Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2012-2013, 18277-18279 [2014-07257]

Download as PDF Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices administrative protective order (‘‘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 protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4). Dated: March 26, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–07259 Filed 3–31–14; 8:45 am] BILLING CODE 3510–DS–P 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; 2012–2013 Enforcement and Compliance, formerly 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, 2012, through March 31, 2013. This review covers one PRC company, Tianjin Magnesium International, Co., Ltd. (‘‘TMI’’). The Department preliminarily finds that TMI did not have reviewable entries during the POR. We invite interested parties to comment on these preliminary results. DATES: Effective Date: April 1, 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. mstockstill on DSK4VPTVN1PROD with NOTICES AGENCY: Scope of the Order The product covered by this antidumping duty order is magnesium VerDate Mar<15>2010 16:02 Mar 31, 2014 Jkt 232001 metal from the PRC, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 1 and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ‘‘alloy’’ magnesium). The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’ 2; (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium 1 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. 2 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 18277 aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.3 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 items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Background On April 2, 2013, 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, 2012 through March 31, 2013.4 On April 30, 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.5 On June 3, 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.6 On July 23, 2013, TMI submitted a letter to the Department certifying that it did not export magnesium metal for consumption in the United States during the POR.7 On January 6, 2014, the Department placed on the record information 3 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 49345 (September 27, 2001); Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium From the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. 4 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 78 FR 19645 (April 2, 2013). 5 See letter from U.S. Magnesium, ‘‘Magnesium Metal from the People’s Republic of China: Request for Administrative Review,’’ dated April 30, 2013. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 78 FR 33052 (June 3, 2013). 7 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 July 23, 2012 {sic}, at 1. E:\FR\FM\01APN1.SGM 01APN1 18278 Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices 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.8 This information indicates that there were no entries of subject merchandise during the POR that had been exported by TMI. In addition, on January 16, 2014, 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.9 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, 2013.10 Thus, all deadlines in this segment of the proceeding have been extended by 16 days. The revised deadline for the preliminary results of review was established as Thursday, January 16, 2014.11 On January 7, 2014, we extended the deadline for the preliminary results by 120 days.12 The preliminary results of this review are due no later than May 16, 2014.13 Preliminary Determination of No Shipments mstockstill on DSK4VPTVN1PROD with NOTICES 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. Further, on January 6, 2014, the Department released to interested parties the results of a CBP query that it intended to use for corroboration of TMI’s no shipment 8 See Memorandum to the File, ‘‘2012–2013 Administrative Review of Magnesium Metal from the People’s Republic of China: U.S. Customs and Border Protection Data,’’ dated January 6, 2014 (‘‘CBP Query’’). 9 See Memorandum to the File, ‘‘Magnesium Metal from the People’s Republic of China: 12–13 Administrative Review: Placing No-Shipment Inquiry on the Record,’’ dated January 17, 2014, at Attachment 1 Customs Message 4016312, ‘‘No Shipments Inquiry,’’ dated January 16, 2014. 10 See Memorandum to the File, ‘‘Magnesium Metal From the People’s Republic of China: Tolling of Deadlines for Shutdown of the Federal Government,’’ dated December 29, 2013. 11 Id. 12 See Memorandum to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, entitled ‘‘Magnesium Metal from the People’s Republic of China: Extension of Deadline for the Preliminary Results of Antidumping Duty Administrative Review,’’ dated January 7, 2014. 13 Id. VerDate Mar<15>2010 16:02 Mar 31, 2014 Jkt 232001 claims.14 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 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 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.15 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 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 http:// 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.16 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 14 See CBP Query. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 16 See 19 CFR 351.310(c). 15 See PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 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. 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 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. E:\FR\FM\01APN1.SGM 01APN1 18279 Federal Register / Vol. 79, No. 62 / Tuesday, April 1, 2014 / Notices 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: March 26, 2014. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2014–07257 Filed 3–31–14; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Advance Notification of Sunset Reviews Enforcement and Compliance, formerly Import Administration, International Trade Administration, Department of Commerce. AGENCY: mstockstill on DSK4VPTVN1PROD with NOTICES Background Every five years, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) and the International Trade Commission automatically initiate and conduct a review to determine whether revocation of a countervailing or antidumping duty order or termination of an investigation suspended under section 704 or 734 of the Act would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. Upcoming Sunset Reviews for May 2014 The following Sunset Review is scheduled for initiation in May 2014 and will appear in that month’s Notice of Initiation of Five-Year Sunset Review (‘‘Sunset Review’’). Antidumping Duty Proceedings Saccharin from China (A–570–878) (2nd Review). Department Contact David Goldberger (202) 482–4136 Countervailing Duty Proceedings No Sunset Review of countervailing duty orders is scheduled for initiation in May 2014. Suspended Investigations No Sunset Review of suspended investigations is scheduled for initiation in May 2014. The Department’s procedures for the conduct of Sunset Reviews are set forth in 19 CFR 351.218. The Notice of Initiation of Five-Year (‘‘Sunset’’) Reviews provides further information regarding what is required of all parties to participate in Sunset Reviews. Pursuant to 19 CFR 351.103(c), the Department will maintain and make available a service list for these proceedings. To facilitate the timely preparation of the service list(s), it is requested that those seeking recognition as interested parties to a proceeding contact the Department in writing within 10 days of the publication of the Notice of Initiation. Please note that if the Department receives a Notice of Intent to Participate from a member of the domestic industry within 15 days of the date of initiation, the review will continue. Thereafter, any interested party wishing to participate in the Sunset Review must provide substantive comments in response to the notice of initiation no later than 30 days after the date of initiation. This notice is not required by statute but is published as a service to the international trading community. Dated: March 12, 2014. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2014–07269 Filed 3–31–14; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration, Department of Commerce. SUMMARY: In accordance with section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department of Commerce (‘‘the Department’’) is automatically initiating five-year reviews (‘‘Sunset Reviews’’) of the antidumping and countervailing duty (‘‘AD/CVD’’) orders listed below. The International Trade Commission (‘‘the Commission’’) is publishing concurrently with this notice its notice of Institution of Five-Year Review which covers the same orders. DATES: Effective Date: April 1, 2014. The Department official identified in the Initiation of Review section below at AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230. For information from the Commission contact Mary Messer, Office of Investigations, U.S. International Trade Commission at (202) 205–3193. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: Background The Department’s procedures for the conduct of Sunset Reviews are set forth in its Procedures for Conducting FiveYear (‘‘Sunset’’) Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 1998) and 70 FR 62061 (October 28, 2005). Guidance on methodological or analytical issues relevant to the Department’s conduct of Sunset Reviews is set forth in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101 (February 14, 2012). Initiation of Review DEPARTMENT OF COMMERCE International Trade Administration Initiation of Five-Year (‘‘Sunset’’) Review In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty orders: Enforcement and Compliance, formerly Import Administration, AGENCY: Department contact DOC Case No. ITC Case No. Country Product A–122–853 ....... 731–TA–1151 ... Canada ............. Citric Acid and Certain Citrate Salts (1st Review) ...... VerDate Mar<15>2010 16:02 Mar 31, 2014 Jkt 232001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\01APN1.SGM 01APN1 David Goldberger (202) 482–4136.

Agencies

[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18277-18279]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07257]


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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; 2012-2013

AGENCY: Enforcement and Compliance, formerly 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, 2012, through March 31, 2013. This review covers 
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI''). 
The Department preliminarily finds that TMI did not have reviewable 
entries during the POR. We invite interested parties to comment on 
these preliminary results.

DATES: Effective Date: April 1, 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

    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. Magnesium is a metal or alloy containing by weight 
primarily the element magnesium. Primary magnesium is produced by 
decomposing raw materials into magnesium metal. Secondary magnesium is 
produced by recycling magnesium-based scrap into magnesium metal. The 
magnesium covered by this order includes blends of primary and 
secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \1\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \1\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of this order excludes: (1) All forms of pure magnesium, 
including chemical combinations of magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
than 99.8 percent, by weight, that do not conform to an ``ASTM 
Specification for Magnesium Alloy'' \2\; (2) magnesium that is in 
liquid or molten form; and (3) mixtures containing 90 percent or less 
magnesium in granular or powder form by weight and one or more of 
certain non-magnesium granular materials to make magnesium-based 
reagent mixtures, including lime, calcium metal, calcium silicon, 
calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, 
nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda 
ash, hydrocarbons, graphite, coke, silicon, rare earth metals/
mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, 
ferroalloys, dolomite lime, and colemanite.\3\
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    \2\ The material is already covered by existing antidumping 
orders. See Notice of Antidumping Duty Orders: Pure Magnesium from 
the People's Republic of China, the Russian Federation and Ukraine; 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Antidumping Duty Investigation of Pure Magnesium from the 
Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty 
Order: Pure Magnesium in Granular Form from the People's Republic of 
China, 66 FR 57936 (November 19, 2001).
    \3\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
Final Determination of Sales at Less Than Fair Value: Pure Magnesium 
in Granular Form From the People's Republic of China, 66 FR 49345 
(September 27, 2001); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
Final Determination of Sales at Not Less Than Fair Value: Pure 
Magnesium From the Russian Federation, 66 FR 49347 (September 27, 
2001). These mixtures are not magnesium alloys, because they are not 
combined in liquid form and cast into the same ingot.
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    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 items are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Background

    On April 2, 2013, 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, 2012 through March 
31, 2013.\4\ On April 30, 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.\5\ On June 3, 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.\6\ 
On July 23, 2013, TMI submitted a letter to the Department certifying 
that it did not export magnesium metal for consumption in the United 
States during the POR.\7\
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    \4\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 78 FR 19645 (April 2, 2013).
    \5\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated April 30, 2013.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
33052 (June 3, 2013).
    \7\ 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 July 23, 2012 
{sic{time} , at 1.
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    On January 6, 2014, the Department placed on the record information

[[Page 18278]]

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.\8\ This information indicates 
that there were no entries of subject merchandise during the POR that 
had been exported by TMI. In addition, on January 16, 2014, 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.\9\ CBP 
did not report any contrary information.
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    \8\ See Memorandum to the File, ``2012-2013 Administrative 
Review of Magnesium Metal from the People's Republic of China: U.S. 
Customs and Border Protection Data,'' dated January 6, 2014 (``CBP 
Query'').
    \9\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: 12-13 Administrative Review: Placing No-
Shipment Inquiry on the Record,'' dated January 17, 2014, at 
Attachment 1 Customs Message 4016312, ``No Shipments Inquiry,'' 
dated January 16, 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.\10\ Thus, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the preliminary results of review was 
established as Thursday, January 16, 2014.\11\ On January 7, 2014, we 
extended the deadline for the preliminary results by 120 days.\12\ The 
preliminary results of this review are due no later than May 16, 
2014.\13\
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    \10\ See Memorandum to the File, ``Magnesium Metal From the 
People's Republic of China: Tolling of Deadlines for Shutdown of the 
Federal Government,'' dated December 29, 2013.
    \11\ Id.
    \12\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Magnesium Metal from the People's Republic of China: 
Extension of Deadline for the Preliminary Results of Antidumping 
Duty Administrative Review,'' dated January 7, 2014.
    \13\ Id.
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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. Further, on January 6, 2014, 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.\14\ The Department 
received no comments from interested parties concerning the results of 
the CBP query.
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    \14\ See CBP Query.
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    Based on TMI's certification and our analysis of CBP information, 
we preliminarily determine that TMI 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 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.\15\
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    \15\ 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).
    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 http://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.\16\ 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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    \16\ 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. 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.

[[Page 18279]]

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: March 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07257 Filed 3-31-14; 8:45 am]
BILLING CODE 3510-DS-P