Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015, 6504-6506 [2016-02425]

Download as PDF 6504 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The purpose of the meeting is: 1. Proposal review and recommendations. The meeting is open to the public. The agenda will include time for people to make oral statements of three minutes or less. Individuals wishing to make an oral statement should request in writing by February 29, 2016 to be scheduled on the agenda. Anyone who would like to bring related matters to the attention of the committee may file written statements with the committee staff before or after the meeting. Written comments and requests for time for oral comments must be sent to Shoshana Cooper, RAC Coordinator, 3815 Schreiber Way, Coeur d’Alene, Idaho, 83815; or by email to smcooper@ fs.fed.us, or via facsimile to 208–765– 7426. Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: February 1, 2016. Mary Farnsworth, Forest Supervisor. [FR Doc. 2016–02435 Filed 2–5–16; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF AGRICULTURE Rural Utilities Service Information Collection Activity; Comment Request Rural Utilities Service, USDA. ACTION: Notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35, as amended), the United States Department of Agriculture (USDA) Rural Development administers rural utilities programs through the Rural Utilities Service (RUS). RUS invites comments on the following information collection for which the Agency intends to request approval from the Office of Management and Budget (OMB). DATES: Comments on this notice must be received by April 8, 2016. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:51 Feb 05, 2016 Jkt 238001 FOR FURTHER INFORMATION CONTACT: Thomas P. Dickson, Acting Director, Program Development and Regulatory Analysis, USDA Rural Utilities Service, 1400 Independence Avenue SW., STOP 1522, Room 5164, South Building, Washington, DC 20250–1522. Telephone: (202) 690–4492. FAX: (202) 720–8435. Email: Thomas.Dickson@ wdc.usda.gov. The Office of Management and Budget’s (OMB) regulation (5 CFR 1320) implementing provisions of the Paperwork Reduction Act of 1995 (Pub. L. 104–13) requires that interested members of the public and affected agencies have an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d)). This notice identifies an information collection that RUS is submitting to OMB for extension. Comments are invited on: (a) Whether this collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) the accuracy of the Agency’s estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to: Thomas P. Dickson, Acting Director, Program Development and Regulatory Analysis, USDA Rural Development, STOP 1522, 1400 Independence Avenue SW., Washington, DC 20250–1522. FAX: (202) 720–8435. Title: Emergency and Imminent Community Water Assistance Grants, 7 CFR 1778. OMB Control Number: 0572–0110. Type of Request: Extension of a currently approved information collection. Abstract: Rural Utilities Service (RUS), an agency delivering the U.S. Department of Agriculture (USDA) administers Emergency and Imminent Community Water Assistance Grants pursuant to 7 CFR 1778 and awards grants to qualified rural communities that have experienced a significant decline in quality or quantity of water or expect such a decline to be imminent. Grants under this RUS program may be made to public bodies and private SUPPLEMENTARY INFORMATION: PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 nonprofit corporations serving rural areas. Public bodies include counties, cities, townships, incorporated towns and villages, boroughs, authorities, districts, and other political subdivisions of a state. Public bodies also include Indian Tribes on Federal and State reservations and other Federally-recognized Indian tribal groups in rural areas. Applicants will provide information to be collected as part of the application and grant process through documentation, certifications, or completed application forms. These procedures are codified at 7 CFR part 1778. Estimate of Burden: Public reporting for this collection of information is estimated to average 4 hours per response. Respondents: Not-for-profit Institutions. Estimated Number of Respondents: 100. Estimated Total Annual Burden on Respondents: 400 hours. Copies of this information collection can be obtained from Rebecca Hunt, Program Development and Regulatory Analysis, at (202) 205–3660, FAX (202) 720–8435 or email: Rebecca.Hunt@ wdc.usda.gov. All responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public records. Dated: February 2, 2016. Brandon McBride, Administrator, Rural Utilities Service. [FR Doc. 2016–02462 Filed 2–5–16; 8:45 am] BILLING CODE 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; 2014–2015 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, 2014, through April 30, 2015. This review covers Tianjin Magnesium International, Co., Ltd. (‘‘TMI’’) and Tianjin Magnesium Metal Co., Ltd. (‘‘TMM’’) (collectively ‘‘TMI/ AGENCY: E:\FR\FM\08FEN1.SGM 08FEN1 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices TMM’’).1 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: February 8, 2016. FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482–6386. Scope of the Order asabaliauskas on DSK5VPTVN1PROD with NOTICES 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). 1 The Department initiated the instant review on both TMM and TMI. See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 80 FR 37588, 37593 (July 1, 2015) (‘‘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 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 2013–2014 no shipments administrative review (see Pure Magnesium from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2013– 2014, 80 FR 26541 (May 8, 2015)). VerDate Sep<11>2014 17:51 Feb 05, 2016 Jkt 238001 ‘‘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, 2015, 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, 2014 through April 30, 2015.2 On May 29, 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.3 On July 1, 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.4 On July 23 and 28, 2015, TMM and TMI, respectively, 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 80 FR 24898 (May 1, 2015). 3 See letter from U.S. Magnesium, ‘‘Pure Magnesium From the People’s Republic of China: Request for Administrative Review,’’ dated May 29, 2015. 4 See Initiation Notice. PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 6505 separately submitted letters to the Department certifying that they did not export pure magnesium for consumption in the United States during the POR.5 On January 21, 2016, 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 December 5, 2015, 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. As explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department has exercised its discretion to toll all administrative deadlines due to the recent closure of the Federal Government. All deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the preliminary results of this review is now February 5, 2016.8 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; 9 CBP did not provide any evidence that contradicts TMI or TMM’s claim of no 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, 2015; see also letter from TMI, ‘‘Pure Magnesium from {t}he People’s Republic of China; A–570–832; Certification of No Sales by Tianjin Magnesium International, Co., Ltd.,’’ dated July 28, 2014. We note this letter was timely filed and received on the record of the instant review on July 28, 2015, and, as such, the July 28, 2014, date of this letter was likely a typographical error. 6 See Memorandum to the File, ‘‘2014–2015 Administrative Review of Pure Magnesium from the People’s Republic of China: U.S. Customs and Border Protection Data,’’ dated January 21, 2016 (‘‘CBP Data Query’’). 7 See Memorandum to the File, ‘‘Transmit No Shipment Inquiry to the File,’’ dated December 4, 2015, containing Customs Message #527305 (‘‘CBP No Shipment Inquiry’’). 8 See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ‘‘Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,’’ dated January 27, 2016. 9 See CBP Data Query. E:\FR\FM\08FEN1.SGM 08FEN1 6506 Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Notices asabaliauskas on DSK5VPTVN1PROD with NOTICES shipments,10 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 assessment practice in non-market economy (‘‘NME’’) cases, it is appropriate not to rescind the review in part in this circumstance but, rather, to complete the review with respect to TMI/TMM and to issue appropriate instructions to CBP based on the final results of the review.11 Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments within 30 days of the date of publication of this notice, pursuant to 19 CFR 351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the case briefs, will be due five days after the due date for case briefs, pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a summary of the argument not to exceed five pages, and a table of statutes, regulations, and cases cited, in accordance with 19 CFR 351.309(c)(2) and (d)(2). Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce. All documents must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. An electronicallyfiled request must be received successfully in its entirety by 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 10 See CBP No Shipment Inquiry. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the ‘‘Assessment Rates’’ section, below. 12 See 19 CFR 351.310(c). raised in the respective case briefs. The Department intends to issue the final results of this administrative review, including the results of its analysis of the issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. Additionally, pursuant to a recently announced refinement to its assessment practice in NME cases, if the Department continues to determine that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s rate) will be liquidated at the PRC-wide rate.13 17:51 Feb 05, 2016 Jkt 238001 Dated: February 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–02425 Filed 2–5–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Cash Deposit Requirements International Trade Administration 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. [C–122–854] 11 See VerDate Sep<11>2014 Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement off antidumping duties prior to liquidation of the relevant entries during this period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213. 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 00006 Fmt 4703 Sfmt 4703 Supercalendered Paper From Canada: Initiation of Expedited Review of the Countervailing Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) is initiating an expedited review of the countervailing duty order on supercalendered paper from Canada with respect to Catalyst Pulp and Paper Sales Inc., Catalyst Paper Corporation, and Catalyst Paper (USA) (collectively, Catalyst) and Irving Paper Limited (Irving). DATES: Effective date: February 8, 2016. FOR FURTHER INFORMATION CONTACT: Dana Mermelstein or Toby Vandall, AD/ CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone (202) 482–1391 and (202) 482–1664, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 10, 2015, the Department published the countervailing duty order on supercalendered paper from Canada.1 1 See Supercalendered Paper From Canada: Countervailing Duty Order, 80 FR 76668 (December 10, 2015). E:\FR\FM\08FEN1.SGM 08FEN1

Agencies

[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6504-6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02425]


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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; 2014-2015

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, 2014, through April 30, 2015. This review covers 
Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin 
Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/

[[Page 6505]]

TMM'').\1\ 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, 80 FR 37588, 37593 (July 1, 2015) 
(``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 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 
2013-2014 no shipments administrative review (see Pure Magnesium 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2013-2014, 80 FR 26541 (May 8, 2015)).

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DATES: Effective Date: February 8, 2016.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482-6386.

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, 2015, 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, 2014 through April 30, 
2015.\2\ On May 29, 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.\3\ On July 1, 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.\4\ On July 
23 and 28, 2015, TMM and TMI, respectively, 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, 80 FR 24898 (May 1, 2015).
    \3\ See letter from U.S. Magnesium, ``Pure Magnesium From the 
People's Republic of China: Request for Administrative Review,'' 
dated May 29, 2015.
    \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, 2015; see also letter 
from TMI, ``Pure Magnesium from {t{time} he People's Republic of 
China; A-570-832; Certification of No Sales by Tianjin Magnesium 
International, Co., Ltd.,'' dated July 28, 2014. We note this letter 
was timely filed and received on the record of the instant review on 
July 28, 2015, and, as such, the July 28, 2014, date of this letter 
was likely a typographical error.
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    On January 21, 2016, 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 December 5, 2015, 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, ``2014-2015 Administrative 
Review of Pure Magnesium from the People's Republic of China: U.S. 
Customs and Border Protection Data,'' dated January 21, 2016 (``CBP 
Data Query'').
    \7\ See Memorandum to the File, ``Transmit No Shipment Inquiry 
to the File,'' dated December 4, 2015, containing Customs Message 
#527305 (``CBP No Shipment Inquiry'').
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    As explained in the memorandum from the Acting Assistant Secretary 
for Enforcement & Compliance, the Department has exercised its 
discretion to toll all administrative deadlines due to the recent 
closure of the Federal Government. All deadlines in this segment of the 
proceeding have been extended by four business days. The revised 
deadline for the preliminary results of this review is now February 5, 
2016.\8\
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    \8\ See Memorandum to the File from Ron Lorentzen, Acting A/S 
for Enforcement & Compliance, ``Tolling of Administrative Deadlines 
As a Result of the Government Closure During Snowstorm Jonas,'' 
dated January 27, 2016.
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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; \9\ 
CBP did not provide any evidence that contradicts TMI or TMM's claim of 
no

[[Page 6506]]

shipments,\10\ and no interested party provided comment concerning the 
results of the CBP query.
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    \9\ See CBP Data Query.
    \10\ 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 assessment 
practice in non-market economy (``NME'') cases, it is appropriate not 
to rescind the review in part in this circumstance but, rather, to 
complete the review with respect to TMI/TMM and to issue appropriate 
instructions to CBP based on the final results of the review.\11\
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the 
``Assessment Rates'' section, below.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments within 30 
days of the date of publication of this notice, pursuant to 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days after the due date for case briefs, 
pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument a 
statement of the issue, a summary of the argument not to exceed five 
pages, and a table of statutes, regulations, and cases cited, in 
accordance with 19 CFR 351.309(c)(2) and (d)(2).
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce. 
All documents must be filed electronically using Enforcement and 
Compliance's Antidumping and Countervailing Duty Centralized Electronic 
Service System (``ACCESS''). ACCESS is available to registered users at 
https://access.trade.gov, and to all parties in the Central Records 
Unit, room B8024 of the main Department of Commerce building. An 
electronically-filed request must be received successfully in its 
entirety by ACCESS by 5:00 p.m. Eastern Standard Time, within 30 days 
after the date of publication of this notice.\12\ Requests should 
contain: (1) The party's name, address and telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case briefs. The Department intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \12\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries 
covered by this review. The Department intends to issue assessment 
instructions to CBP 15 days after the publication date of the final 
results of this review. Additionally, pursuant to a recently announced 
refinement to its assessment practice in NME cases, if the Department 
continues to determine that an exporter under review had no shipments 
of the subject merchandise, any suspended entries that entered under 
that exporter's case number (i.e., at that exporter's rate) will be 
liquidated at the PRC-wide rate.\13\
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    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to TMI/TMM in the most recently completed review of 
the company; (2) for previously investigated or reviewed PRC and non-
PRC exporters who are not under review in this segment of the 
proceeding but who have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all PRC exporters of subject merchandise that have not 
been found to be entitled to a separate rate, the cash deposit rate 
will be the PRC-wide rate of 141.49 percent; and (4) for all non-PRC 
exporters of subject merchandise which have not received their own 
rate, the cash deposit rate will be the rate applicable to the PRC 
exporter(s) that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement off antidumping duties prior to liquidation 
of the relevant entries during this period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: February 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02425 Filed 2-5-16; 8:45 am]
BILLING CODE 3510-DS-P