Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2011-2012, 1834-1835 [2013-00270]
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1834
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–896]
Magnesium Metal From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2011–2012
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting the
administrative review of the
antidumping duty order on magnesium
metal from the People’s Republic of
China (‘‘PRC’’). The period of review
(‘‘POR’’) is April 1, 2011, through March
31, 2012. This review covers one PRC
company, Tianjin Magnesium
International, Co., Ltd. (‘‘TMI’’). The
Department preliminarily finds that TMI
did not have reviewable transactions
during the POR.
DATES: Effective Date: January 9, 2013.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Eugene Degnan, 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) 482–4243 or (202) 482–
0414, respectively.
AGENCY:
Scope of the Order
The product covered by this
antidumping duty order is magnesium
metal from the PRC, which includes
primary and secondary alloy
magnesium metal, regardless of
chemistry, raw material source, form,
shape, or size. The merchandise subject
to this order is classifiable under items
8104.19.00, and 8104.30.00 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’). Although the
HTSUS number is provided for
convenience and customs purposes, the
written product description, available in
Notice of Antidumping Duty Order:
Magnesium Metal From the People’s
Republic of China, 70 FR 19928 (April
15, 2005), remains dispositive.
srobinson on DSK4SPTVN1PROD with
Background
On April 2, 2012, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on magnesium
metal from the PRC for the period April
1, 2011 through March 31, 2012.1 On
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 77 FR 19621
(April 2, 2012).
VerDate Mar<15>2010
16:39 Jan 08, 2013
Jkt 229001
April 30, 2012, U.S. Magnesium LLC
(‘‘U.S. Magnesium’’), a domestic
producer and Petitioner in the
underlying investigation of this case,
made a timely request that the
Department conduct an administrative
review of TMI.2 On May 29, 2012, in
accordance with section 751(a) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), the Department published in the
Federal Register a notice of initiation of
this antidumping duty administrative
review.3 On June 1, 2012, TMI
submitted a letter to the Department
certifying that it did not export
magnesium metal for consumption in
the United States during the POR.4
On July 17, 2012, the Department
placed on the record information
obtained in response to the
Department’s query to U.S. Customs and
Border Protection (‘‘CBP’’) concerning
imports into the United States of subject
merchandise during the POR.5 This
information indicates that there were no
entries of subject merchandise during
the POR that had been exported by TMI.
In addition, on July 20, 2012, we
notified CBP that we were in receipt of
a no-shipment certification from TMI
and requested CBP to report any
contrary information within 10 days.6
CBP did not report any contrary
information.
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. The revised deadline for the
preliminary results of review is
Wednesday, January 2, 2013, and the
revised deadline for the final results of
review is Thursday, May 2, 2013.7
2 See letter from U.S. Magnesium, ‘‘Magnesium
Metal from the People’s Republic of China: Request
for Administrative Review,’’ dated April 30, 2012.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Review, 77 FR
31568 (May 29, 2012).
4 See letter from TMI, ‘‘Magnesium Metal from
the People’s Republic of China; A–570–896;
Certification of No Sales by Tianjin Magnesium
International, Co., Ltd.,’’ dated June 1, 2012, at 1.
5 See Memorandum to the File, ‘‘Magnesium
Metal from the People’s Republic of China:
Transmittal of U.S. Customs and Border Protection
Information to the File,’’ dated July 17, 2012 (‘‘CBP
Query’’).
6 See Customs Message # 2202305, ‘‘No
Shipments Inquiry,’’ dated July 20, 2012.
7 See Memorandum to the File, ‘‘Magnesium
Metal From the People’s Republic of China: Tolling
of Deadlines,’’ dated November 1, 2012.
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Preliminary Determination of No
Shipments
As noted in the ‘‘Background’’ section
above, TMI submitted a timely-filed
certification indicating that it had no
shipments of subject merchandise to the
United States during the POR. In
addition, CBP did not provide any
evidence that contradicts TMI’s claim of
no shipments.8 Further, on July 17,
2012, the Department released to
interested parties the results of a CBP
query that it intended to use for
corroboration of TMI’s no shipment
claims. The Department received no
comments from interested parties
concerning the results of the CBP query.
Based on TMI’s certification and our
analysis of CBP information, we
preliminarily determine that TMI did
not have any reviewable transactions
during the POR. In addition, the
Department finds that consistent with
its recently announced refinement to its
assessment practice in NME cases, it is
appropriate not to rescind the review in
part in this circumstance but, rather, to
complete the review with respect to TMI
and issue appropriate instructions to
CBP based on the final results of the
review. See Non-Market Economy
Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694
(October 24, 2011) and the ‘‘Assessment
Rates’’ section, below.
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs and/or written
comments within 30 days of the date of
publication of this notice, pursuant to
19 CFR 351.309(c)(1)(ii). Rebuttal briefs,
limited to issues raised in the case
briefs, will be due five days after the
due date for case briefs, pursuant to 19
CFR 351.309(d). Parties who submit
case or rebuttal briefs in this proceeding
are requested to submit with each
argument a statement of the issue, a
summary of the argument not to exceed
five pages, and a table of statutes,
regulations, and cases cited, in
accordance with 19 CFR 351.309(c)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing or to participate if one is
requested, must submit a written
request to the Assistant Secretary for
Import Administration, U.S. Department
of Commerce, filed electronically using
Import Administration’s Antidumping
and Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
8 See
E:\FR\FM\09JAN1.SGM
CBP Query.
09JAN1
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices
iaaccess.trade.gov and in the Central
Records Unit, room 7046 of the main
Department of Commerce building. An
electronically filed document must be
received successfully in its entirety by
the Department’s electronic records
system, IA ACCESS, by 5:00 p.m.
Eastern Standard Time, within 30 days
after the date of publication of this
notice.9 Requests should contain: (1)
The party’s name, address and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. Issues raised in the hearing
will be limited to those raised in the
respective case briefs. The Department
intends to issue the final results of this
administrative review, including the
results of its analysis of the issues raised
in any written briefs, not later than 120
days after the date of publication of this
notice, pursuant to section 751(a)(3)(A)
of the Act.
srobinson on DSK4SPTVN1PROD with
Assessment Rates
Upon issuance of the final results, the
Department will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review. The Department intends to issue
assessment instructions to CBP 15 days
after the publication date of the final
results of this review. Additionally,
pursuant to a recently announced
refinement to its assessment practice in
NME cases, if the Department continues
to determine 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 PRC-wide rate. For
a full discussion of this practice, see
Non-Market Economy Antidumping
Proceedings: Assessment of
Antidumping Duties, 76 FR 65694
(October 24, 2011).
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For TMI,
which claimed no shipments, the cash
deposit rate will remain unchanged
from the rate assigned to TMI in the
most recently completed review of the
company; (2) for previously investigated
or reviewed PRC and non-PRC exporters
who are not under review in this
segment of the proceeding but who have
separate rates, the cash deposit rate will
9 See
19 CFR 351.310(c).
VerDate Mar<15>2010
16:39 Jan 08, 2013
Jkt 229001
continue to be the exporter-specific rate
published for the most recent period; (3)
for all PRC exporters of subject
merchandise that have not been found
to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate
of 141.49 percent; and (4) for all nonPRC exporters of subject merchandise
which have not received their own rate,
the cash deposit rate will be the rate
applicable to the PRC exporter(s) that
supplied that non-PRC exporter. These
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice also serves as a
preliminary 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
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.
This administrative review and notice
are in accordance with sections
751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: December 14, 2012.
Paul Piquado,
Assistant Secretary for Import
Administration.
[FR Doc. 2013–00270 Filed 1–8–13; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–891]
Hand Trucks and Certain Parts Thereof
From the People’s Republic of China:
Preliminary Results of the 2010–2011
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: January 9, 2013.
SUMMARY: The Department of Commerce
(the Department) is currently
conducting an administrative review of
the antidumping duty order on hand
trucks and certain parts thereof (hand
trucks) from the People’s Republic of
China (PRC) covering the period of
review (POR) of December 1, 2010,
through November 30, 2011. We
preliminarily determine that sales made
by New-Tec Integration (Xiamen) Co.,
AGENCY:
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
1835
Ltd. (New-Tec) were below normal
value (NV). In addition, we are not
rescinding this review with respect to
WelCom Products, Inc. (WelCom),
Yangjiang Shunhe Industrial Co., Ltd.
and Yangjiang Shunhe Industrial &
Trade Co., Ltd. (collectively, Shunhe),
and Yuhuan Tongsheng Industry
Company (Tongsheng) at this time (see
‘‘Intent Not to Rescind in Part,’’ infra).
We invite interested parties to comment
on these preliminary results.
FOR FURTHER INFORMATION CONTACT:
Scott Hoefke, or Robert James, AD/CVD
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–4947 or (202) 482–
0649, respectively.
SUPPLEMENTARY INFORMATION:
Scope of the Order
The merchandise subject to the order
consists of hand trucks manufactured
from any material, whether assembled
or unassembled, complete or
incomplete, suitable for any use, and
certain parts thereof, namely the vertical
frame, the handling area and the
projecting edges or toe plate, and any
combination thereof. They are typically
imported under heading 8716.80.50.10
of the Harmonized Tariff Schedule of
the United States (HTSUS), although
they may also be imported under
heading 8716.80.50.90. and
8716.90.50.60. Although the HTSUS
subheadings are provided for
convenience and customs purposes
only, the written product description,
available in Notice of Antidumping Duty
Order: Hand Trucks and Certain Parts
Thereof From the People’s Republic of
China, 69 FR 70122 (December 2, 2004),
remains dispositive.
Intent Not To Rescind Review in Part
For those companies named in the
Initiation Notice 1 for which all review
requests have been withdrawn, but
which have not previously received
separate rate status, the Department’s
practice is to refrain from rescinding the
review with respect to these companies
at this time. Both Tongsheng and
WelCom timely withdrew their requests
for review. While the requests for
review were timely withdrawn, the
companies remain part of the PRC-wide
entity. Additionally, we preliminarily
find that Shunhe has no reviewable
entries at this time. Although the PRC1 See Initiation of Antidumping Duty and
Countervailing Duty Administrative Reviews and
Requests for Revocation in Part, 77 FR 4759
(January 24, 2012) (Initiation Notice).
E:\FR\FM\09JAN1.SGM
09JAN1
]]>Agencies
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1834-1835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00270]
[[Page 1834]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting the
administrative review of the antidumping duty order on magnesium metal
from the People's Republic of China (``PRC''). The period of review
(``POR'') is April 1, 2011, through March 31, 2012. This review covers
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'').
The Department preliminarily finds that TMI did not have reviewable
transactions during the POR.
DATES: Effective Date: January 9, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Eugene Degnan, 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-
4243 or (202) 482-0414, respectively.
Scope of the Order
The product covered by this antidumping duty order is magnesium
metal from the PRC, which includes primary and secondary alloy
magnesium metal, regardless of chemistry, raw material source, form,
shape, or size. The merchandise subject to this order is classifiable
under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff
Schedule of the United States (``HTSUS''). Although the HTSUS number is
provided for convenience and customs purposes, the written product
description, available in Notice of Antidumping Duty Order: Magnesium
Metal From the People's Republic of China, 70 FR 19928 (April 15,
2005), remains dispositive.
Background
On April 2, 2012, the Department published a notice of opportunity
to request an administrative review of the antidumping duty order on
magnesium metal from the PRC for the period April 1, 2011 through March
31, 2012.\1\ On April 30, 2012, U.S. Magnesium LLC (``U.S.
Magnesium''), a domestic producer and Petitioner in the underlying
investigation of this case, made a timely request that the Department
conduct an administrative review of TMI.\2\ On May 29, 2012, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(``the Act''), the Department published in the Federal Register a
notice of initiation of this antidumping duty administrative review.\3\
On June 1, 2012, TMI submitted a letter to the Department certifying
that it did not export magnesium metal for consumption in the United
States during the POR.\4\
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 77 FR 19621 (April 2, 2012).
\2\ See letter from U.S. Magnesium, ``Magnesium Metal from the
People's Republic of China: Request for Administrative Review,''
dated April 30, 2012.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Review, 77 FR 31568 (May 29, 2012).
\4\ See letter from TMI, ``Magnesium Metal from the People's
Republic of China; A-570-896; Certification of No Sales by Tianjin
Magnesium International, Co., Ltd.,'' dated June 1, 2012, at 1.
---------------------------------------------------------------------------
On July 17, 2012, the Department placed on the record information
obtained in response to the Department's query to U.S. Customs and
Border Protection (``CBP'') concerning imports into the United States
of subject merchandise during the POR.\5\ This information indicates
that there were no entries of subject merchandise during the POR that
had been exported by TMI. In addition, on July 20, 2012, we notified
CBP that we were in receipt of a no-shipment certification from TMI and
requested CBP to report any contrary information within 10 days.\6\ CBP
did not report any contrary information.
---------------------------------------------------------------------------
\5\ See Memorandum to the File, ``Magnesium Metal from the
People's Republic of China: Transmittal of U.S. Customs and Border
Protection Information to the File,'' dated July 17, 2012 (``CBP
Query'').
\6\ See Customs Message 2202305, ``No Shipments
Inquiry,'' dated July 20, 2012.
---------------------------------------------------------------------------
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. The revised deadline for the preliminary results of review is
Wednesday, January 2, 2013, and the revised deadline for the final
results of review is Thursday, May 2, 2013.\7\
---------------------------------------------------------------------------
\7\ See Memorandum to the File, ``Magnesium Metal From the
People's Republic of China: Tolling of Deadlines,'' dated November
1, 2012.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
As noted in the ``Background'' section above, TMI submitted a
timely-filed certification indicating that it had no shipments of
subject merchandise to the United States during the POR. In addition,
CBP did not provide any evidence that contradicts TMI's claim of no
shipments.\8\ Further, on July 17, 2012, the Department released to
interested parties the results of a CBP query that it intended to use
for corroboration of TMI's no shipment claims. The Department received
no comments from interested parties concerning the results of the CBP
query.
---------------------------------------------------------------------------
\8\ See CBP Query.
---------------------------------------------------------------------------
Based on TMI's certification and our analysis of CBP information,
we preliminarily determine that TMI did not have any reviewable
transactions during the POR. In addition, the Department finds that
consistent with its recently announced refinement to its assessment
practice in NME cases, it is appropriate not to rescind the review in
part in this circumstance but, rather, to complete the review with
respect to TMI and issue appropriate instructions to CBP based on the
final results of the review. See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24,
2011) and the ``Assessment Rates'' section, below.
Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments within 30
days of the date of publication of this notice, pursuant to 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days after the due date for case briefs,
pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument a
statement of the issue, a summary of the argument not to exceed five
pages, and a table of statutes, regulations, and cases cited, in
accordance with 19 CFR 351.309(c)(2).
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing or to participate if one is requested, must submit a
written request to the Assistant Secretary for Import Administration,
U.S. Department of Commerce, filed electronically using Import
Administration's Antidumping and Countervailing Duty Centralized
Electronic Service System (``IA ACCESS''). IA ACCESS is available to
registered users at https://
[[Page 1835]]
iaaccess.trade.gov and in the Central Records Unit, room 7046 of the
main Department of Commerce building. An electronically filed document
must be received successfully in its entirety by the Department's
electronic records system, IA ACCESS, by 5:00 p.m. Eastern Standard
Time, within 30 days after the date of publication of this notice.\9\
Requests should contain: (1) The party's name, address and telephone
number; (2) the number of participants; and (3) a list of issues to be
discussed. Issues raised in the hearing will be limited to those raised
in the respective case briefs. The Department intends to issue the
final results of this administrative review, including the results of
its analysis of the issues raised in any written briefs, not later than
120 days after the date of publication of this notice, pursuant to
section 751(a)(3)(A) of the Act.
---------------------------------------------------------------------------
\9\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. Additionally, pursuant to a recently announced
refinement to its assessment practice in NME cases, if the Department
continues to determine 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 PRC-wide rate. For a full discussion of this
practice, see Non-Market Economy Antidumping Proceedings: Assessment of
Antidumping Duties, 76 FR 65694 (October 24, 2011).
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For TMI, which
claimed no shipments, the cash deposit rate will remain unchanged from
the rate assigned to TMI in the most recently completed review of the
company; (2) for previously investigated or reviewed PRC and non-PRC
exporters who are not under review in this segment of the proceeding
but who have separate rates, the cash deposit rate will continue to be
the exporter-specific rate published for the most recent period; (3)
for all PRC exporters of subject merchandise that have not been found
to be entitled to a separate rate, the cash deposit rate will be the
PRC-wide rate of 141.49 percent; and (4) 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(s) that
supplied that non-PRC exporter. These deposit requirements, when
imposed, shall remain in effect until further notice.
Notification to Importers
This notice also serves as a preliminary 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 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.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: December 14, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-00270 Filed 1-8-13; 8:45 am]
BILLING CODE 3510-DS-P
