Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016, 1696-1698 [2017-00036]

Download as PDF 1696 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices the source of raw materials for the MgO, with carbon levels ranging from trace amounts to 30 percent by weight, regardless of enhancements (for example, MCBs can be enhanced with coating, grinding, tar impregnation or coking, high temperature heat treatments, anti-slip treatments or metal casing) and regardless of whether or not antioxidants are present (for example, antioxidants can be added to the mix from trace amounts to 15 percent by weight as various metals, metal alloys, and metal carbides). Certain MCBs that are the subject of this order are currently classifiable under subheadings 6902.10.1000, 6902.10.5000, 6815.91.0000, 6815.99.2000, and 6815.99.4000 of the Harmonized Tariff Schedule of the United States (HTSUS). While HTSUS subheadings are provided for convenience and customs purposes, the written description is dispositive. Final Results of Review As noted above, the Department received no comments concerning the Preliminary Results. As there are no changes from, or comments upon, the Preliminary Results, the Department finds that there is no reason to modify its analysis. Therefore, in these final results of review, we have rescinded the review with respect to Fedmet Resources Corporation, continued to find that Fengchi Imp. and Exp. Co., Ltd. of Haicheng City and RHI Refractories Liaoning, Co. Ltd. had no reviewable entries, and treated the remaining companies under review as part of the PRC-wide entity.2 The Department’s policy regarding conditional review of the PRC-wide entity applies to this administrative review.3 Under this policy, the PRCwide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because the PRC-wide entity is not under review, the entity’s rate (i.e., 236.00 percent) is not subject to change.4 sradovich on DSK3GMQ082PROD with NOTICES Assessment Rates The Department determined, and U.S. Customs and Border Protection (CBP) 2 For further details of the issues addressed in this proceeding, see the Preliminary Results and accompanying PDM which can be accessed directly at http://enforcement.trade.gov/frn/index.html. 3 See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013). 4 See Certain Magnesia Carbon Bricks from the People’s Republic of China: Final Results and Final Partial Rescission of the Antidumping Duty Administrative Review; 2012–2013, 80 FR 19961, 19962 (April 14, 2015). VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 shall assess, antidumping duties on all appropriate entries in this review, in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b)(1). The Department intends to issue assessment instructions directly to CBP 15 days after publication in the Federal Register of these final results of this administrative review. In accordance with the Department’s assessment practice in NME cases, for entries that were not reported in the U.S. sales data submitted by companies individually examined during the administrative review, the Department will instruct CBP to liquidate such entries for the PRC-wide entity. Additionally, if the Department determines that an exporter had no shipments of the subject merchandise, any suspended entries that entered under that exporter’s case number (i.e., at that exporter’s cash deposit rate) will be liquidated at the rate for the PRCwide entity.5 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 any companies listed that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or de minimis, then zero cash deposit will be required); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (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 that for the PRCwide entity; 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 that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Reimbursement of Duties This notice also serves as a final reminder to importers of their responsibility under 19 CFR 5 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694–95 (October 24, 2011). PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review 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. Administrative Protective Order This notice also serves as a reminder to parties subject to 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/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. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(h). Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00027 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015–2016 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’’), covering the period April 1, 2015, through March 31, 2016. The Department preliminarily determines that Tianjin Magnesium International, Co., Ltd. (‘‘TMI’’) and Tianjin Magnesium Metal, Co., Ltd. (‘‘TMM’’) did not have reviewable entries during the period of review (‘‘POR’’). We invite interested parties to comment on these preliminary results. AGENCY: E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices DATES: Effective January 6, 2017. 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, 1401 Constitution Avenue NW., Washington DC 20230; telephone: (202) 482–3965 or (202) 482–5848, respectively. Background On April 1, 2016, 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 POR.1 On April 29, 2016, in response to a timely request from Petitioner,2 and in accordance with section 751(a) of the Tariff Act of 1930, as amended (the ‘‘Act’’), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the antidumping duty order on magnesium metal from the PRC with respect to TMI and TMM.3 sradovich on DSK3GMQ082PROD with NOTICES Scope of the Order The product covered by this order is magnesium metal from the PRC, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 18826 (April 1, 2016). 2 See letter from U.S. Magnesium LLC (‘‘Petitioner’’), ‘‘Magnesium Metal from the People’s Republic of China: Request for Administrative Review,’’ dated April 29, 2016. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 36268 (June 6, 2016). VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 for Magnesium Alloy’’4 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’’ 5; (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.6 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. 4 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. 5 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). 6 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 49345 (September 27, 2001); Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium From the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1697 Preliminary Determination of No Shipments We received timely submissions from TMM and TMI certifying that they did not have sales, shipments, or exports of subject merchandise to the United States during the POR.7 On July 11, 2016, we requested the U.S. Customs and Border Protection (‘‘CBP’’) data file of entries of subject merchandise imported into the United States during the POR, and exported by TMM and/or TMI. This query returned no entries during the POR.8 Additionally, in order to examine TMM’s and TMI’s claim, we sent an inquiry to CBP requesting that it provide any information contrary to these no-shipments claims.9 We received no notification from CBP of any entries of subject merchandise concerning these companies. On August 15, 2016, Petitioner, submitted public information it alleged contradicts TMM’s and TMI’s certifications of no shipments of subject merchandise during the POR.10 Because we have not received information to the contrary from CBP, consistent with our practice, we preliminarily determine that TMI and TMM had no shipments and, therefore, no reviewable entries during the POR. In addition, we find it is not appropriate to rescind the review with respect to these companies 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 our practice in non-market economy (‘‘NME’’) cases.11 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 24, 2016, at 1. See letter from TMI, ‘‘Magnesium Metal from the People’s Republic of China; A–570–896; Certification of No Sales by Tianjin Magnesium International, Co., Ltd.,’’ dated July 1, 2016, at 1. 8 See Memorandum to the File, ‘‘RE: U.S. Customs and Border Protection Data,’’ dated September 29, 2016 (‘‘No Shipments Memo’’), at Attachment 1. 9 See No Shipments Memo, at Attachment 2. See also CBP message 6250303, dated 09/06/2016. 10 See letter from Petitioner, ‘‘Magnesium Metal from the People’s Republic of China: Response to TMM/TMI’s No Shipment Certifications,’’ dated August 15, 2016, at Exhibits 1–3. We provided the information submitted by Petitioner to CBP on November 4, 2016. See the Department’s letter to Alexander Amdur, Director, AD/CVD Policy & Programs Division, Office of International Trade U.S. Customs & Border Protection, from Wendy J. Frankel Director, Customs Liaison Unit, ‘‘Pure Magnesium from the People’s Republic of China and Magnesium Metal from the People’s Republic of China,’’ dated November 4, 2016, at Attachment II. 11 See Glycine From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review 2014–2015, 81 FR 72567 (October 20, 2016) and the ‘‘Assessment Rates’’ section, below. E:\FR\FM\06JAN1.SGM 06JAN1 1698 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices sradovich on DSK3GMQ082PROD with NOTICES Public Comment Interested parties may submit case briefs no later than 30 days after the date of publication of this notice in the Federal Register.12 Rebuttals to case briefs, which must be limited to issues raised in the case briefs, must be filed within five days after the date for filing case briefs.13 Parties who submit arguments are requested to submit with each argument (a) a statement of the issue, (b) a brief summary of the argument, and (c) a table of authorities.14 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’’).15 ACCESS is available to registered users at https:// access.trade.gov, and is available to all parties in the Central Records Unit, 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. Hearing 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, parties will be notified of the time and date of the hearing which will be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230. Unless extended, we intend to issue the final results of this administrative review, including our analysis of all issues raised in any written brief, within 120 days of publication of this notice 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.16 We intend to issue assessment instructions to CBP 15 days after the publication date of the final results of 12 See 19 CFR 351.309(c)(1)(ii). 19 CFR 351.309(d)(1)(2). 14 See 19 CFR 351.309(c)(2), (d)(2). 15 See 19 CFR 351.303 (for general filing requirements). 16 See 19 CFR 351.212(b)(1). 13 See VerDate Sep<11>2014 18:06 Jan 05, 2017 Jkt 241001 this review. Pursuant to the Department’s practice in NME cases, if we continue to determine in the final results that TMI and TMM had no shipments of subject merchandise, any suspended entries of subject merchandise during the POR from these companies will be liquidated at the PRC-wide rate.17 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 of the final results of review, 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 may result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This notice is issued in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4). 17 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 00014 Fmt 4703 Sfmt 4703 Dated: December 29, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2017–00036 Filed 1–5–17; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–932] Certain Steel Threaded Rod From the People’s Republic of China: Amended Final Results of Antidumping Duty Administrative Review; 2014–2015 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the ‘‘Department’’) published the Final Results of the sixth administrative review of the antidumping duty order on certain steel threaded rod from the People’s Republic of China (‘‘PRC’’) on November 22, 2016. The period of review (‘‘POR’’) is April 1, 2014, through March 31, 2015. This review covers two PRC exporters of subject merchandise, RMB Fasteners Ltd., IFI & Morgan Ltd., and Jiaxing Brother Standard Part Co., Ltd. (collectively ‘‘the RMB/IFI Group’’), and Zhejiang New Oriental Fastener Co., Ltd. (‘‘New Oriental’’). The amended final dumping margins are listed below in the ‘‘Final Results of Administrative Review’’ section of this notice. DATES: Effective January 6, 2017. FOR FURTHER INFORMATION CONTACT: 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) 482–0413. SUPPLEMENTARY INFORMATION: AGENCY: Background The Department published in the Federal Register the Final Results of this administrative review on November 22, 2016.1 On December 2, 2016, New Oriental filed a timely allegation that the Department made two ministerial errors in the Final Results and requested, pursuant to 19 CFR 351.224, that the Department correct the alleged ministerial errors. No other party 1 See Certain Steel Threaded Rod from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2014– 2015, 81 FR 8300 (November 22, 2016) (‘‘Final Results’’), and accompanying Issues and Decision Memorandum (‘‘IDM’’). E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1696-1698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00036]


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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; 2015-2016

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''), covering the period 
April 1, 2015, through March 31, 2016. The Department preliminarily 
determines that Tianjin Magnesium International, Co., Ltd. (``TMI'') 
and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') did not have 
reviewable entries during the period of review (``POR''). We invite 
interested parties to comment on these preliminary results.

[[Page 1697]]


DATES: Effective January 6, 2017.

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, 1401 Constitution 
Avenue NW., Washington DC 20230; telephone: (202) 482-3965 or (202) 
482-5848, respectively.

Background

    On April 1, 2016, 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 POR.\1\ On April 29, 2016, in 
response to a timely request from Petitioner,\2\ and in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the ``Act''), and 
19 CFR 351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on magnesium metal from the PRC with respect to 
TMI and TMM.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 18826 (April 1, 2016).
    \2\ See letter from U.S. Magnesium LLC (``Petitioner''), 
``Magnesium Metal from the People's Republic of China: Request for 
Administrative Review,'' dated April 29, 2016.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 36268 (June 6, 2016).
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Scope of the Order

    The product covered by this order is magnesium metal from the PRC, 
which includes primary and secondary alloy magnesium metal, regardless 
of chemistry, raw material source, form, shape, or size. Magnesium is a 
metal or alloy containing by weight primarily the element magnesium. 
Primary magnesium is produced by decomposing raw materials into 
magnesium metal. Secondary magnesium is produced by recycling 
magnesium-based scrap into magnesium metal. The magnesium covered by 
this order includes blends of primary and secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy''\4\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \4\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of this order excludes: (1) All forms of pure magnesium, 
including chemical combinations of magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
than 99.8 percent, by weight, that do not conform to an ``ASTM 
Specification for Magnesium Alloy'' \5\; (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.\6\
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    \5\ 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).
    \6\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
Final Determination of Sales at Less Than Fair Value: Pure Magnesium 
in Granular Form From the People's Republic of China, 66 FR 49345 
(September 27, 2001); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
Final Determination of Sales at Not Less Than Fair Value: Pure 
Magnesium From the Russian Federation, 66 FR 49347 (September 27, 
2001). These mixtures are not magnesium alloys, because they are not 
combined in liquid form and cast into the same ingot.
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    The merchandise subject to this order is classifiable under items 
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS items are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Preliminary Determination of No Shipments

    We received timely submissions from TMM and TMI certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\7\ On July 11, 2016, we requested 
the U.S. Customs and Border Protection (``CBP'') data file of entries 
of subject merchandise imported into the United States during the POR, 
and exported by TMM and/or TMI. This query returned no entries during 
the POR.\8\ Additionally, in order to examine TMM's and TMI's claim, we 
sent an inquiry to CBP requesting that it provide any information 
contrary to these no-shipments claims.\9\ We received no notification 
from CBP of any entries of subject merchandise concerning these 
companies. On August 15, 2016, Petitioner, submitted public information 
it alleged contradicts TMM's and TMI's certifications of no shipments 
of subject merchandise during the POR.\10\
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    \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 24, 2016, at 1. See letter 
from TMI, ``Magnesium Metal from the People's Republic of China; A-
570-896; Certification of No Sales by Tianjin Magnesium 
International, Co., Ltd.,'' dated July 1, 2016, at 1.
    \8\ See Memorandum to the File, ``RE: U.S. Customs and Border 
Protection Data,'' dated September 29, 2016 (``No Shipments Memo''), 
at Attachment 1.
    \9\ See No Shipments Memo, at Attachment 2. See also CBP message 
6250303, dated 09/06/2016.
    \10\ See letter from Petitioner, ``Magnesium Metal from the 
People's Republic of China: Response to TMM/TMI's No Shipment 
Certifications,'' dated August 15, 2016, at Exhibits 1-3. We 
provided the information submitted by Petitioner to CBP on November 
4, 2016. See the Department's letter to Alexander Amdur, Director, 
AD/CVD Policy & Programs Division, Office of International Trade 
U.S. Customs & Border Protection, from Wendy J. Frankel Director, 
Customs Liaison Unit, ``Pure Magnesium from the People's Republic of 
China and Magnesium Metal from the People's Republic of China,'' 
dated November 4, 2016, at Attachment II.
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    Because we have not received information to the contrary from CBP, 
consistent with our practice, we preliminarily determine that TMI and 
TMM had no shipments and, therefore, no reviewable entries during the 
POR. In addition, we find it is not appropriate to rescind the review 
with respect to these companies 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 our practice 
in non-market economy (``NME'') cases.\11\
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    \11\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016) and the ``Assessment Rates'' section, 
below.

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[[Page 1698]]

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice in the Federal 
Register.\12\ Rebuttals to case briefs, which must be limited to issues 
raised in the case briefs, must be filed within five days after the 
date for filing case briefs.\13\ Parties who submit arguments are 
requested to submit with each argument (a) a statement of the issue, 
(b) a brief summary of the argument, and (c) a table of 
authorities.\14\ 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'').\15\ ACCESS is available to registered users at 
https://access.trade.gov, and is available to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1)(2).
    \14\ See 19 CFR 351.309(c)(2), (d)(2).
    \15\ 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. Hearing 
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, parties will 
be notified of the time and date of the hearing which will be held at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    Unless extended, we intend to issue the final results of this 
administrative review, including our analysis of all issues raised in 
any written brief, within 120 days of publication of this notice 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.\16\ We intend to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. Pursuant to the Department's practice in NME cases, if we 
continue to determine in the final results that TMI and TMM had no 
shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR from these companies will be liquidated at 
the PRC-wide rate.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ 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 of the 
final results of review, 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 may result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is issued in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-00036 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P