Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 69834-69835 [2014-27685]
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69834
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / 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; 2013–2014
Enforcement and Compliance,
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, 2013, through March
31, 2014. This review covers two PRC
companies, Tianjin Magnesium
International, Co., Ltd. (‘‘TMI’’) and
Tianjin Magnesium Metal, Co., Ltd.
(‘‘TMM’’). The Department
preliminarily finds that TMI and TMM
did not have reviewable entries during
the POR. We invite interested parties to
comment on these preliminary results.
DATES: Effective Date: November 24,
2014.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
James Terpstra or Erin Begnal, 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) 482–3965 or (202) 482–
1442, respectively.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
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,
VerDate Sep<11>2014
20:32 Nov 21, 2014
Jkt 235001
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
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
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).
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.
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
written description of the merchandise
is dispositive.
Background
On April 1, 2014, 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, 2013 through March 31, 2014.4 On
April 30, 2014, 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.5 On May 29,
2014, 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 June 25,
2014, TMI submitted a letter to the
Department certifying that it did not
export magnesium metal to the United
States during the POR.7 On July 21,
2014, TMM submitted a letter to the
Department certifying that it did not
export magnesium metal to the United
States during the POR.8
On August 19, 2014, we notified U.S.
Customs and Border Protection (‘‘CBP’’)
that we were in receipt of no-shipment
certifications from TMI and TMM and
requested CBP to report any contrary
information within 10 days.9 CBP did
not report any contrary information. On
August 29, 2014, the Department placed
on the record information obtained in
response to the Department’s query to
CBP concerning imports into the United
States of subject merchandise during the
POR.10 This information indicates that
there were no entries of subject
4 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 79 FR 18260
(April 1, 2014).
5 See letter from U.S. Magnesium, ‘‘Magnesium
Metal from the People’s Republic of China: Request
for Administrative Review,’’ dated April 30, 2014.
6 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 79 FR
30809 (May 29, 2014).
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 June 25, 2014, at 1.
8 See letter from TMM, ‘‘Magnesium Metal from
the People’s Republic of China; A–570–896;
Certification of No Sales by Tianjin Magnesium
Metal, Co., Ltd.,’’ dated July 21, 2014, at 1.
9 See Memorandum to the File, ‘‘Magnesium
Metal from the People’s Republic of China: 13–14
Administrative Review: U.S. Customs and Border
Protection Data,’’ dated August 29, 2014, at
Attachment 1 Customs Message 4231308, ‘‘No
Shipments Inquiry,’’ dated August 19, 2014 (‘‘No
Shipments Memo’’).
10 See No Shipments Memo.
E:\FR\FM\24NON1.SGM
24NON1
Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices
merchandise during the POR that had
been exported by TMI or TMM.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Preliminary Determination of No
Shipments
As noted in the ‘‘Background’’ section
above, TMI and TMM submitted timelyfiled certifications indicating that they
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 and TMM’s claims of no
shipments. Further, on August 29, 2014,
the Department released to interested
parties the results of a CBP query to
corroborate TMI and TMM’s no
shipment claims.11 The Department
received no comments from interested
parties concerning the results of the CBP
query.
Based on TMI’s and TMM’s
certifications and our analysis of CBP
information, we preliminarily determine
that TMI and TMM 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 TMM and issue appropriate
instructions to CBP based on the final
results of the review.12
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
11 See
Id.
Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) and the ‘‘Assessment
Rates’’ section, below.
12 See
VerDate Sep<11>2014
20:32 Nov 21, 2014
Jkt 235001
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.13 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. 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
13 See
PO 00000
19 CFR 351.310(c).
Frm 00014
Fmt 4703
Sfmt 4703
69835
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
(including TMM, which claimed no
shipments, but has not been found to be
separate from the PRC-wide entity), 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: November 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–27685 Filed 11–21–14; 8:45 am]
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DEPARTMENT OF COMMERCE
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Administration
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National Ocean and
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ACTION: Notice.
AGENCY:
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take this opportunity to comment on
SUMMARY:
E:\FR\FM\24NON1.SGM
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Agencies
[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69834-69835]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27685]
[[Page 69834]]
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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; 2013-2014
AGENCY: Enforcement and Compliance, 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, 2013, through March 31, 2014. This review covers
two PRC companies, Tianjin Magnesium International, Co., Ltd. (``TMI'')
and Tianjin Magnesium Metal, Co., Ltd. (``TMM''). The Department
preliminarily finds that TMI and TMM did not have reviewable entries
during the POR. We invite interested parties to comment on these
preliminary results.
DATES: Effective Date: November 24, 2014.
FOR FURTHER INFORMATION CONTACT: James Terpstra or Erin Begnal, 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) 482-3965
or (202) 482-1442, 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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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\ 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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
Background
On April 1, 2014, 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, 2013 through March
31, 2014.\4\ On April 30, 2014, 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.\5\ On May 29, 2014, 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 June 25, 2014, TMI submitted a letter to the Department certifying
that it did not export magnesium metal to the United States during the
POR.\7\ On July 21, 2014, TMM submitted a letter to the Department
certifying that it did not export magnesium metal to the United States
during the POR.\8\
---------------------------------------------------------------------------
\4\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 79 FR 18260 (April 1, 2014).
\5\ See letter from U.S. Magnesium, ``Magnesium Metal from the
People's Republic of China: Request for Administrative Review,''
dated April 30, 2014.
\6\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 79 FR 30809 (May 29, 2014).
\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 June 25, 2014, at 1.
\8\ See letter from TMM, ``Magnesium Metal from the People's
Republic of China; A-570-896; Certification of No Sales by Tianjin
Magnesium Metal, Co., Ltd.,'' dated July 21, 2014, at 1.
---------------------------------------------------------------------------
On August 19, 2014, we notified U.S. Customs and Border Protection
(``CBP'') that we were in receipt of no-shipment certifications from
TMI and TMM and requested CBP to report any contrary information within
10 days.\9\ CBP did not report any contrary information. On August 29,
2014, the Department placed on the record information obtained in
response to the Department's query to CBP concerning imports into the
United States of subject merchandise during the POR.\10\ This
information indicates that there were no entries of subject
[[Page 69835]]
merchandise during the POR that had been exported by TMI or TMM.
---------------------------------------------------------------------------
\9\ See Memorandum to the File, ``Magnesium Metal from the
People's Republic of China: 13-14 Administrative Review: U.S.
Customs and Border Protection Data,'' dated August 29, 2014, at
Attachment 1 Customs Message 4231308, ``No Shipments Inquiry,''
dated August 19, 2014 (``No Shipments Memo'').
\10\ See No Shipments Memo.
---------------------------------------------------------------------------
Preliminary Determination of No Shipments
As noted in the ``Background'' section above, TMI and TMM submitted
timely-filed certifications indicating that they 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 and TMM's
claims of no shipments. Further, on August 29, 2014, the Department
released to interested parties the results of a CBP query to
corroborate TMI and TMM's no shipment claims.\11\ The Department
received no comments from interested parties concerning the results of
the CBP query.
---------------------------------------------------------------------------
\11\ See Id.
---------------------------------------------------------------------------
Based on TMI's and TMM's certifications and our analysis of CBP
information, we preliminarily determine that TMI and TMM 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 TMM and issue
appropriate instructions to CBP based on the final results of the
review.\12\
---------------------------------------------------------------------------
\12\ 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 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.\13\ 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.
---------------------------------------------------------------------------
\13\ 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 (including TMM, which claimed no
shipments, but has not been found to be separate from the PRC-wide
entity), 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: November 17, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-27685 Filed 11-21-14; 8:45 am]
BILLING CODE 3510-DS-P