Magnesium From Israel: Postponement of Preliminary Determination in the Less-Than-Fair-Value Investigation, 16845-16846 [2019-08134]

Download as PDF Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, Commerce shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.11 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review. Where assessments are based upon total facts available, including AFA, we will instruct CBP to assess duties at the AFA margin rate. Pursuant to 19 CFR 351.212(b)(1), because Magnum reported the entered value for all of its U.S. sales, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent’s weightedaverage dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties. For the companies which were not selected for individual review, we will assign an assessment rate based on the average 12 of the cash deposit rates calculated for the companies selected for mandatory review (i.e., the Elque Group and Magnum), excluding any which are de minimis or determined entirely on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.13 We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review. jbell on DSK3GLQ082PROD with NOTICES Cash Deposit Requirements The following deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for each specific company listed above will be that established in the final results of this review, except if the rate is less than 11 See 19 CFR 351.212(b)(1). rate will be calculated as discussed in the ‘‘Preliminary Results of the Review’’ section, above. 13 See section 751(a)(2)(C) of the Act. 12 This VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 16845 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 10.17 percent, the all-others rate made effective by the LTFV investigation.14 These deposit requirements, when imposed, shall remain in effect until further notice. D. Selection and Corroboration of Adverse Facts Available Rate 6. Discussion of the Methodology Normal Value Comparisons A. Determination of Comparison Method B. Results of Differential Pricing Analysis Magnum Product Comparisons Export Price Normal Value A. Home Market Viability and Comparison Market B. Level of Trade C. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of Normal Value Based on Comparison Market Prices E. Calculation of Normal Value Based on Constructed Value Currency Conversion Recommendation Notification to Importers DEPARTMENT OF COMMERCE This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) 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. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act. [FR Doc. 2019–08270 Filed 4–22–19; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–508–812] Magnesium From Israel: Postponement of Preliminary Determination in the Less-Than-FairValue Investigation Dated: April 9, 2019. 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. Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Applicable April 23, 2019. FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482–3683, or Minoo Hatten at (202) 482–1690, AD/ CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Appendix Background List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Affiliation and Collapsing A. Legal Framework B. Affiliation and Single Entity Analysis 5. Application of Facts Available and Use of Adverse Inference A. Legal Framework B. Use of Facts Otherwise Available C. Application of Facts Available With an Adverse Inference On November 13, 2018, the Department of Commerce (Commerce) initiated the less-than-fair-value (LTFV) investigation of imports of magnesium from Israel.1 Commerce exercised its discretion to toll all deadlines affected by the closure of the Federal Government from December 22, 2018, through January 28, 2019.2 Accordingly, the revised deadline for the preliminary 14 See Notice of Amended Final Determination of Sale at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from India, 70 FR 5147 (February 1, 2005). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 AGENCY: 1 See Magnesium From Israel: Initiation of LessThan-Fair-Value Investigation, 83 FR 58533 (November 20, 2018) (Initiation Notice). 2 See Memorandum, ‘‘Deadlines Affected by the Shutdown of the Federal Government,’’ dated January 28, 2019. All deadlines in this segment of the proceeding have been extended by 40 days. E:\FR\FM\23APN1.SGM 23APN1 16846 Federal Register / Vol. 84, No. 78 / Tuesday, April 23, 2019 / Notices determination in this investigation is May 13, 2019.3 jbell on DSK3GLQ082PROD with NOTICES Postponement of Preliminary Determination Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires Commerce to issue the preliminary determination in an LTFV investigation within 140 days after the date on which Commerce initiated the investigation. However, section 733(c)(1) of the Act permits Commerce to postpone the preliminary determination until no later than 190 days after the date on which Commerce initiated the investigation if: (A) The petitioner 4 makes a timely request for a postponement; or (B) Commerce concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. Commerce will grant the request unless it finds compelling reasons to deny the request. On April 9, 2019, the petitioner submitted a timely request that Commerce postpone the preliminary determination in this LTFV investigation.5 The petitioner stated that it requests postponement of the preliminary determination of this investigation because the initial questionnaire responses submitted by Dead Sea Magnesium, Ltd. are substantially deficient and it may not be possible for Commerce to obtain usable corrected responses within the current schedule.6 Because there are no compelling reasons to deny the request, Commerce, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination by 50 days (i.e., 190 days after the date on which this investigation was initiated plus 40 days for tolling). As a result, 3 The deadline for the preliminary determination is normally 140 days after we initiate an investigation. After tolling, this date is May 12, 2019, which is a Sunday. Commerce practice dictates that where a deadline falls on a weekend or Federal holiday, the appropriate deadline is the next business day (in this instance, May 13, 2019). See Notice of Clarification: Application of ‘‘Next Business Day’’ Rule for Administrative Determination Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 2005). 4 The petitioner is US Magnesium LLC. 5 See Letter from the petitioner, ‘‘Re: Magnesium from Israel: Petitioner’s Request For Postponement Of The Preliminary Determination,’’ dated April 9, 2019 (Request for Postponement). 6 See Request for Postponement. VerDate Sep<11>2014 17:49 Apr 22, 2019 Jkt 247001 Commerce will issue its preliminary determination no later than July 1, 2019. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determination of this investigation will continue to be 75 days after the date of publication of the preliminary determination, unless postponed at a later date. This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1). Dated: April 17, 2019. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2019–08134 Filed 4–22–19; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XG982 Workshop on Atlantic Bluefin Tuna Management Strategy Evaluation National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of workshop. AGENCY: The University of Massachusetts Dartmouth, School for Marine Science and Technology and the Gulf of Maine Research Institute are hosting a workshop on ‘‘Stakeholder Engagement in Management Strategy Evaluation of Atlantic Bluefin Tuna Fisheries.’’ This educational workshop is supported with NMFS funding through the Bluefin Tuna Research Program and is open to the public. DATES: A workshop will be held on April 29, 2019, from 10 a.m. to 5 p.m. EDT and April 30, 2019, from 9 a.m. to 12 p.m. EST. ADDRESSES: The workshop will take place at University of Massachusetts Dartmouth, School for Marine Science and Technology, 836 South Rodney French Boulevard, New Bedford, MA, Rooms 101–103. FOR FURTHER INFORMATION CONTACT: Dr. Steven Cadrin, scadrin@umassd.edu or (508) 910–6358. SUPPLEMENTARY INFORMATION: Management strategy evaluation (MSE) is a process that allows fishery managers and stakeholders (e.g., industry, scientists, and non-governmental organizations) to assess how well different management strategies, achieve specified objectives for a fishery. The International Commission for the SUMMARY: PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 Conservation of Atlantic Tunas (ICCAT) has been engaged in developing an MSE for bluefin tuna. The United States participates in this MSE development and has been considering stakeholder input throughout that development through established procedures, including consultation with the ICCAT Advisory Committee and coordination with NMFS’s Highly Migratory Species (HMS) Division and the HMS Advisory Panel. The United States also participates in the development of the MSE through U.S. scientists’ participation in development of the MSE framework through ICCAT’s Standing Committee on Research and Statistics (SCRS). This educational workshop is intended to explain to a broader stakeholder audience the concept of MSE as a tool for fisheries management, describe the MSE approach being developed by ICCAT, and present preliminary demonstrations as an illustration of MSE for Atlantic bluefin tuna. One goal is to solicit feedback from U.S. fishery stakeholders on how scientists represent the Atlantic bluefin resource and fisheries in models, fishery management objectives, management performance indicators, and candidate management procedures. The workshop will primarily be informational and educational, and there will be no binding decisions or formal consensusbased recommendations. While discussions at the workshop will help to inform U.S. scientists who are participating in work of ICCAT’s SCRS, recommendations directly affecting the United States’ position development and input to the MSE will continue to occur through established procedures. This workshop is intended to complement, not replace, existing opportunities for U.S. stakeholder input. Limited funding is available to support travel to this workshop for Atlantic bluefin tuna stakeholders. For more information, contact Dr. Steven Cadrin. Dated: April 17, 2019. Paul Doremus, Acting Director, Office of International Affairs and Seafood Inspection, National Marine Fisheries Service. [FR Doc. 2019–08098 Filed 4–22–19; 8:45 am] BILLING CODE 3510–22–P COMMODITY FUTURES TRADING COMMISSION Sunshine Act Meetings FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 84 FR 16006, April 17, 2019. E:\FR\FM\23APN1.SGM 23APN1

Agencies

[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16845-16846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-508-812]


Magnesium From Israel: Postponement of Preliminary Determination 
in the Less-Than-Fair-Value Investigation

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

DATES: Applicable April 23, 2019.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683, or 
Minoo Hatten at (202) 482-1690, AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On November 13, 2018, the Department of Commerce (Commerce) 
initiated the less-than-fair-value (LTFV) investigation of imports of 
magnesium from Israel.\1\ Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
December 22, 2018, through January 28, 2019.\2\ Accordingly, the 
revised deadline for the preliminary

[[Page 16846]]

determination in this investigation is May 13, 2019.\3\
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    \1\ See Magnesium From Israel: Initiation of Less-Than-Fair-
Value Investigation, 83 FR 58533 (November 20, 2018) (Initiation 
Notice).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 28, 2019. All deadlines in this 
segment of the proceeding have been extended by 40 days.
    \3\ The deadline for the preliminary determination is normally 
140 days after we initiate an investigation. After tolling, this 
date is May 12, 2019, which is a Sunday. Commerce practice dictates 
that where a deadline falls on a weekend or Federal holiday, the 
appropriate deadline is the next business day (in this instance, May 
13, 2019). See Notice of Clarification: Application of ``Next 
Business Day'' Rule for Administrative Determination Deadlines 
Pursuant to the Tariff Act of 1930, As Amended, 70 FR 24533 (May 10, 
2005).
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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner \4\ makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
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    \4\ The petitioner is US Magnesium LLC.
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    On April 9, 2019, the petitioner submitted a timely request that 
Commerce postpone the preliminary determination in this LTFV 
investigation.\5\ The petitioner stated that it requests postponement 
of the preliminary determination of this investigation because the 
initial questionnaire responses submitted by Dead Sea Magnesium, Ltd. 
are substantially deficient and it may not be possible for Commerce to 
obtain usable corrected responses within the current schedule.\6\
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    \5\ See Letter from the petitioner, ``Re: Magnesium from Israel: 
Petitioner's Request For Postponement Of The Preliminary 
Determination,'' dated April 9, 2019 (Request for Postponement).
    \6\ See Request for Postponement.
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    Because there are no compelling reasons to deny the request, 
Commerce, in accordance with section 733(c)(1)(A) of the Act, is 
postponing the deadline for the preliminary determination by 50 days 
(i.e., 190 days after the date on which this investigation was 
initiated plus 40 days for tolling). As a result, Commerce will issue 
its preliminary determination no later than July 1, 2019. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of publication of the preliminary 
determination, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: April 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-08134 Filed 4-22-19; 8:45 am]
 BILLING CODE 3510-DS-P