Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2017-2018, 1048-1050 [2019-00756]

Download as PDF 1048 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Sheleen Dumas, Departmental Lead PRA Officer, Office of the Chief Information Officer, Department of Commerce. [FR Doc. 2019–00783 Filed 1–31–19; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE International Trade Administration North American Free Trade Agreement (NAFTA), Article 1904; Binational Panel Reviews: Notice of Completion of Panel Review United States Section, NAFTA Secretariat, International Trade Administration, Department of Commerce. ACTION: Notice of Completion of Panel Review in the matter of Certain Uncoated Groundwood Paper From Canada: Final Affirmative Countervailing Duty Determination (Secretariat File Number: USA–CDA– 2018–1904–06). AGENCY: The U.S. Section of the NAFTA Secretariat has received motions filed on behalf of the Government of Canada; the U.S. Department of Commerce; North Pacific Paper Company (‘‘NORPAC’’); the Government of Alberta; the Government of British Columbia; the Government of Newfoundland and Labrador; the Government of Ontario; the Government of Quebec; Alberta Newsprint Company; Catalyst Paper Corporation, Catalyst Pulp and Paper Sales Inc. and Catalyst Paper (USA) Inc.; Gannett Supply Corporation; Kruger TroisRivieres L.P., Corner Brook Pulp and Paper Limited, Kruger Publication Papers Inc. and Kruger Brampton L.P.; Resolute FP Canada Inc. and Resolute FP US Inc.; and Rayonier A.M. Canada (successor to Tembec Inc.) requesting the termination of panel review in the matter of Certain Uncoated Groundwood Paper From Canada: Final Affirmative Countervailing Duty Determination (Groundwood Paper CVD) NAFTA dispute. Given all the participants have filed motions requesting termination and pursuant to Rule 71(2) of the NAFTA SUMMARY: VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 Rules of Procedure for Article 1904 Binational Panel Reviews (Rules), the NAFTA Groundwood Paper CVD dispute has been terminated. As a result, and in accordance with Rule 78(a), notice is hereby given that panel review of the NAFTA Groundwood Paper CVD dispute has been completed effective November 30, 2018. FOR FURTHER INFORMATION CONTACT: Paul E. Morris, United States Secretary, NAFTA Secretariat, Room 2061, 1401 Constitution Avenue NW, Washington, DC 20230, (202) 482–5438. SUPPLEMENTARY INFORMATION: Chapter 19 of Article 1904 of NAFTA provides a dispute settlement mechanism involving trade remedy determinations issued by the government of the United States, the government of Canada, and the government of Mexico. There are established Rules, which were adopted by the three governments and require Notices of Completion of Panel Review to be published in accordance with Rule 78. For the complete Rules, please see https://www.nafta-sec-alena.org/Home/ Texts-of-the-Agreement/Rules-ofProcedure/Article-1904. Dated: January 29, 2019. Paul E. Morris, U.S. Secretary, NAFTA Secretariat. [FR Doc. 2019–00775 Filed 1–31–19; 8:45 am] BILLING CODE 3510–GT–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; 2017–2018 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (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 February 1, 2019. FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482–5449. AGENCY: PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 Background On April 3, 2018, 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 6, 2018, 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 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). 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 83 FR 13949 (April 3, 2018). 2 See letter from US Magnesium LLC (the petitioner), ‘‘Magnesium Metal from the People’s Republic of China: Request for Administrative Review,’’ dated April 30, 2018. 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 83 FR 26258 (June 6, 2018). 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. E:\FR\FM\01FEN1.SGM 01FEN1 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices 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. 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 August 13, 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. 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 5, 2018, at 1. See letter from TMM, ‘‘Magnesium Metal from the VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 2018, 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 claims, we sent an inquiry to CBP requesting that any CBP officer alert Commerce if he/she had information contrary to these noshipments claims.9 On August 16, 2018, we received notification from CBP of no information contrary to the no shipment claims.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 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 People’s Republic of China; A–570–896; Certification of No Sales by Tianjin Magnesium Metal, Co., Ltd.,’’ dated July 5, 2018, at 1. 8 See memorandum, ‘‘2017–2018 Administrative Review of Magnesium Metal from the People’s Republic of China, U.S. Customs and Border Protection Data’’ dated August 24, 2018, at Attachment 1. 9 Id. at Attachment 2. 10 Id. at Attachment 3. 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). PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 1049 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, 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 the 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) 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\01FEN1.SGM 01FEN1 1050 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Notices 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 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 21, 2018. James Maeder, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations performing the duties of Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2019–00756 Filed 1–31–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14–5A004] Export Trade Certificate of Review Notice of Application for an Amended Export Trade Certificate of Review by DFA of California (‘‘DFA’’), Application No. 14–5A004. ACTION: The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended SUMMARY: VerDate Sep<11>2014 21:23 Jan 31, 2019 Jkt 247001 Export Trade Certificate of Review (Certificate) from DFA. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued. FOR FURTHER INFORMATION CONTACT: Joseph Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482–5131 (this is not a toll-free number) or email at etca@trade.gov. SUPPLEMENTARY INFORMATION: Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001–21) (‘‘the Act’’) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. The regulations implementing Title III are found at 15 CFR part 325 (2018) (the ‘‘Regulations’’). OTEA is issuing this notice pursuant to 15 CFR 325.6(a), which requires the Secretary of Commerce to publish a summary of the application in the Federal Register, identifying the applicant and each member and summarizing proposed export conduct. Request for Public Comments Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential. An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230. Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as ‘‘Export PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Trade Certificate of Review, application number 14–5A004.’’ Summary of the Application Applicant: DFA of California. Contact: Matthew Krehe, (916) 646– 6464. Application No.: 14–5A004. Date Deemed Submitted: December 18, 2018. Proposed Amendment: DFA seeks to amend its Certificate as follows: 1. Add the following new Members of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): • The DeRousi Group LLC—DBA DeRousi Nut • Santa Clara Nut Company DFA’s proposed amendment of its Export Trade Certificate of Review results in the following Membership list: 1. Alpine Pacific Nut Company, Hughson, CA 2. Andersen & Sons Shelling, Vina, CA 3. Avanti Nut Company, Inc., Stockton, CA 4. Berberian Nut Company, LLC, Chico, CA 5. Carriere Family Farms, Inc., Glenn, CA 6. California Almond Packers and Exporters, Inc. (CAPEX), Corning CA 7. California Walnut Company, Inc., Los Molinos, CA 8. Chico Nut Company, Chico, CA 9. Continente Nut LLC, Oakley, CA 10. C. R. Crain & Sons, Inc., Los Molinos, CA 11. Crain Walnut Shelling, Inc., Los Molinos, CA 12. Diamond Foods, LLC, Stockton, CA 13. Empire Nut Company, Colusa, CA 14. Fig Garden Packing, Inc., Fresno, CA 15. Gold River Orchards, Inc., Escalon, CA 16. Grower Direct Nut Company, Hughson, CA 17. Guerra Nut Shelling Company, Hollister, CA 18. Hill View Packing Company Inc., Gustine, CA 19. John B. SanFilippo & Son, Inc. 20. Mariani Nut Company, Winters, CA 21. Mariani Packing Company, Inc., Vacaville, CA 22. Mid Valley Nut Company Inc., Hughson, CA 23. Morada Nut Company, LP, Stockton, CA 24. National Raisin Company, Fowler, CA 25. O–G Nut Company, Stockton, CA 26. Omega Walnut, Inc., Orland, CA 27. Pearl Crop, Inc., Stockton, CA 28. Poindexter Nut Company, Selma, CA E:\FR\FM\01FEN1.SGM 01FEN1

Agencies

[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Notices]
[Pages 1048-1050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00756]


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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; 2017-2018

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

SUMMARY: The Department of Commerce (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 February 1, 2019.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.

Background

    On April 3, 2018, 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 6, 2018, 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, 83 FR 13949 (April 3, 2018).
    \2\ See letter from US Magnesium LLC (the petitioner), 
``Magnesium Metal from the People's Republic of China: Request for 
Administrative Review,'' dated April 30, 2018.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 83 FR 26258 (June 6, 2018).
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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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[[Page 1049]]

    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 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 August 13, 2018, 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 
claims, we sent an inquiry to CBP requesting that any CBP officer alert 
Commerce if he/she had information contrary to these no-shipments 
claims.\9\ On August 16, 2018, we received notification from CBP of no 
information contrary to the no shipment claims.\10\
---------------------------------------------------------------------------

    \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 5, 2018, 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, 2018, at 1.
    \8\ See memorandum, ``2017-2018 Administrative Review of 
Magnesium Metal from the People's Republic of China, U.S. Customs 
and Border Protection Data'' dated August 24, 2018, at Attachment 1.
    \9\ Id. at Attachment 2.
    \10\ Id. at Attachment 3.
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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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    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 the 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)

[[Page 1050]]

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 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 21, 2018.
James Maeder,
Associate Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations performing the duties of Deputy Assistant Secretary for 
Antidumping and Countervailing Duty Operations.
[FR Doc. 2019-00756 Filed 1-31-19; 8:45 am]
BILLING CODE 3510-DS-P