:
Background
Subsequent to completion of its
administrative review under the
antidumping duty order on polyester
staple fiber from Taiwan, FENC
challenged certain aspects of the
Department’s Final Results at the CIT.
On August 29, 2012, the CIT remanded
to the Department its calculation of
FENC’s dumping margin to correct
certain ministerial errors.8 The
Department filed its Remand Results on
October 15, 2012. On November 14,
2012, the CIT upheld the Department’s
Remand Results wherein we
recalculated FENC’s dumping margin
employing the results of the Final
Results’ comparison market calculations
rather than those calculated for the
Preliminary Results.9
Timken Notice
In its decision in Timken, as clarified
by Diamond Sawblades, the CAFC has
held that, pursuant to section 516(e) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), the Department must publish a
notice of a court decision that is not ‘‘in
harmony’’ with a Department
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision.10 The
CIT’s November 14, 2012, judgment
sustaining the Remand Results
constitutes a final decision of that court
that is not in harmony with the Final
Results. This notice is published in
fulfillment of the publication
requirements of Timken. Accordingly,
the Department will continue the
suspension of liquidation of the subject
merchandise pending the expiration of
the period of appeal or, if appealed,
pending a final and conclusive court
7 Because the deadline, November 24, 2012, falls
on a Saturday, the deadline is postponed until the
next business day. See Notice of Clarification:
Application of ‘‘Next Business Day’’ Rule for
Administrative Determination Deadlines Pursuant
to the Tariff Act of 1930, as Amended, 70 FR 24533
(May 10, 2005).
8 See FENC Remand Order.
9 See Certain Polyester Staple Fiber From Taiwan:
Preliminary Results of Antidumping Duty
Administrative Review, 76 FR 22366 (April 21,
2011).
10 See Timken, 893 F.2d at 341.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
decision. The cash deposit rate will
remain the company-specific rate
established for the subsequent and most
recent period during which the
respondent was reviewed.
Amended Final Results
Because there is now a final court
decision with respect to FENC, we are
amending the Final Results with respect
to the margin for FENC. The revised
dumping margin is as follows:
Producer and exporter
Weightedaverage
margin
(percent)
Far Eastern New Century
Corporation .......................
0.75
If the CIT’s ruling is not appealed or,
if appealed, upheld by the CAFC, the
Department will instruct U.S. Customs
and Border Protection to assess
antidumping duties on entries of the
subject merchandise produced and
exported by FENC during the POR at
0.75 percent.
This notice is issued and published in
accordance with sections 516A(e)(1),
751(a)(1), and 777(i)(1) of the Act.
Dated: November 23, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 2012–29041 Filed 11–30–12; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Antidumping or Countervailing Duty
Order, Finding, or Suspended
Investigation; Opportunity To Request
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
FOR FURTHER INFORMATION CONTACT:
Brenda E. Waters, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230,
telephone: (202) 482–4735.
AGENCY:
Background
Each year during the anniversary
month of the publication of an
antidumping or countervailing duty
order, finding, or suspended
investigation, an interested party, as
defined in section 771(9) of the Tariff
Act of 1930, as amended (‘‘the Act’’),
may request, in accordance with 19 CFR
E:\FR\FM\03DEN1.SGM
03DEN1
]]>Agencies
[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Notices]
[Pages 71578-71579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29040]
[[Page 71578]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-864]
Pure Magnesium in Granular Form From the People's Republic of
China; Final Results of Antidumping Duty Administrative Review; 2010-
2011
AGENCY: Import Administration, International Trade Administration,
Commerce.
SUMMARY: On August 2, 2012, the Department of Commerce (``Department'')
published the preliminary results of the administrative review of the
antidumping duty order on pure magnesium in granular form from the
People's Republic of China. The period of review (``POR'') is November
1, 2010, through October 31, 2011. We gave interested parties an
opportunity to comment on the preliminary results, but none were
received. The final dumping margin applicable to China Minmetals Non-
Ferrous Metals Co., Ltd. (``CMN'') is listed below in the ``Final
Results of the Review'' section of this notice.
DATES: Effective December 3, 2012.
FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202) 482-6231.
SUPPLEMENTARY INFORMATION:
Background
On August 2, 2012, the Department published the preliminary results
of the administrative review of the antidumping duty order on pure
magnesium in granular form.\1\
---------------------------------------------------------------------------
\1\ See Pure Magnesium in Granular Form From the People's
Republic of China: Preliminary Results of Antidumping Duty
Administrative Review, 77 FR 46030 (August 2, 2012) (``Preliminary
Results'').
---------------------------------------------------------------------------
We invited interested parties to comment on the Preliminary
Results, but none were received.
The Department has conducted this administrative review in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(``the Act''). As explained in the memorandum from the Assistant
Secretary for Import Administration, the Department has exercised its
discretion to toll deadlines for the duration of the closure of the
Federal Government from October 29, through October 30, 2012. Thus, all
deadlines in this segment of the proceeding have been extended by two
days.\2\ The revised deadline for the final results of this review is
now December 2, 2012.\3\
---------------------------------------------------------------------------
\2\ See Memorandum to the Record from Paul Piquado, AS for
Import Administration, regarding ``Tolling of Administrative
Deadlines As a Result of the Government Closure During the Recent
Hurricane,'' dated October 31, 2012, and placed on the record of
this review on November 6, 2012.
\3\ As December 2, 2012, is a Sunday, the signature day will be
the next business day, December 3, 2012, in accordance with our
practice. See Notice of Clarification: Application of ``Next
Business Day''' Rule for Administrative Determination Deadlines
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10,
2005).
---------------------------------------------------------------------------
Scope of the Order
The merchandise covered by the order includes imports of pure
magnesium products, subject to certain exemptions. The merchandise is
currently classifiable under item 8104.30.00 of the Harmonized Tariff
Schedule of the United State (``HTSUS''). Although the HTSUS subheading
is provided for convenience and customs purposes, our written
description of the scope of the order is dispositive.\4\
---------------------------------------------------------------------------
\4\ See Antidumping Duty Order: Pure Magnesium in Granular Form
from the People's Republic of China, 66 FR 57936 (November 19,
2001).
---------------------------------------------------------------------------
Final Results of the Review
We have made no changes to our findings announced in the
Preliminary Results. As a result of our review, we determine that CMN
has not demonstrated entitlement to a separate rate and so it remains
part of the People's Republic of China (PRC)-wide entity. A dumping
margin of 305.56 percent exists for the PRC-wide entity (which includes
CMN) for the period November 1, 2010, through October 31, 2011.
The weighted-average dumping margins for the POR are as follows:
------------------------------------------------------------------------
Weighted-
Exporter average margin
(percent)
------------------------------------------------------------------------
PRC-wide Entity........................................ 305.56
------------------------------------------------------------------------
Assessment Rates
Consistent with these final results, and pursuant to section
751(a)(2)(B) of the Act, and 19 CFR 351.212(b)(1), the Department will
direct U.S. Customs and Border Protection (``CBP'') to assess
antidumping duties on all appropriate entries covered by this review.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department recently announced a refinement to its assessment
practice in NME cases. Pursuant to this refinement in practice, for
entries that were not reported in the U.S. sales databases submitted by
companies individually examined during this review, the Department will
instruct CBP to liquidate such entries at the NME-wide rate. In
addition, if the Department determines that an exporter under review
had no shipments of the subject merchandise, any suspended entries that
entered under that exporter's case number (i.e., at that exporter's
rate) will be liquidated at the NME-wide rate.\5\
---------------------------------------------------------------------------
\5\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (Oct. 24, 2011).
---------------------------------------------------------------------------
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice for all shipments of the subject merchandise
entered, or withdrawn from warehouse, for consumption, as provided for
by section 751(a)(2)(C) of the Act: (1) For previously investigated or
reviewed PRC and non-PRC exporters that have separate rates, the cash
deposit rate will continue to be the exporter-specific rate published
for the most recent period; (2) for all PRC exporters of subject
merchandise, including CMN, which have not been found to be entitled to
a separate rate, the cash deposit rate will be the PRC-wide entity rate
of 305.56 percent; and (3) for all non-PRC exporters of subject
merchandise which have not received their own rate, the cash deposit
rate will be the rate applicable to the PRC exporter that supplied that
non-PRC exporter. These requirements, when imposed, shall remain in
effect until further notice.
Notification to Importers
This notice serves as a reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial
[[Page 71579]]
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: November 21, 2012.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. 2012-29040 Filed 11-30-12; 8:45 am]
BILLING CODE 3510-DS-P
