Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 10473-10475 [2014-04122]
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Federal Register / Vol. 79, No. 37 / Tuesday, February 25, 2014 / Notices
2. Remarks by Assistant Secretary for
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Dated: February 19, 2014.
Yvette Springer,
Committee Liaison Officer.
[FR Doc. 2014–04005 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–JT–P
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2012–2013
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is conducting an
administrative review of the
antidumping duty order on pure
magnesium from the People’s Republic
of China (‘‘PRC’’). The period of review
(‘‘POR’’) is May 1, 2012, through April
30, 2013. This review covers one PRC
company, Tianjin Magnesium
International, Co., Ltd. (‘‘TMI’’) and
Tianjin Magnesium Metal Co., Ltd.
(‘‘TMM’’) (collectively ‘‘TMI/TMM’’).1
The Department preliminarily finds that
TMI/TMM did not have reviewable
entries during the POR. We invite
interested parties to comment on these
preliminary results.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Laurel LaCivita or Brendan Quinn, AD/
CVD Operations, Office III, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington DC 20230;
telephone: (202) 482–4243 or (202) 482–
5848, respectively.
AGENCY:
Scope of the Order
Merchandise covered by the order is
pure magnesium regardless of
chemistry, form or size, unless expressly
excluded from the scope of the order.
Pure magnesium is a metal or alloy
containing by weight primarily the
element magnesium and produced by
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
1 The Department initiated the instant review on
both TMM and TMI. See Initiation of Antidumping
and Countervailing Duty Administrative Reviews
and Request for Revocation in Part, 78 FR 38924
(June 28, 2013) (‘‘Initiation Notice’’). In the interim,
for the prior 2011–2012 review of the order, the
Department determined TMM and TMI to be
collapsed and treated as a single entity for purposes
of the proceeding. See Pure Magnesium From the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 94 (January 2, 2014) and accompanying
Issues and Decision Memorandum at Comment 5.
As this collapsing determination remains
unchallenged in this review, the instant preliminary
results of this review cover the single TMM/TMI
entity.
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10473
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium);
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off–specification pure’’ magnesium).
‘‘Off–specification pure’’ magnesium
is pure primary magnesium containing
magnesium scrap, secondary
magnesium, oxidized magnesium or
impurities (whether or not intentionally
added) that cause the primary
magnesium content to fall below 99.8%
by weight. It generally does not contain,
individually or in combination, 1.5% or
more, by weight, of the following
alloying elements: aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
Excluded from the scope of the order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the order are currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings 8104.11.00, 8104.19.00,
8104.20.00, 8104.30.00, 8104.90.00,
3824.90.11, 3824.90.19 and 9817.00.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope is dispositive.
Background
On May 1, 2013, the Department
published a notice of opportunity to
request an administrative review of the
antidumping duty order on pure
magnesium from the PRC for the period
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May 1, 2012 through April 30, 2013.2
On May 31, 2013, 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 and TMM.3 On June 28,
2013, 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.4 On August 26
and August 27, 2013, TMM and TMI
separately submitted letters to the
Department certifying that they did not
export pure magnesium for
consumption in the United States
during the POR.5
On January 6, 2014, 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.6 This
information indicates that there were no
entries of subject merchandise during
the POR that had been exported by TMI
or TMM. In addition, on January, 8,
2014, we notified CBP that we were in
receipt of a no-shipment certification
from TMI and TMM and requested CBP
to report any contrary information
within 10 days.7 CBP did not report any
contrary information.
As explained in the memorandum
from the Assistant Secretary for
Enforcement and Compliance, the
Department has exercised its discretion
to toll deadlines for the duration of the
closure of the Federal Government from
October 1, through October 16, 2013.8
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 78 FR 25420,
25424 (May 1, 2013).
3 See letter from U.S. Magnesium, ‘‘Pure
Magnesium from the People’s Republic of China:
Request for Administrative Review,’’ dated May 31,
2013.
4 See Initiation Notice.
5 See letter from TMM, ‘‘Pure Magnesium from
the People’s Republic of China; A–570–832;
Certification of No Sales by Tianjin Magnesium
Metal, Co., Ltd.,’’ dated August 26, 2013, at 1; see
also letter from TMI, ‘‘Pure Magnesium from the
People’s Republic of China; A–570–832;
Certification of No Sales by Tianjin Magnesium
International, Co., Ltd.,’’ dated August 27, 2013,
at 1.
6 See Memorandum to the File, ‘‘2012–2013
Administrative Review of Pure Magnesium from the
People’s Republic of China: U.S. Customs and
Border Protection Data,’’ dated January 6, 2014
(‘‘CBP Query’’).
7 See Customs Message #4008304, ‘‘No Shipments
Inquiry,’’ dated January 8, 2014.
8 See Memorandum to the File, ‘‘Pure Magnesium
From the People’s Republic of China: Tolling of
Deadlines for Shutdown of the Federal
Government,’’ dated December 29, 2013.
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Thus, all deadlines in this segment of
the proceeding have been extended by
16 days. The revised deadline for the
preliminary results of review is
Tuesday, February 18, 2014.9
Preliminary Determination of No
Shipments
As noted in the ‘‘Background’’ section
above, TMI and TMM each submitted
timely-filed certifications 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 or TMM’s claim of no shipments.10
The Department received no comments
from interested parties concerning the
results of the CBP query.
Based on TMI and TMM’s
certification and our analysis of CBP
information, we preliminarily determine
that the single TMI/TMM entity did not
have any reviewable entries during the
POR. In addition, the Department finds
that consistent with its recently
announced refinement to its assessment
practice in non-market economy
(‘‘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/TMM
and to issue appropriate instructions to
CBP based on the final results of the
review.11
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)
and (d)(2).
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing or to participate if one is
9 See id. Because Monday, February 17, 2014, is
a federal holiday, the deadline extended deadline
becomes Tuesday, February 18, 2014, consistent
with 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).
10 See CBP Query.
11 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section, below.
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requested, must submit a written
request to the Assistant Secretary for
Enforcement and Compliance, U.S.
Department of Commerce, filed
electronically using Enforcement and
Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (‘‘IA
ACCESS’’). IA ACCESS is available to
registered users at https://
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.12 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.
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.13
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/
TMM, which claimed no shipments, the
12 See
19 CFR 351.310(c).
a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
13 For
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cash deposit rate will remain unchanged
from the rate assigned to TMI/TMM in
the most recently completed review of
the company; (2) for previously
investigated or reviewed PRC and nonPRC 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 nonPRC exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
country tubular goods (OCTG) from the
People’s Republic of China (PRC). The
period of review (POR) is January 1,
2012, through December 31, 2012. We
preliminarily determine that Wuxi
Seamless Oil Pipe Co., Ltd. (Wuxi) and
Jiangsu Chengde Steel Tube Share Co.,
Ltd. (Jiangsu Chengde) received
countervailable subsidies during the
POR. We invite interested parties to
comment on these preliminary results.
DATES: Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Christopher Siepmann, Joseph Shuler,
or Sergio Balbontin, AD/CVD
Operations, Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–7958, (202) 482–
1293, (202) 482–6478, respectively.
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 off
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.
Scope of the Order
The scope of the order consists of
OCTG.1 The merchandise subject to the
order is currently classified in the
Harmonized Tariff Schedule of the
United States (HTSUS) under item
numbers: 7304.29.10.10, 7304.29.10.20,
7304.29.10.30, 7304.29.10.40,
7304.29.10.50, 7304.29.10.60,
7304.29.10.80, 7304.29.20.10,
7304.29.20.20, 7304.29.20.30,
7304.29.20.40, 7304.29.20.50,
7304.29.20.60, 7304.29.20.80,
7304.29.31.10, 7304.29.31.20,
7304.29.31.30, 7304.29.31.40,
7304.29.31.50, 7304.29.31.60,
7304.29.31.80, 7304.29.41.10,
7304.29.41.20, 7304.29.41.30,
7304.29.41.40, 7304.29.41.50,
7304.29.41.60, 7304.29.41.80,
7304.29.50.15, 7304.29.50.30,
7304.29.50.45, 7304.29.50.60,
7304.29.50.75, 7304.29.61.15,
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–04122 Filed 2–24–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–570–944]
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Certain Oil Country Tubular Goods
From the People’s Republic of China:
Partial Rescission and Preliminary
Results of Countervailing Duty
Administrative Review; 2012
Enforcement and Compliance,
formerly Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
countervailing duty order on certain oil
AGENCY:
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1 On 02/07/2014, the Department issued a final
scope determination that seamless unfinished
OCTG that are produced in the PRC and further
processed into certain grades of finished OCTG by
particular finishing processes (indicated below) are
within the scopes of the antidumping and
countervailing duty orders on OCTG from the PRC,
regardless of the country in which the further
processing occurs. Because the imported finished
products do not undergo any significant physical
and chemical changes from, and are of the same
class or kind of merchandise as seamless unfinished
OCTG produced in the PRC, the Department found
these products to be within the scope of the order.
Specifically, the Department found seamless
unfinished OCTG manufactured in the PRC and
finished in countries other than the United States
and the PRC (i.e., third countries) are within the
scope of the order where (a) the finishing consists
of heat treatment by quenching and tempering,
upsetting and threading (with integral joint), or
threading and coupling; and (b) the products are
made to the following specifications and grades:
API specification 5CT, grades P–110, T–95 and Q–
125.
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7304.29.61.30, 7304.29.61.45,
7304.29.61.60, 7304.29.61.75,
7305.20.20.00, 7305.20.40.00,
7305.20.60.00, 7305.20.80.00,
7306.29.10.30, 7306.29.10.90,
7306.29.20.00, 7306.29.31.00,
7306.29.41.00, 7306.29.60.10,
7306.29.60.50, 7306.29.81.10, and
7306.29.81.50.
The OCTG coupling stock covered by
the order may also enter under the
following HTSUS item numbers:
7304.39.00.24, 7304.39.00.28,
7304.39.00.32, 7304.39.00.36,
7304.39.00.40, 7304.39.00.44,
7304.39.00.48, 7304.39.00.52,
7304.39.00.56, 7304.39.00.62,
7304.39.00.68, 7304.39.00.72,
7304.39.00.76, 7304.39.00.80,
7304.59.60.00,, 7304.59.80.15,
7304.59.80.20, 7304.59.80.25,
7304.59.80.30, 7304.59.80.35,
7304.59.80.40, 7304.59.80.45,
7304.59.80.50, 7304.59.80.55,
7304.59.80.60, 7304.59.80.65,
7304.59.80.70, and 7304.59.80.80.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the written description,
available in Certain Oil Country Tubular
Goods From the People’s Republic of
China: Amended Final Affirmative
Countervailing Duty Determination and
Countervailing Duty Order, 75 FR 3203
(January 20, 2010), remains dispositive.
A full description of the scope of the
order is contained in the memorandum
from Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations to Paul
Piquado, Assistant Secretary for
Enforcement and Compliance,
‘‘Decision Memorandum for Preliminary
Results of Countervailing Duty
Administrative Review: Certain Oil
Country Tubular Goods from the
People’s Republic of China,’’ dated
concurrently with this notice
(Preliminary Decision Memorandum),
which is hereby adopted by this notice.
The Preliminary Decision
Memorandum is a public document and
is on file electronically via Enforcement
and Compliance’s Antidumping and
Countervailing Duty Centralized
Electronic Service System (IA ACCESS).
IA ACCESS is available to registered
users at https://iaaccess.trade.gov and in
the Central Records Unit, room 7046 of
the main Department of Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
on the internet at https://www.trade.gov/
enforcement/. The signed Preliminary
Decision Memorandum and the
electronic versions of the Preliminary
Decision Memorandum are identical in
content.
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]]>Agencies
[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10473-10475]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04122]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on pure magnesium
from the People's Republic of China (``PRC''). The period of review
(``POR'') is May 1, 2012, through April 30, 2013. This review covers
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'')
and Tianjin Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'').\1\ The Department preliminarily finds that TMI/TMM did not have
reviewable entries during the POR. We invite interested parties to
comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The Department initiated the instant review on both TMM and
TMI. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews and Request for Revocation in Part, 78 FR
38924 (June 28, 2013) (``Initiation Notice''). In the interim, for
the prior 2011-2012 review of the order, the Department determined
TMM and TMI to be collapsed and treated as a single entity for
purposes of the proceeding. See Pure Magnesium From the People's
Republic of China: Final Results of Antidumping Duty Administrative
Review; 2011-2012, 79 FR 94 (January 2, 2014) and accompanying
Issues and Decision Memorandum at Comment 5. As this collapsing
determination remains unchallenged in this review, the instant
preliminary results of this review cover the single TMM/TMI entity.
---------------------------------------------------------------------------
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Brendan Quinn, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-4243
or (202) 482-5848, respectively.
Scope of the Order
Merchandise covered by the order is pure magnesium regardless of
chemistry, form or size, unless expressly excluded from the scope of
the order. Pure magnesium is a metal or alloy containing by weight
primarily the element magnesium and produced by decomposing raw
materials into magnesium metal. Pure primary magnesium is used
primarily as a chemical in the aluminum alloying, desulfurization, and
chemical reduction industries. In addition, pure magnesium is used as
an input in producing magnesium alloy. Pure magnesium encompasses
products (including, but not limited to, butt ends, stubs, crowns and
crystals) with the following primary magnesium contents:
(1) Products that contain at least 99.95% primary magnesium, by
weight (generally referred to as ``ultra pure'' magnesium);
(2) Products that contain less than 99.95% but not less than 99.8%
primary magnesium, by weight (generally referred to as ``pure''
magnesium); and
(3) Products that contain 50% or greater, but less than 99.8%
primary magnesium, by weight, and that do not conform to ASTM
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
``Off-specification pure'' magnesium is pure primary magnesium
containing magnesium scrap, secondary magnesium, oxidized magnesium or
impurities (whether or not intentionally added) that cause the primary
magnesium content to fall below 99.8% by weight. It generally does not
contain, individually or in combination, 1.5% or more, by weight, of
the following alloying elements: aluminum, manganese, zinc, silicon,
thorium, zirconium and rare earths.
Excluded from the scope of the order are alloy primary magnesium
(that meets specifications for alloy magnesium), primary magnesium
anodes, granular primary magnesium (including turnings, chips and
powder) having a maximum physical dimension (i.e., length or diameter)
of one inch or less, secondary magnesium (which has pure primary
magnesium content of less than 50% by weight), and remelted magnesium
whose pure primary magnesium content is less than 50% by weight.
Pure magnesium products covered by the order are currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00,
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope is dispositive.
Background
On May 1, 2013, the Department published a notice of opportunity to
request an administrative review of the antidumping duty order on pure
magnesium from the PRC for the period
[[Page 10474]]
May 1, 2012 through April 30, 2013.\2\ On May 31, 2013, 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 and TMM.\3\ On June
28, 2013, 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.\4\ On August 26 and August 27, 2013, TMM and TMI separately
submitted letters to the Department certifying that they did not export
pure magnesium for consumption in the United States during the POR.\5\
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\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 25420, 25424 (May 1, 2013).
\3\ See letter from U.S. Magnesium, ``Pure Magnesium from the
People's Republic of China: Request for Administrative Review,''
dated May 31, 2013.
\4\ See Initiation Notice.
\5\ See letter from TMM, ``Pure Magnesium from the People's
Republic of China; A-570-832; Certification of No Sales by Tianjin
Magnesium Metal, Co., Ltd.,'' dated August 26, 2013, at 1; see also
letter from TMI, ``Pure Magnesium from the People's Republic of
China; A-570-832; Certification of No Sales by Tianjin Magnesium
International, Co., Ltd.,'' dated August 27, 2013, at 1.
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On January 6, 2014, 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.\6\ This information indicates
that there were no entries of subject merchandise during the POR that
had been exported by TMI or TMM. In addition, on January, 8, 2014, we
notified CBP that we were in receipt of a no-shipment certification
from TMI and TMM and requested CBP to report any contrary information
within 10 days.\7\ CBP did not report any contrary information.
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\6\ See Memorandum to the File, ``2012-2013 Administrative
Review of Pure Magnesium from the People's Republic of China: U.S.
Customs and Border Protection Data,'' dated January 6, 2014 (``CBP
Query'').
\7\ See Customs Message 4008304, ``No Shipments
Inquiry,'' dated January 8, 2014.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\8\ Thus, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the preliminary results of review is
Tuesday, February 18, 2014.\9\
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\8\ See Memorandum to the File, ``Pure Magnesium From the
People's Republic of China: Tolling of Deadlines for Shutdown of the
Federal Government,'' dated December 29, 2013.
\9\ See id. Because Monday, February 17, 2014, is a federal
holiday, the deadline extended deadline becomes Tuesday, February
18, 2014, consistent with 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).
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Preliminary Determination of No Shipments
As noted in the ``Background'' section above, TMI and TMM each
submitted timely-filed certifications 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 or
TMM's claim of no shipments.\10\ The Department received no comments
from interested parties concerning the results of the CBP query.
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\10\ See CBP Query.
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Based on TMI and TMM's certification and our analysis of CBP
information, we preliminarily determine that the single TMI/TMM entity
did not have any reviewable entries during the POR. In addition, the
Department finds that consistent with its recently announced refinement
to its assessment practice in non-market economy (``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/TMM and to issue
appropriate instructions to CBP based on the final results of the
review.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section, below.
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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) and (d)(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 Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at https://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.\12\ 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.
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\12\ See 19 CFR 351.310(c).
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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.\13\
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\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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/TMM, which
claimed no shipments, the
[[Page 10475]]
cash deposit rate will remain unchanged from the rate assigned to TMI/
TMM 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 off 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: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04122 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P
