Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 220-222 [2015-33162]

Download as PDF 220 Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices provides an organized and continuing channel of communication between recognized experts in the data industry (collection, compilation, analysis, dissemination and privacy protection) and the Department of Commerce. The CDAC provides advice and recommendations, to include process and infrastructure improvements, to the Secretary, DOC and the DOC databureau leadership on ways to make Commerce data easier to find, access, use, combine and disseminate. The aim of this advice shall be to maximize the value of Commerce data to all users including governments, businesses, communities, academia, and individuals. The Committee is established in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2, Section 10(a)(b)). All meetings are open to the public. Individuals questions or statements must submit them in writing to: DataAdvisoryCouncil@doc.gov (subject line ‘‘January 2016 CDAC Working Group Meeting Public Comment’’), or by letter submission to the Director of External Communication and DFO, CDAC, Department of Commerce, Economics and Statistics Administration, 1401 Constitution Ave. NW., Washington, DC 20230. Such submissions will be included in the record for the meeting if received by Monday, January 11, 2016. Dated: December 29, 2015. Burton Reist, Director for External Affairs, Economics and Statistics Administration. [FR Doc. 2015–33154 Filed 12–30–15; 4:15 pm] BILLING CODE P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–85–2015] asabaliauskas on DSK5VPTVN1PROD with NOTICES Foreign-Trade Zone (FTZ) 20—Newport News, Virginia; Notification of Proposed Production Activity; Canon Virginia, Inc.; Subzone 20D; (Toner Cartridges and Bottles) Newport News, Virginia Canon Virginia, Inc. (Canon), operator of Subzone 20D, submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 20D, in Newport News, Virginia. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on December 14, 2015. Canon already has authority to produce a range of printers, copiers and VerDate Sep<11>2014 18:43 Jan 04, 2016 Jkt 238001 their parts and supplies, including toner, toner cartridges, toner bottles and cartridge parts, within Subzone 20D. The current request would add foreignstatus materials/components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreignstatus materials/components and specific finished products described in the submitted notification (as described below) and subsequently authorized by the FTZ Board. Production under FTZ procedures could exempt Canon from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, Canon would be able to choose the duty rates during customs entry procedures that apply to toner cartridges or toner bottles (duty-free) for the foreign-status materials/components noted below and in the existing scope of authority. Customs duties also could possibly be deferred or reduced on foreign-status production equipment. The materials/components sourced from abroad include: Carbon black and aluminum flanges (duty rates: Duty-free and 5.7%, respectively). Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary at the address below. The closing period for their receipt is February 16, 2016. A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230–0002, and in the ‘‘Reading Room’’ section of the FTZ Board’s Web site, which is accessible via www.trade.gov/ftz. For further information, contact Diane Finver at Diane.Finver@trade.gov or (202) 482–1367. Dated: December 29, 2015. Andrew McGilvray, Executive Secretary. [FR Doc. 2015–33160 Filed 1–4–16; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 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; 2014–2015 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, 2014, through March 31, 2015. 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: January 5, 2016. FOR FURTHER INFORMATION CONTACT: James Terpstra 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) 482–3965 or (202) 482– 5848, respectively. AGENCY: Scope of the Order The product covered by this antidumping duty order is magnesium metal from the PRC, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. 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 E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES 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. VerDate Sep<11>2014 18:43 Jan 04, 2016 Jkt 238001 221 written description of the merchandise is dispositive. merchandise during the POR that had been exported by TMI or TMM. Background 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 21, 2015, 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 it is not appropriate 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, consistent with its practice in non-market economy (‘‘NME’’) cases.12 On April 1, 2015, 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, 2014 through March 31, 2015.4 On April 30, 2015, 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 26, 2015, 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 19, 2015, TMM submitted a letter to the Department certifying that it did not export magnesium metal to the United States during the POR.7 On June 24, 2015, TMI submitted a letter to the Department certifying that it did not export magnesium metal to the United States during the POR.8 On July 9, 2015, 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 21, 2015, 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, 80 FR 17392 (April 1, 2015). 5 See letter from U.S. Magnesium, ‘‘Magnesium Metal from the People’s Republic of China: Request for Administrative Review,’’ dated April 30, 2015. 6 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 30041 (May 26, 2015). 7 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 June 19, 2015, at 1. 8 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 24, 2015, at 1. 9 See Memorandum to the File, ‘‘Magnesium Metal from the People’s Republic of China: 14–15 Administrative Review: U.S. Customs and Border Protection Data,’’ dated August 21, 2015 (‘‘No Shipments Memo’’), at Attachment 1: Customs Message 5190303. 10 See No Shipments Memo. PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 Public Comment Interested parties may submit case briefs within 30 days after the date of publication of these preliminary results of review in the Federal Register.13 Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the time limit for filing case briefs.14 Parties who submit arguments are requested to submit with the argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.15 Parties submitting briefs should do so pursuant to the Department’s electronic filing system: Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’).16 ACCESS is available to registered users at http:// access.trade.gov, and is available to all parties in the Central Records Unit, 11 Id. 12 See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 13 See 19 CFR 351.309(c)(1)(ii). 14 See 19 CFR 351.309(d)(1)–(2). 15 See 19 CFR 351.309(c)(2), (d)(2). 16 See 19 CFR 351.303 (for general filing requirements). E:\FR\FM\05JAN1.SGM 05JAN1 222 Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices Room B8024 of the main Department of Commerce building. Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce within 30 days of the date of publication of this notice. Requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues parties intend to discuss. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a date and time to be determined. See 19 CFR 351.310(d). Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date. The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, pursuant to section 751(a)(3)(A) of the Act. asabaliauskas on DSK5VPTVN1PROD with NOTICES 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 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 NonMarket 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 VerDate Sep<11>2014 18:43 Jan 04, 2016 Jkt 238001 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)(1) of the Act, and 19 CFR 351.221(b)(4). Dated: December 24, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015–33162 Filed 1–4–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–549–822] Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand Enforcement and Compliance, International Trade Administration, Department of Commerce. AGENCY: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 On November 25, 2015, the Department of Commerce (the Department) initiated a changed circumstances review and published a notice of preliminary results of changed circumstances review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Thailand.1 In that notice, we preliminarily determined that Thai Union Group Public Co., Ltd. (Thai Union Group) is the successor-ininterest to Thai Union Frozen Products Public Co., Ltd. (Thai Union Frozen) for purposes of determining antidumping duty cash deposits and liabilities. No interested party submitted comments on, or requested a public hearing to discuss, the Initiation and Preliminary Results. For these final results, the Department continues to find that Thai Union Group is the successor-in-interest to Thai Union Frozen. DATES: Effective Date: January 5, 2016. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Elizabeth Eastwood, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–5973 or (202) 482–3874, respectively. SUPPLEMENTARY INFORMATION: SUMMARY: Background On September 17, 2015, Thai Union Group, a producer/exporter of Thai shrimp covered by this order, changed its name from Thai Union Frozen to Thai Union Group. On October 5, 2015, Thai Union Group requested that the Department conduct an expedited changed circumstances review under section 751(b) of the Act, 19 CFR 351.216(c), and 19 CFR 351.221(c)(3)(ii) to confirm that Thai Union Group is the successor-in-interest to Thai Union Frozen for purposes of determining antidumping duty cash deposits and liabilities. On November 25, 2015, the Department initiated this changed circumstances review and published the notice of preliminary results, determining that Thai Union Group is the successor-in-interest to Thai Union Frozen.2 In the Initiation and Preliminary Results, we provided all interested parties with an opportunity to comment or request a public hearing regarding our preliminary finding that 1 See Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp from Thailand, 80 FR 73726 (November 25, 2015) (Initiation and Preliminary Results). 2 Id., 80 FR at 73728. E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 220-222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-33162]


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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; 2014-2015

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, 2014, through March 31, 2015. 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: January 5, 2016.

FOR FURTHER INFORMATION CONTACT: James Terpstra 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-
3965 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

[[Page 221]]

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.
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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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Background

    On April 1, 2015, 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, 2014 through March 
31, 2015.\4\ On April 30, 2015, 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 26, 2015, 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 19, 2015, TMM submitted a letter to the Department certifying 
that it did not export magnesium metal to the United States during the 
POR.\7\ On June 24, 2015, TMI submitted a letter to the Department 
certifying that it did not export magnesium metal to the United States 
during the POR.\8\
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    \4\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 80 FR 17392 (April 1, 2015).
    \5\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated April 30, 2015.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 30041 (May 26, 2015).
    \7\ 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 June 19, 2015, at 1.
    \8\ 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 24, 2015, at 1.
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    On July 9, 2015, 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 21, 
2015, 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 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: 14-15 Administrative Review: U.S. 
Customs and Border Protection Data,'' dated August 21, 2015 (``No 
Shipments Memo''), at Attachment 1: Customs Message 5190303.
    \10\ See No Shipments Memo.
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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 21, 2015, 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\ 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 it is not appropriate 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, consistent with its practice in non-market 
economy (``NME'') cases.\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 may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\13\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\14\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\15\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system: Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS'').\16\ ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit,

[[Page 222]]

Room B8024 of the main Department of Commerce building.
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    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1)-(2).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
    \16\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days of the date of publication of this notice. Requests 
should contain the following information: (1) The party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of the issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date and 
time to be determined. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, 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 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)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-33162 Filed 1-4-16; 8:45 am]
BILLING CODE 3510-DS-P