Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2018-2019, 6509-6511 [2020-02257]
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Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices
Background
Assessment
DEPARTMENT OF COMMERCE
On September 3, 2019, Commerce
published a notice of opportunity to
request an administrative review of the
antidumping duty order on certain coldrolled steel flat products (cold-rolled
steel) from Brazil for the POR of
September 1, 2018 through August 31,
2019.1 United States Steel Corporation
(U.S. Steel) timely filed requests for
administrative review of Aperam Inox
America do Sul S.A. (Aperam Inox);
Armco do Brasil S.A. (Armco); Arvedi
Metalfer do Brasil (Arvedi Metalfer);
Companhia Siderurgica Nacional (CSN);
NVent do Brasil Eletrometalurgica
(NVent); Signode Brasileira Ltda.
(Signode Brasileira); and Usinas
Siderurgicas de Minas Gerais
(Usiminas), in accordance with section
751(a) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR
351.213(b).2
On November 12, 2019, pursuant to
these requests and in accordance with
19 CFR 351.221(c)(1)(i), Commerce
published a notice initiating an
administrative review of the
antidumping order on cold-rolled steel
from Brazil with respect to Aperam
Inox, Armco, Arvedi Metalfer, CSN,
NVent, Signode Brasileira, and
Usiminas.3 On January 8, 2020, U.S.
Steel withdrew its request for an
administrative review with respect to all
of the companies for which it had
requested a review.4
Commerce will instruct U.S. Customs
and Border Protection (CBP) to assess
antidumping duties on all appropriate
entries of cold-rolled steel from Brazil.
Antidumping duties shall be assessed at
rates equal to the cash deposit of
estimated antidumping duties required
at the time of entry, or withdrawal from
warehouse, for consumption in
accordance with 19 CFR
351.212(c)(1)(i). Commerce intends to
issue appropriate assessment
instructions to CBP 15 days after the
date of publication of this notice in the
Federal Register.
International Trade Administration
Rescission of Review
Pursuant to 19 CFR 351.213(d)(1),
Commerce will rescind an
administrative review, in whole or in
part, if the party or parties that
requested a review withdraws the
request within 90 days of the
publication date of the notice of
initiation of the requested review. U.S.
Steel withdrew its request within 90
days of the publication date of the
notice of initiation. No other parties
requested an administrative review of
the order. Therefore, in accordance with
19 CFR 351.213(d)(1), we are rescinding
this review in its entirety.
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6509
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 45949
(September 3, 2019).
2 See U.S. Steel’s letter, ‘‘Cold-Rolled Steel Flat
Products from Brazil: Request for Administrative
Review of Antidumping Duty Order,’’ dated
September 30, 2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
61011 (November 12, 2019).
4 See U.S. Steel’s letter, ‘‘Cold-Rolled Steel Flat
Products from Brazil: Withdrawal of Request for
Administrative Review of Antidumping Duty
Order,’’ dated January 8, 2020.
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Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.42(f)(2) to file a certificate
regarding the reimbursement of AD
duties prior to liquidation of the
relevant entries during this review
period. Failure to comply with this
requirement could result in Commerce’s
presumption that reimbursement of AD
duties occurred and the subsequent
assessment of doubled AD duties.
Notification Regarding Administrative
Protective Orders
This notice also serves as a reminder
to all 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. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
This notice is issued and published in
accordance with sections 751(a)(1) and
777(i)(1) of the Act, and 19 CFR
351.213(d)(4).
Dated: January 30, 2020.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2020–02260 Filed 2–4–20; 8:45 am]
BILLING CODE 3510–DS–P
PO 00000
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Preliminary Results
of Antidumping Duty Administrative
Review; 2018–2019
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 pure
magnesium from the People’s Republic
of China (China), covering the period
May 1, 2018 through April 30, 2019.
Commerce preliminarily determines
that Tianjin Magnesium International,
Co., Ltd. and Tianjin Magnesium Metal,
Co., Ltd. (collectively TMI/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 5, 2020.
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:
Background
On May 1, 2019, Commerce published
a notice of opportunity to request an
administrative review of the
antidumping duty order on pure
magnesium from China for the POR.1
On July 15, 2019, 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 pure
magnesium from China with respect to
TMI/TMM.3
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
to Request Administrative Review, 84 FR 18479
(May 1, 2019).
2 See US Magnesium LLC’s Letter, ‘‘Pure
Magnesium from the People’s Republic of China:
Request for Administrative Review,’’ dated May 31,
2019.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 84 FR
33739 (July 15, 2019). In the 2011–2012
administrative review of the order, Commerce
collapsed TMM and TMI, and treated the
companies as a single entity for purposes of the
proceeding. Because there were no changes to the
facts which supported that decision since that
determination was made, we continue to find that
these companies are part of a single entity for this
Continued
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Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices
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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’’ 4 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
(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–specification 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)
administrative review. 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.
4 The meaning of this term is the same as that
used by the American Society for Testing and
Materials (ATSM) in its Annual Book for ASTM
Standards: Volume 01.02 Aluminum and
Magnesium Alloys.
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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.
Preliminary Determination of No
Shipments
We received timely submissions from
TMI/TMM certifying that they did not
have sales, shipments, or exports of
subject merchandise to the United
States during the POR.5 On December
20, 2019, 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 TMI/TMM. This query
returned no entries during the POR.6
Additionally, we sent an inquiry to CBP
requesting that any CBP officer alert
Commerce if he/she had information
contrary to TMI/TMM’s no-shipments
claims.7
Based on the available record
information, and consistent with our
practice, we preliminarily determine
that TMI/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/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.8
5 See TMI’s Letter, ‘‘Pure Magnesium from the
People’s Republic of China, A–570–832; No
Shipment Certification for Tianjin Magnesium
International Co., Ltd.,’’ dated August 7, 2019; see
also TMM’s Letter, ‘‘Pure Magnesium from the
People’s Republic of China, A–570–832; No
Shipment Certification for Tianjin Magnesium
Metal Co., Ltd.,’’ dated August 7, 2019.
6 See Memorandum, ‘‘2018–2019 Administrative
Review of Pure Magnesium from the People’s
Republic of China, U.S. Customs and Border
Protection Data,’’ dated January 28, 2020, at
Attachment 1.
7 Id. at Attachment 2.
8 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.
PO 00000
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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.9 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.10 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.11 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).12
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.
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.13 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
9 See
19 CFR 351.309(c)(1)(ii).
19 CFR 351.309(d)(1) and (2).
11 See 19 CFR 351.309(c)(2), (d)(2).
12 See 19 CFR 351.303 (for general filing
requirements).
13 See 19 CFR 351.212(b)(1).
10 See
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Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices
practice in NME cases, if we continue to
determine in the final results that TMI/
TMM had no shipments of subject
merchandise, any suspended entries of
subject merchandise during the POR
from TMI/TMM will be liquidated at the
China-wide rate.14
Dated: January 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Cash Deposit Requirements
DEPARTMENT OF COMMERCE
The following cash deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of the subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) For 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; 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 Chinese
exporter(s) that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
International Trade Administration
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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).
14 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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[FR Doc. 2020–02257 Filed 2–4–20; 8:45 am]
BILLING CODE 3510–DS–P
[A–583–865]
Carbon and Alloy Steel Threaded Rod
From Taiwan: Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (Commerce) and the
International Trade Commission (ITC),
Commerce is issuing an antidumping
duty order on carbon and alloy steel
threaded rod from Taiwan.
DATES: Applicable February 5, 2020.
FOR FURTHER INFORMATION CONTACT:
Dusten Hom or Mary Kolberg, AD/CVD
Operations Office I, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–5075 or (202) 482–1785,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
In accordance with sections 735(d)
and 777(i)(1) of the Tariff Act of 1930,
as amended (the Act), and 19 CFR
351.210(c), on December 9, 2019,
Commerce published its affirmative
final determination in the less-than-fairvalue (LTFV) investigation with respect
to imports of carbon and alloy steel
threaded rod from Taiwan.1 On January
23, 2020, the ITC notified Commerce of
its final determination pursuant to
section 735(b)(1)(A) of the Act that an
industry in the United States is
materially injured by reason of the
LTFV imports of carbon and alloy steel
threaded rod from Taiwan.2
Scope of the Order
The merchandise covered by this
order is carbon and alloy steel threaded
rod from Taiwan. For a complete
description of the scope of the order, see
the Appendix to this notice.
1 See Carbon and Alloy Steel threaded Rod from
Taiwan: Final Affirmative Determination of Sales at
Less Than Fair Value, 84 FR 67258 (December 9,
2019) (Final Determination).
2 See Notification Letter from the ITC, dated
January 23, 2020 (ITC Letter).
PO 00000
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6511
Antidumping Duty Order
As stated above, on January 23, 2020,
in accordance with section 735(d) of the
Act, the ITC notified Commerce of its
final determination in this investigation,
in which it found that an industry in the
United States is materially injured
within the meaning of section
735(b)(1)(A) by reason of imports of
carbon and alloy steel threaded rod from
Taiwan. Therefore, in accordance with
sections 735(c)(2) and 736 of the Act,
Commerce is issuing this antidumping
duty order. Because the ITC determined
that imports of carbon and alloy steel
threaded rod from Taiwan are materially
injuring a U.S. industry, unliquidated
entries of such merchandise from
Taiwan, entered or withdrawn from
warehouse for consumption, are subject
to the assessment of antidumping
duties.
Therefore, in accordance with section
736(a)(1) of the Act, Commerce will
direct U.S. Customs and Border
Protection (CBP) to assess, upon further
instruction by Commerce, antidumping
duties equal to the amount by which the
normal value of the merchandise
exceeds the export price (or constructed
export price) of the merchandise, for all
relevant entries of carbon and alloy steel
threaded rod from Taiwan.
Antidumping duties will be assessed on
unliquidated entries of carbon and alloy
steel treaded rod from Taiwan entered,
or withdrawn from warehouse, for
consumption on or after September 25,
2019, the date of publication of the
Preliminary Determination.3
Continuation of Suspension of
Liquidation
In accordance with section
735(c)(1)(B) of the Act, Commerce will
instruct CBP to continue to suspend
liquidation of all appropriate entries of
carbon and alloy steel threaded rod from
Taiwan as described in the Appendix to
this notice which were entered, or
withdrawn from warehouse, for
consumption on or after September 25,
2019, the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
These instructions suspending
liquidation will remain in effect until
further notice.
Pursuant to section 735(c)(1)(B) of the
Act and 19 CFR 351.210(d), Commerce
will instruct CBP to require cash
deposits equal to the amounts indicated
below. Accordingly, effective on the
date of publication of the ITC’s final
3 See Carbon and Alloy Steel Threaded Rod from
Taiwan: Preliminary Affirmative Determination of
Sales at Less than Fair Value, 84 FR 50382
(September 25, 2019) (Preliminary Determination).
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]]>Agencies
[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6509-6511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02257]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2018-2019
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 pure magnesium
from the People's Republic of China (China), covering the period May 1,
2018 through April 30, 2019. Commerce preliminarily determines that
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal,
Co., Ltd. (collectively TMI/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 5, 2020.
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 May 1, 2019, Commerce published a notice of opportunity to
request an administrative review of the antidumping duty order on pure
magnesium from China for the POR.\1\ On July 15, 2019, 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 pure magnesium from China with respect to
TMI/TMM.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity to Request Administrative
Review, 84 FR 18479 (May 1, 2019).
\2\ See US Magnesium LLC's Letter, ``Pure Magnesium from the
People's Republic of China: Request for Administrative Review,''
dated May 31, 2019.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019). In the 2011-
2012 administrative review of the order, Commerce collapsed TMM and
TMI, and treated the companies as a single entity for purposes of
the proceeding. Because there were no changes to the facts which
supported that decision since that determination was made, we
continue to find that these companies are part of a single entity
for this administrative review. 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.
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[[Page 6510]]
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'' \4\ and are thus outside the scope of the existing antidumping
orders on magnesium from China (generally referred to as ``alloy''
magnesium).
---------------------------------------------------------------------------
\4\ The meaning of this term is the same as that used by the
American Society for Testing and Materials (ATSM) 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-
specification 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.
Preliminary Determination of No Shipments
We received timely submissions from TMI/TMM certifying that they
did not have sales, shipments, or exports of subject merchandise to the
United States during the POR.\5\ On December 20, 2019, 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 TMI/TMM. This query returned no entries during the POR.\6\
Additionally, we sent an inquiry to CBP requesting that any CBP officer
alert Commerce if he/she had information contrary to TMI/TMM's no-
shipments claims.\7\
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\5\ See TMI's Letter, ``Pure Magnesium from the People's
Republic of China, A-570-832; No Shipment Certification for Tianjin
Magnesium International Co., Ltd.,'' dated August 7, 2019; see also
TMM's Letter, ``Pure Magnesium from the People's Republic of China,
A-570-832; No Shipment Certification for Tianjin Magnesium Metal
Co., Ltd.,'' dated August 7, 2019.
\6\ See Memorandum, ``2018-2019 Administrative Review of Pure
Magnesium from the People's Republic of China, U.S. Customs and
Border Protection Data,'' dated January 28, 2020, at Attachment 1.
\7\ Id. at Attachment 2.
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Based on the available record information, and consistent with our
practice, we preliminarily determine that TMI/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/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.\8\
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\8\ 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.\9\ 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.\10\ 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.\11\ 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).\12\ 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.
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\9\ See 19 CFR 351.309(c)(1)(ii).
\10\ See 19 CFR 351.309(d)(1) and (2).
\11\ See 19 CFR 351.309(c)(2), (d)(2).
\12\ 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.\13\ 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
[[Page 6511]]
practice in NME cases, if we continue to determine in the final results
that TMI/TMM had no shipments of subject merchandise, any suspended
entries of subject merchandise during the POR from TMI/TMM will be
liquidated at the China-wide rate.\14\
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\13\ See 19 CFR 351.212(b)(1).
\14\ 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, as
provided for 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; 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: January 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02257 Filed 2-4-20; 8:45 am]
BILLING CODE 3510-DS-P
