Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013-2014, 5087-5089 [2015-01814]

Download as PDF Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / 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(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or 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: January 23, 2015. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–01812 Filed 1–29–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–886] Polyethylene Retail Carrier Bags From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review; 2013–2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: January 30, 2015. FOR FURTHER INFORMATION CONTACT: Jerrold Freeman or Minoo Hatten 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) 482–0180 and (202) 482–1690, respectively. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with NOTICES AGENCY: Background On August 1, 2014, the Department of Commerce (the Department) published a notice of opportunity to request an administrative review of the antidumping duty order on polyethylene retail carrier bags (PRCBs) from the People’s Republic of China (PRC) for the period of review (POR) August 1, 2013, through July 31, 2014.1 On August 29, 2014, the petitioners, the Polyethylene Retail Carrier Bag Committee and its individual members, 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 44740 (August 1, 2014). VerDate Sep<11>2014 20:33 Jan 29, 2015 Jkt 235001 Hilex Poly Co., LLC, and Superbag Corporation, requested an administrative review of the order with respect to Dongguan Nozawa Plastics Products Co., Ltd. and United Power Packaging, Ltd. (collectively, Nozawa).2 On September 30, 2014, in accordance with section 751(a) of the Tariff Act of 1930, as amended (Act) and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the order on PRCBs from the PRC with respect to Nozawa.3 On December 16, 2014, the petitioners timely withdrew their request for an administrative review of Nozawa.4 Rescission of Review Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, ‘‘in whole or in part, if a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review.’’ The petitioners withdrew their request for review within the 90-day time limit. Because we received no other requests for review of Nozawa and no other requests for the review of the order on PRCBs from the PRC with respect to other companies subject to the order, we are rescinding the administrative review of the order in full in accordance with 19 CFR 351.213(d)(1). Assessment The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of PRCBs from the PRC during the POR at rates equal to the cash deposit or bonding rate of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after publication of this notice in the Federal Register. Notification to Importers This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement 2 See Letter from the petitioners to the Department, ‘‘Polyethylene Retail Carrier Bags From the People’s Republic of China: Request for Administrative Review’’ (August 29, 2014). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 79 FR 58729 (September 30, 2014). 4 See Letter from the petitioners to the Department, ‘‘Polyethylene Retail Carrier Bags From the People’s Republic of China: Withdrawal of Request for Administrative Review’’ (December 16, 2014). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 5087 of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Notification Regarding Administrative Protective Order This notice also serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return or destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation. This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(d)(4). Dated: January 23, 2015. Christian Marsh Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2015–01813 Filed 1–29–15; 8:45 am] BILLING CODE 3510–DS–P 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; 2013–2014 Enforcement and Compliance, 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, 2013, through April 30, 2014. This review covers one PRC company, Tianjin Magnesium International, Co., Ltd. (‘‘TMI’’) and Tianjin Magnesium Metal Co., Ltd. (‘‘TMM’’) (collectively ‘‘TMI/TMM’’).1 AGENCY: 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, 79 FR 36462 (June 27, 2014) (‘‘Initiation Notice’’). In the 2011– 2012 review of the order, the Department E:\FR\FM\30JAN1.SGM Continued 30JAN1 5088 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices The Department preliminarily finds that TMI/TMM did not have reviewable entries during the POR. The Department invites interested parties to comment on these preliminary results. DATES: Effective Date: January 30, 2015. FOR FURTHER INFORMATION CONTACT: 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) 482–5848. 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). asabaliauskas on DSK5VPTVN1PROD with NOTICES ‘‘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 determined TMM and TMI to be collapsed and treated as a single company 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 company. This is consistent with the Department’s treatment of the single TMM/TMI company under identical circumstance in the prior 2012–2013 no shipments review (see Pure Magnesium from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2012–2013, 79 FR 29416 (May 22, 2014)). VerDate Sep<11>2014 18:50 Jan 29, 2015 Jkt 235001 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, the written description of the scope is dispositive. Background On May 1, 2014, 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 May 1, 2013 through April 30, 2014.2 On June 2, 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.3 On June 27, 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.4 On July 22 and 23, 2014, 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 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 79 FR 24670, 24671 (May 1, 2014). 3 See letter from U.S. Magnesium, ‘‘Pure Magnesium from the People’s Republic of China: Request for Administrative Review,’’ dated June 2, 2014. 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 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 On December 17, 2014, the Department placed on the record information obtained in response to a 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 exported by TMI or TMM. In addition, on November 4, 2014, the Department notified CBP that it was 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. 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. The Department’s review of CBP data supports this certification,8 CBP did not provide any evidence that contradicts TMI or TMM’s claim of no shipments,9 and no interested party provided comment concerning the results of the CBP query. Therefore, based on TMI and TMM’s certification and analysis information of the record, the Department preliminarily determines that TMI/ 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 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.10 Metal, Co., Ltd.,’’ dated July 23, 2014; 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 July 22, 2014. 6 See Memorandum to the File, ‘‘2013–2014 Administrative Review of Pure Magnesium from the People’s Republic of China: U.S. Customs and Border Protection Data,’’ dated December 17, 2014 (‘‘CBP Data Query’’). 7 See Memo to the File entitled, ‘‘Transmit No Shipment Inquiry to the File,’’ dated December 16, 2014, containing Customs Message # 4308302 (‘‘CBP No Shipment Inquiry’’). 8 See CBP Data Query. 9 See CBP No Shipment Inquiry. 10 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. E:\FR\FM\30JAN1.SGM 30JAN1 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices Public Comment asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 (‘‘ACCESS’’).11 ACCESS is available to registered users at https:// access.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, 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. 11 On November 24, 2014, Enforcement and Compliance changed the name of Enforcement and Compliance’s AD and CVD Centralized Electronic Service System (‘‘IA ACCESS’’) to AD and CVD Centralized Electronic Service System (‘‘ACCESS’’). The Web site location was changed from https:// iaaccess.trade.gov to https://access.trade.gov. The Final Rule changing the references to the Regulations can be found at 79 FR 69046 (November 20, 2014). 12 See 19 CFR 351.310(c). VerDate Sep<11>2014 18:50 Jan 29, 2015 Jkt 235001 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 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. 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 13 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 5089 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: January 22, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–01814 Filed 1–29–15; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–570–019] Countervailing Duty Investigation of Boltless Steel Shelving Units Prepackaged for Sale From the People’s Republic of China: Preliminary Determination and Alignment of Final Determination With Final Antidumping Duty Determination Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) preliminarily determines that countervailable subsidies are being provided to producers and exporters of boltless steel shelving units prepackaged for sale (‘‘boltless steel shelves’’) from the People’s Republic of China (the ‘‘PRC’’). We invite interested parties to comment on this preliminary determination. DATES: Effective Date: January 30, 2015. FOR FURTHER INFORMATION CONTACT: Susan Pulongbarit or Paul Walker, AD/ CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone 202.482.4031 or 202.482.0413, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Investigation The scope of the investigation covers boltless steel shelving units prepackaged for sale, with or without decks. The term ‘‘prepackaged for sale’’ means that, at a minimum, the steel vertical supports (i.e., uprights and posts) and steel horizontal supports (i.e., beams, braces) necessary to assemble a completed shelving unit (with or without decks) are packaged together for ultimate purchase by the end-user. The scope also includes add-on kits. Add-on kits include, but are not limited to, kits E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Notices]
[Pages 5087-5089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01814]


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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; 2013-2014

AGENCY: Enforcement and Compliance, 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, 2013, through April 30, 2014. This review covers 
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'') 
and Tianjin Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'').\1\

[[Page 5088]]

The Department preliminarily finds that TMI/TMM did not have reviewable 
entries during the POR. The Department invites interested parties to 
comment on these preliminary results.
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    \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, 79 FR 
36462 (June 27, 2014) (``Initiation Notice''). In the 2011-2012 
review of the order, the Department determined TMM and TMI to be 
collapsed and treated as a single company 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 company. This is consistent with the 
Department's treatment of the single TMM/TMI company under identical 
circumstance in the prior 2012-2013 no shipments review (see Pure 
Magnesium from the People's Republic of China: Final Results of 
Antidumping Duty Administrative Review; 2012-2013, 79 FR 29416 (May 
22, 2014)).

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DATES: Effective Date: January 30, 2015.

FOR FURTHER INFORMATION CONTACT: 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-
5848.

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, the 
written description of the scope is dispositive.

Background

    On May 1, 2014, 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 May 1, 2013 through April 30, 
2014.\2\ On June 2, 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.\3\ On June 27, 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.\4\ 
On July 22 and 23, 2014, 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, 79 FR 24670, 24671 (May 1, 2014).
    \3\ See letter from U.S. Magnesium, ``Pure Magnesium from the 
People's Republic of China: Request for Administrative Review,'' 
dated June 2, 2014.
    \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 July 23, 2014; 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 July 22, 2014.
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    On December 17, 2014, the Department placed on the record 
information obtained in response to a 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 exported by 
TMI or TMM. In addition, on November 4, 2014, the Department notified 
CBP that it was 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, ``2013-2014 Administrative 
Review of Pure Magnesium from the People's Republic of China: U.S. 
Customs and Border Protection Data,'' dated December 17, 2014 (``CBP 
Data Query'').
    \7\ See Memo to the File entitled, ``Transmit No Shipment 
Inquiry to the File,'' dated December 16, 2014, containing Customs 
Message # 4308302 (``CBP No Shipment Inquiry'').
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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. 
The Department's review of CBP data supports this certification,\8\ CBP 
did not provide any evidence that contradicts TMI or TMM's claim of no 
shipments,\9\ and no interested party provided comment concerning the 
results of the CBP query.
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    \8\ See CBP Data Query.
    \9\ See CBP No Shipment Inquiry.
---------------------------------------------------------------------------

    Therefore, based on TMI and TMM's certification and analysis 
information of the record, the Department preliminarily determines that 
TMI/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 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.\10\
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    \10\ 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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[[Page 5089]]

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 (``ACCESS'').\11\ ACCESS is 
available to registered users at https://access.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, 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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    \11\ On November 24, 2014, Enforcement and Compliance changed 
the name of Enforcement and Compliance's AD and CVD Centralized 
Electronic Service System (``IA ACCESS'') to AD and CVD Centralized 
Electronic Service System (``ACCESS''). The Web site location was 
changed from https://iaaccess.trade.gov to https://access.trade.gov. 
The Final Rule changing the references to the Regulations can be 
found at 79 FR 69046 (November 20, 2014).
    \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 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 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: January 22, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-01814 Filed 1-29-15; 8:45 am]
BILLING CODE 3510-DS-P

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