Magnesium Metal from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017, 789-791 [2018-00113]

Download as PDF Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices Notification to Interested Parties This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c). Dated: December 29, 2017. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation The merchandise covered by this investigation includes all grades and granulation sizes of citric acid, sodium citrate, and potassium citrate in their unblended forms, whether dry or in solution, and regardless of packaging type. The scope also includes blends of citric acid, sodium citrate, and potassium citrate; as well as blends with other ingredients, such as sugar, where the unblended form(s) of citric acid, sodium citrate, and potassium citrate constitute 40 percent or more, by weight, of the blend. The scope also includes all forms of crude calcium citrate, including dicalcium citrate monohydrate, and tricalcium citrate tetrahydrate, which are intermediate products in the production of citric acid, sodium citrate, and potassium citrate. The scope includes the hydrous and anhydrous forms of citric acid, the dihydrate and anhydrous forms of sodium citrate, otherwise known as citric acid sodium salt, and the monohydrate and monopotassium forms of potassium citrate. Sodium citrate also includes both trisodium citrate and monosodium citrate which are also known as citric acid trisodium salt and citric acid monosodium salt, respectively. The scope does not include calcium citrate that satisfies the standards set forth in the United States Pharmacopeia and has been mixed with a functional excipient, such as dextrose or starch, where the excipient constitutes at least 2 percent, by weight, of the product. Citric acid and sodium citrate are classifiable under 2918.14.0000 and 2918.15.1000 of the Harmonized Tariff Schedule of the United States (HTSUS), respectively. Potassium citrate and crude calcium citrate are classifiable under 2918.15.5000 and, if included in a mixture or blend, 3824.99.9295 of the HTSUS. Blends that include citric acid, sodium citrate, and potassium citrate are classifiable under 3824.99.9295 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. sradovich on DSK3GMQ082PROD with NOTICES Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope Comments VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 VI. Scope of the Investigation VII. Discussion of the Methodology A. Determination of Comparison Method B. Results of the Differential Pricing Analysis VIII. Date of Sale IX. Product Comparisons X. Export Price And Constructed Export Price A. Export Price XI. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production Analysis D. Calculation of NV Based On Comparison-Market Prices XII. Currency Conversion XIII. Verification XIV. Recommendation [FR Doc. 2018–00133 Filed 1–5–18; 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; 2016–2017 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty order on magnesium metal from the People’s Republic of China (China), covering the period April 1, 2016, through March 31, 2017. Commerce 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. DATES: Applicable January 8, 2018. FOR FURTHER INFORMATION CONTACT: James Terpstra, 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. AGENCY: Background On April 3, 2017, Commerce published a notice of opportunity to request an administrative review of the antidumping duty order on magnesium metal from China for the POR.1 On June 7, 2017, in response to a timely request 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 82 FR 16163 (April 3, 2017). PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 789 from the 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 China with respect to TMI and TMM.3 Scope of the Order The product covered by this antidumping duty order is magnesium metal from China, 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 China (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 2 See letter from US Magnesium LLC (the petitioner), ‘‘Magnesium Metal from the People’s Republic of China: Request for Administrative Review,’’ dated April 28, 2017. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 26444 (June 7, 2017). 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 E:\FR\FM\08JAN1.SGM Continued 08JAN1 790 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices 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. sradovich on DSK3GMQ082PROD with NOTICES Preliminary Determination of No Shipments We received timely submissions from TMI and TMM certifying that they did not have sales, shipments, or exports of subject merchandise to the United States during the POR.7 On June 29, 2017, 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.8 This query returned no entries during 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. 7 See letter from TMI, ‘‘Magnesium Metal from the People’s Republic of China; A–570–896; Certification of No Sales by Tianjin Magnesium International, Ltd.,’’ dated July 3, 2017, at 1. See letter from TMM, ‘‘Magnesium Metal from the People’s Republic of China; A–570–896; Certification of No Sales by Tianjin Magnesium Metal, Co., Ltd.,’’ dated July 5, 2017, at 1. 8 See memorandum to the File, ‘‘U.S. Customs and Border Protection Data,’’ dated October 12, 2017 (CBP Memo), at Attachment 1. VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 the POR.9 Additionally, in order to examine TMM’s and TMI’s claim, we sent an inquiry to CBP requesting that any CBP officer alert Commerce if he/ she had information contrary to these no-shipments claims.10 We received no notification from CBP of any entries of subject merchandise concerning these companies. 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 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 Commerce’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, 9 Id. at Attachment 2. CBP message 7237305, dated 08/25/2017, provided at Attachment 3 to the CBP Memo. 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. 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). 10 See PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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, Commerce 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 Commerce’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 China-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 Chinese and non-Chinese 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 Chinese 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 16 See 19 CFR 351.212(b)(1). a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 17 For E:\FR\FM\08JAN1.SGM 08JAN1 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices separate from China-wide entity), the cash deposit rate will be China-wide rate of 141.49 percent; and (4) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to Chinese exporter(s) that supplied that nonChinese 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 27, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018–00113 Filed 1–5–18; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–3692. SUPPLEMENTARY INFORMATION: Background This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). Commerce published the notice of initiation of this investigation on June 30, 2017.1 On November 1, 2017, Commerce postponed the preliminary determination of this investigation until December 29, 2017.2 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.3 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via 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 is available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/ frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. [A–301–803] Scope of the Investigation Citric Acid and Certain Citrate Salts From Colombia: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Preliminary Negative Critical Circumstances Determination Postponement of Final Determination, and Extension of Provisional Measures The products covered by this investigation are citric acid and certain citrate salts (citric acid) from Colombia. For a complete description of the scope of this investigation, see Appendix I. Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) preliminarily determines that citric acid and certain citrate salts (citric acid) from Colombia are being, or are likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is April 1, 2016, through March 31, 2017. DATES: Applicable: January 8, 2018. FOR FURTHER INFORMATION CONTACT: Stephanie Moore, AD/CVD Operations, sradovich on DSK3GMQ082PROD with NOTICES AGENCY: VerDate Sep<11>2014 16:29 Jan 05, 2018 Jkt 244001 1 See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Initiation of Less-Than-Fair-Value Investigations, 82 FR 29828 (June 30, 2017) (Initiation Notice) and accompanying Initiation Checklist. 2 See Citric Acid and Certain Citrate Salts from Belgium, Colombia, and Thailand: Postponement of Preliminary Determinations of Less-Than-FairValue Investigations, 82 FR 50622 (November 1, 2017) (Preliminary Postponement Notice). 3 See Memorandum, ‘‘Decision Memorandum for the Preliminary Affirmative Antidumping Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Postponement of Final Determination and Extension of Provisional Measures in the Less-Than-Fair-Value Investigation of Citric Acid and Certain Citrate Salts from Colombia’’ dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 791 Scope Comments In accordance with the preamble to Commerce’s regulations,4 the Initiation Notice set aside a period for parties to raise issues regarding product coverage (i.e., scope).5 Certain interested parties commented on the scope of the investigation as it appeared in the Initiation Notice. For a summary of the product coverage comments and rebuttal responses submitted to the record for this preliminary determination, and accompanying discussion and analysis of all comments timely received, see the Preliminary Scope Decision Memorandum.6 Commerce did not preliminarily modify the scope language as it appeared in the Initiation Notice. Methodology Commerce is conducting this investigation in accordance with section 731 of the Act. Export prices are calculated in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum. Preliminary Negative Determination of Critical Circumstances In accordance with section 733(e) of the Act and 19 CFR 351.206, Commerce preliminary determines that critical circumstances do not exist for the mandatory respondent, Sucroal S.A. (Sucroal), or for exporters and producers not individually examined (i.e., ‘‘allothers’’). For a full description of the methodology and results of Commerce’s critical circumstances analysis, see the Preliminary Decision Memorandum. All-Others Rate Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers 4 See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997) (Preamble). 5 See Initiation Notice, 82 FR at 29836. 6 See Memorandum from Erin Begnal, Director, Office III, to Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance, titled ‘‘Scope Comments Decision Memorandum for the Preliminary Determinations,’’ dated December 1, 2017 (Preliminary Scope Comments Decision Memorandum). E:\FR\FM\08JAN1.SGM 08JAN1

Agencies

[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 789-791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00113]


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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty order on magnesium metal 
from the People's Republic of China (China), covering the period April 
1, 2016, through March 31, 2017. Commerce 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.

DATES: Applicable January 8, 2018.

FOR FURTHER INFORMATION CONTACT: James Terpstra, 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.

Background

    On April 3, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
magnesium metal from China for the POR.\1\ On June 7, 2017, in response 
to a timely request from the 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 China 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, 82 FR 16163 (April 3, 2017).
    \2\ See letter from US Magnesium LLC (the petitioner), 
``Magnesium Metal from the People's Republic of China: Request for 
Administrative Review,'' dated April 28, 2017.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 26444 (June 7, 2017).
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Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from China, 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 China (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

[[Page 790]]

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 TMI and TMM certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\7\ On June 29, 2017, 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.\8\ This query returned no entries during 
the POR.\9\ Additionally, in order to examine TMM's and TMI's claim, we 
sent an inquiry to CBP requesting that any CBP officer alert Commerce 
if he/she had information contrary to these no-shipments claims.\10\ We 
received no notification from CBP of any entries of subject merchandise 
concerning these companies.
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    \7\ See letter from TMI, ``Magnesium Metal from the People's 
Republic of China; A-570-896; Certification of No Sales by Tianjin 
Magnesium International, Ltd.,'' dated July 3, 2017, at 1. See 
letter from TMM, ``Magnesium Metal from the People's Republic of 
China; A-570-896; Certification of No Sales by Tianjin Magnesium 
Metal, Co., Ltd.,'' dated July 5, 2017, at 1.
    \8\ See memorandum to the File, ``U.S. Customs and Border 
Protection Data,'' dated October 12, 2017 (CBP Memo), at Attachment 
1.
    \9\ Id. at Attachment 2.
    \10\ See CBP message 7237305, dated 08/25/2017, provided at 
Attachment 3 to the CBP Memo.
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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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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 
Commerce'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, Commerce 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 Commerce'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 China-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 Chinese and non-Chinese 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 Chinese 
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

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separate from China-wide entity), the cash deposit rate will be China-
wide rate of 141.49 percent; and (4) for all non-Chinese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese 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 27, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-00113 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P