Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2017-2018, 34341-34343 [2019-15188]
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
(2) a brief summary of the argument;
and (3) a table of authorities.16
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, filed
electronically using ACCESS. An
electronically filed document must be
received successfully in its entirety by
ACCESS by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.17 Hearing
requests should contain: (1) The party’s
name, address, and telephone number;
(2) the number of participants; and (3)
a list of issues to be discussed. Issues
raised in the hearing will be limited to
those raised in the respective case
briefs.
Unless the deadline is extended,
Commerce intends to issue the final
results of this review, including the
results of its analysis of issues raised by
parties in their comments, within 120
days after the publication of these
preliminary results, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuing the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review.18 If a respondent’s weightedaverage dumping margin is above de
minimis (i.e., 0.50 percent) in the final
results of this review, we will calculate
an importer-specific assessment rate on
the basis of the ratio of the total amount
of dumping calculated for each
importer’s examined sales and, where
possible, the total entered value of sales.
Specifically, Commerce will apply the
assessment rate calculation method
adopted in Final Modification for
Reviews.19 Where an importer- (or
customer-) specific ad valorem rate is
zero or de minimis, we will instruct CBP
to liquidate appropriate entries without
regard to antidumping duties.20
For entries that were not reported in
the U.S. sales databases submitted by
exporters individually examined during
this review, Commerce will instruct
CBP to liquidate such entries at the
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16 See
19 CFR 351.309(c)(2) and (d)(2); and 19
CFR 351.303 (for general filing requirements).
17 See 19 CFR 351.310(c).
18 See 19 CFR 351.212(b)(1).
19 See Antidumping Proceeding: Calculation of
the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Duty
Proceedings; Final Modification, 77 FR 8103
(February 14, 2012) (Final Modification for
Reviews).
20 See 19 CFR 351.106(c)(2).
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China-wide rate. If Commerce
determines that an exporter under
review had no shipments of the subject
merchandise, any suspended entries
that entered under that exporter’s case
number (i.e., at that exporter’s rate) will
be liquidated at the China-wide rate.21
We intend to issue assessment
instructions to CBP 15 days after the
date of publication of the final results of
this review.
Cash Deposit Requirements
On June 7, 2019, as a result of the
five-year (sunset) review, Commerce
revoked the antidumping duty order on
imports of freshwater crawfish tail meat
from China.22 In the Revocation Notice,
Commerce stated that it intends to issue
instructions to CBP to terminate the
suspension of liquidation and to
discontinue the collection of cash
deposits on entries of subject
merchandise, entered or withdrawn
from warehouse, on or after May 16,
2019.23 Furthermore, because the
antidumping duty order on freshwater
crawfish tail meat from China has been
revoked as a result of the Revocation
Notice, Commerce will not issue cash
deposit instructions at the conclusion of
this administrative review.
34341
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
Commerce is issuing and publishing
the preliminary results of this review in
accordance with sections 751(a)(1),
751(a)(3), and 777(i) of the Act, and 19
CFR 351.213 and 351.221(b)(4).
Dated: July 11, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2019–15191 Filed 7–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Notification to Importers
[A–570–832]
This notice 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 POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent assessment of double
antidumping duties.
Pure Magnesium From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review; 2017–2018
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials or
conversion to judicial protective order is
21 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694, 65695 (October 24, 2011).
22 See Freshwater Crawfish Tail Meat from the
People’s Republic of China: Final Results of Sunset
Review and Revocation of Antidumping Duty Order,
84 FR 26647 (June 7, 2019) (Revocation Notice).
23 See Revocation Notice.
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Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
AGENCY:
The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International, Co.,
Ltd. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (collectively,
TMI/TMM) had no shipments of subject
merchandise covered by the
antidumping duty order on pure
magnesium from the People’s Republic
of China (China) for the period of review
(POR) May 1, 2017 through April 31,
2018.
SUMMARY:
DATES:
Applicable July 18, 2019.
Kyle
Clahane or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5449 or (202) 482–5848,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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34342
Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
Background
On March 13, 2019, Commerce
published the Preliminary Results.1 We
invited interested parties to comment on
the Preliminary Results, but no
comments were received. Accordingly,
we made no changes to the Preliminary
Results.
Commerce conducted this review in
accordance with section 751(a)(1)(B) of
the Tariff Act of 1930, as amended (the
Act).
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019. Accordingly, the revised deadline
for the issuance of these final results is
now July 12, 2019.2
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Scope of the Order
The product covered by this
antidumping duty order is pure
magnesium from China, regardless of
chemistry, form or size, unless expressly
excluded from the scope of the order.
Pure magnesium is a metal or alloy
containing by weight primarily the
element magnesium and produced by
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium); Magnesium Alloy’’ 3 and
are thus outside the scope of the
existing antidumping orders on
magnesium from China (generally
referred to as ‘‘alloy’’ magnesium).
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
1 See Pure Magnesium from the People’s Republic
of China: Preliminary Results of Antidumping Duty
Administrative Review; 2017–2018, 84 FR 9091
(March 13, 2019) (Preliminary Results).
2 See memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
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 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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(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off-pecification pure’’ magnesium).
‘‘Off-specification pure’’ magnesium
is pure primary magnesium containing
magnesium scrap, secondary
magnesium, oxidized magnesium or
impurities (whether or not intentionally
added) that cause the primary
magnesium content to fall below 99.8%
by weight. It generally does not contain,
individually or in combination, 1.5% or
more, by weight, of the following
alloying elements: Aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
Excluded from the scope of the order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the order are currently classifiable
under Harmonized Tariff Schedule of
the United States (HTSUS) subheadings
8104.11.00, 8104.19.00, 8104.20.00,
8104.30.00, 8104.90.00, 3824.90.11,
3824.90.19 and 9817.00.90. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope is
dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce
determined that TMI/TMM 4 had no
shipments of the subject merchandise,
and, therefore, no reviewable
transactions, during the POR.5 As we
have not received any information to
contradict our preliminary finding, we
determine that TMI/TMM did not have
any shipments of subject merchandise
during the POR and intend to issue
4 In the 2011–2012 administrative review of the
order, Commerce determined TMM and TMI to be
collapsed and treated as a single entity for purposes
of that proceeding. See Pure Magnesium from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 94 (January 2, 2014) and accompanying
Issues and Decision Memorandum at Comment 5.
Because there have been no changes to the facts
supporting the original collapsing determination,
which remains unchallenged in this review, we
continue to find that these companies are part of a
single entity for the purposes of this administrative
review.
5 See Preliminary Results, 84 FR at 9092.
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appropriate instructions that are
consistent with our automatic
assessment clarification for these final
results.6
Assessment Rates
Commerce determined, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with section
751(a)(2)(C) of the Act and 19 CFR
351.212(b). Commerce intends to issue
assessment instructions to CBP 15 days
after the date of publication of the final
results of this review.
Additionally, consistent with
Commerce’s refinement to its
assessment practice in non-market
economy cases, for TMI/TMM, exporters
under review, which we determined
had no shipments of the subject
merchandise during the POR, any
suspended entries of subject
merchandise from TMI/TMM will be
liquidated at the China-wide rate.7
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of these final results of
administrative review for shipments of
subject merchandise from China
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) For TMI/
TMM, which claimed no shipments, the
cash deposit rate will remain unchanged
from the rate assigned to TMI/TMM in
the most recently completed review of
the company; (2) for previously
investigated or reviewed 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, the cash
deposit rate will be the China-wide rate
of 111.73 percent; 8 and (4) for all nonChinese exporters of subject
merchandise which have not received
their own rate, the cash deposit rate will
be the rate applicable to the Chinese
exporter(s) that supplied that non-PRC
6 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011) (Assessment Notice);
see also ‘‘Assessment Rates’’ section below.
7 For a full discussion of this practice, see
Assessment Notice.
8 See Pure Magnesium from the People’s Republic
of China: Final Results of the 2008–2009
Antidumping Duty Administrative Review of the
Antidumping Duty Order, 75 FR 80791 (December
23, 2010).
E:\FR\FM\18JYN1.SGM
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Federal Register / Vol. 84, No. 138 / Thursday, July 18, 2019 / Notices
exporter. These deposit requirements,
when imposed, shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final 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 POR. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of double antidumping duties.
Administrative Protective Order
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return or
destruction of APO materials, or
conversion to judicial protective order,
is hereby requested. Failure to comply
with the regulations and terms of an
APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing these
final results and this notice in
accordance with sections 751(a)(1) and
777(i) of the Act.
Dated: July 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2019–15188 Filed 7–17–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–523–810]
Polyethylene Terephthalate Resin
From the Sultanate of Oman:
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 OCTAL SAOC–FZC (OCTAL) did
not make sales of subject merchandise at
less than normal value during the
period of review (POR) May 1, 2017
through April 30, 2018. Interested
parties are invited to comment on these
preliminary results of review.
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AGENCY:
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17:56 Jul 17, 2019
Jkt 247001
DATES:
Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT:
Jonathan Hill, AD/CVD Operations,
Office IV, Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–3518.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2018, Commerce notified
interested parties of the opportunity to
request an administrative review of the
antidumping duty (AD) order on
polyethylene terephthalate resin (PET
resin) from the Sultanate of Oman
(Oman).1 Commerce received timely
requests from DAK Americas, LLC,
Indorama Ventures USA, Inc., and Nan
Ya Plastics Corporation, America
(collectively, the petitioners), and
OCTAL to conduct an administrative
review of OCTAL during the POR.2 On
July 12, 2018, Commerce published a
notice initiating an AD administrative
review of PET resin from Oman
covering OCTAL for the POR.3 OCTAL
and the petitioners filed numerous
submissions in this review which are
discussed in the accompanying
Preliminary Decision Memorandum.4
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018 through the
resumption of operations on January 29,
2019.5 If the new deadline falls on a
non-business day, in accordance with
Commerce’s practice, the deadline will
become the next business day. Based on
tolling, the revised deadline for the
preliminary results was March 12, 2019.
However, on March 4, 2019, Commerce
extended the deadline for issuing the
preliminary results of this review. The
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 83 FR 19047
(May 1, 2018).
2 See Petitioners’ Request for Review dated May
31, 2018; see also OCTAL’s Request for Review
dated May 31, 2018.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 83 FR
32270 (July 12, 2018).
4 For a full discussion of the background, see
Memorandum, ‘‘Decision Memorandum for
Preliminary Results of the 2017–2018 Antidumping
Duty Administrative Review of Polyethylene
Terephthalate Resin from the Sultanate of Oman,’’
dated concurrently with, and hereby adopted by,
this notice (Preliminary Decision Memorandum).
5 See Memorandum to the Record from 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, ‘‘Deadlines Affected by the Partial
Shutdown of the Federal Government,’’ dated
January 28, 2019. All deadlines in this segment of
the proceeding have been extended by 40 days.
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34343
current deadline for issuing the
preliminary results of review is July 10,
2019.
Scope of the Order
The merchandise covered by this
order is PET resin having an intrinsic
viscosity of at least 0.70, but not more
than 0.88, deciliters per gram. The
merchandise subject to this order is
properly classified under subheadings
3907.60.00.30, 3907.61.0000,
3907.61.0010, 3907.61.0050,
3907.69.0000, 3907.69.0010, and
3907.69.0050 of the Harmonized Tariff
Schedule of the United States
(HTSUS).6 Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the merchandise
covered by this order is dispositive. For
a full description of the scope of the
order, see Preliminary Decision
Memorandum.
Methodology
Commerce is conducting this review
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (the Act).
Export price and constructed export
price have been calculated in
accordance with section 772 of the Act.
Normal value was calculated in
accordance with section 773 of the Act.
For a full description of the
methodology underlying our
conclusions, see the Preliminary
Decision Memorandum. A list of the
topics discussed in the Preliminary
Decision Memorandum is attached as an
appendix 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 Commerce
building. In addition, a complete
version of the Preliminary Decision
Memorandum can be accessed directly
at https://enforcement.trade.gov/frn/.
The signed Preliminary Decision
6 On January 27, 2017, Commerce added HTS
numbers 3907.61.0000 and 3907.69.0000 to the
Case Reference File. See Commerce Memorandum
re: ‘‘Request from Customs and Border Protection to
Update the ACE Case Reference File: Polyethylene
Terephthalate Resin form the Sultanate of Oman
(A–523–810) dated January 31, 2017. Further, on
February 28, 2019, Commerce added HTS numbers
3907.61.0010, 3907.61.0050, 3907.69.0010 and
3907.69.0050 to the Case Reference File. See
Commerce Memorandum re: ‘‘Request from U.S.
Customs and Border Protection to Update the ACE
Case Reference File: Polyethylene Terephthalate
Resin form the Sultanate of Oman (A–523–810)
dated February 28, 2019.
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]]>Agencies
[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34341-34343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15188]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2017-2018
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (collectively, TMI/TMM) had no shipments of
subject merchandise covered by the antidumping duty order on pure
magnesium from the People's Republic of China (China) for the period of
review (POR) May 1, 2017 through April 31, 2018.
DATES: Applicable July 18, 2019.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Brendan Quinn, AD/CVD
Operations, Office III, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-5449 or (202) 482-5848,
respectively.
SUPPLEMENTARY INFORMATION:
[[Page 34342]]
Background
On March 13, 2019, Commerce published the Preliminary Results.\1\
We invited interested parties to comment on the Preliminary Results,
but no comments were received. Accordingly, we made no changes to the
Preliminary Results.
---------------------------------------------------------------------------
\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 9091 (March 13, 2019) (Preliminary Results).
---------------------------------------------------------------------------
Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019. Accordingly, the
revised deadline for the issuance of these final results is now July
12, 2019.\2\
---------------------------------------------------------------------------
\2\ See memorandum to the Record from 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, ``Deadlines
Affected by the Partial Shutdown of the Federal Government,'' dated
January 28, 2019. All deadlines in this segment of the proceeding
have been extended by 40 days.
---------------------------------------------------------------------------
Scope of the Order
The product covered by this antidumping duty order is pure
magnesium from China, regardless of chemistry, form or size, unless
expressly excluded from the scope of the order. Pure magnesium is a
metal or alloy containing by weight primarily the element magnesium and
produced by decomposing raw materials into magnesium metal. Pure
primary magnesium is used primarily as a chemical in the aluminum
alloying, desulfurization, and chemical reduction industries. In
addition, pure magnesium is used as an input in producing magnesium
alloy. Pure magnesium encompasses products (including, but not limited
to, butt ends, stubs, crowns and crystals) with the following primary
magnesium contents:
(1) Products that contain at least 99.95% primary magnesium, by
weight (generally referred to as ``ultra pure'' magnesium); Magnesium
Alloy'' \3\ and are thus outside the scope of the existing antidumping
orders on magnesium from China (generally referred to as ``alloy''
magnesium).
---------------------------------------------------------------------------
\3\ 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.
---------------------------------------------------------------------------
(2) Products that contain less than 99.95% but not less than 99.8%
primary magnesium, by weight (generally referred to as ``pure''
magnesium); and
(3) Products that contain 50% or greater, but less than 99.8%
primary magnesium, by weight, and that do not conform to ASTM
specifications for alloy magnesium (generally referred to as ``off-
pecification pure'' magnesium).
``Off-specification pure'' magnesium is pure primary magnesium
containing magnesium scrap, secondary magnesium, oxidized magnesium or
impurities (whether or not intentionally added) that cause the primary
magnesium content to fall below 99.8% by weight. It generally does not
contain, individually or in combination, 1.5% or more, by weight, of
the following alloying elements: Aluminum, manganese, zinc, silicon,
thorium, zirconium and rare earths.
Excluded from the scope of the order are alloy primary magnesium
(that meets specifications for alloy magnesium), primary magnesium
anodes, granular primary magnesium (including turnings, chips and
powder) having a maximum physical dimension (i.e., length or diameter)
of one inch or less, secondary magnesium (which has pure primary
magnesium content of less than 50% by weight), and remelted magnesium
whose pure primary magnesium content is less than 50% by weight.
Pure magnesium products covered by the order are currently
classifiable under Harmonized Tariff Schedule of the United States
(HTSUS) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00,
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope is dispositive.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that TMI/TMM \4\
had no shipments of the subject merchandise, and, therefore, no
reviewable transactions, during the POR.\5\ As we have not received any
information to contradict our preliminary finding, we determine that
TMI/TMM did not have any shipments of subject merchandise during the
POR and intend to issue appropriate instructions that are consistent
with our automatic assessment clarification for these final results.\6\
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\4\ In the 2011-2012 administrative review of the order,
Commerce determined TMM and TMI to be collapsed and treated as a
single entity for purposes of that proceeding. See Pure Magnesium
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review; 2011-2012, 79 FR 94 (January 2, 2014)
and accompanying Issues and Decision Memorandum at Comment 5.
Because there have been no changes to the facts supporting the
original collapsing determination, which remains unchallenged in
this review, we continue to find that these companies are part of a
single entity for the purposes of this administrative review.
\5\ See Preliminary Results, 84 FR at 9092.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section below.
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Assessment Rates
Commerce determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP 15 days after the date of publication of the final results of this
review.
Additionally, consistent with Commerce's refinement to its
assessment practice in non-market economy cases, for TMI/TMM, exporters
under review, which we determined had no shipments of the subject
merchandise during the POR, any suspended entries of subject
merchandise from TMI/TMM will be liquidated at the China-wide rate.\7\
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\7\ For a full discussion of this practice, see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which
claimed no shipments, the cash deposit rate will remain unchanged from
the rate assigned to TMI/TMM in the most recently completed review of
the company; (2) for previously investigated or reviewed 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, the cash deposit rate
will be the China-wide rate of 111.73 percent; \8\ 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 the
Chinese exporter(s) that supplied that non-PRC
[[Page 34343]]
exporter. These deposit requirements, when imposed, shall remain in
effect until further notice.
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\8\ See Pure Magnesium from the People's Republic of China:
Final Results of the 2008-2009 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 75 FR 80791 (December 23,
2010).
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Notification to Importers
This notice serves as a final 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 POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Administrative Protective Order
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and terms of an APO is a sanctionable
violation.
Notification to Interested Parties
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: July 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-15188 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P
