Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Administrative Review; 2019-20, 17360-17362 [2021-06824]
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17360
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
instruct CBP to liquidate that importer’s
(or customer’s) entries of subject
merchandise without regard to
antidumping duties.
Consistent with its recent notice,10
Commerce intends to issue assessment
instructions to CBP no earlier than 35
days after the date of publication of the
amended final results of this review in
the Federal Register. If a timely
summons is filed at the U.S. Court of
International Trade, the assessment
instructions will direct CBP not to
liquidate relevant entries until the time
for parties to file a request for a statutory
injunction has expired (i.e., within 90
days of publication).
jbell on DSKJLSW7X2PROD with NOTICES
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the amended final results
of this administrative review for
shipments of the 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from China entered, or withdrawn from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
Xiashun and Zhongji and for each of the
companies identified above as eligible
for a separate rate, the cash deposit rate
will be equal to the weighted-average
dumping margin established in the
amended final results of this review; (2)
for previously investigated or reviewed
Chinese and non-Chinese exporters not
listed above that have received a
separate rate in a prior segment of this
proceeding, the cash deposit rate will
continue to be the existing exporterspecific cash deposit rate published for
the completed segment of 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 rate for the China-wide entity;
and (4) for all non-Chinese exporters of
subject merchandise which have not
received their own separate rate, the
cash deposit rate will be the rate
applicable to the Chinese exporter that
supplied that non-Chinese exporter.
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice also 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
10 See Notice of Discontinuation of Policy to Issue
Liquidation Instructions After 15 Days in
Applicable Antidumping and Countervailing Duty
Administrative Proceedings, 86 FR 3995 (January
15, 2021).
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23:04 Apr 01, 2021
Jkt 253001
of the relevant entries during this POR.
Failure to comply with this requirement
could result in Commerce’s
presumption that reimbursement of
antidumping duties has occurred and
the subsequent assessment of double
antidumping duties.
Administrative Protective Orders
This notice also serves as a final
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3),
which continues to govern business
proprietary information in this segment
of the proceeding. 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
violation which is subject to sanction.
Notification to Interested Parties
This amended notice is issued and
published in accordance with sections
751(h) and 777(i) of the Act.
Dated: March 29, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Ministerial
Error Memorandum
I. Summary
II. Scope of the Order
III. Legal Authority
IV. Discussion of the Issues
Comment 1: HK Dingsheng and Hangzhou
Dingsheg IE Company Names
Comment 2: Xiashun VAT Conversion
V. Recommendation
[FR Doc. 2021–06840 Filed 4–1–21; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Preliminary Results
of Antidumping Administrative Review;
2019–20
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is conducting the
administrative review of the
antidumping duty (AD) order on pure
magnesium from the People’s Republic
of China (China). The period of review
AGENCY:
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(POR) is May 1, 2019, through April 30,
2020. Commerce preliminarily
determines that Tianjin Magnesium
International Co., Ltd. and Tianjin
Magnesium Metal Co., Ltd. (collectively,
TMI/TMM) did not have any shipments
during the POR. We invite interested
parties to comment on these preliminary
results.
DATES: Applicable April 2, 2021.
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.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2020, Commerce published
in the Federal Register a notice of
opportunity to request an administrative
review of the AD order on pure
magnesium from China for the POR.1
On July 10, 2020, 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 Order
with respect to TMI/TMM.3 On July 21,
2020, Commerce tolled all deadlines in
administrative reviews by 60 days.4 The
deadline for the preliminary results of
this review is now April 1, 2021.
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
1 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review, 85 FR 25394
(May 1, 2020); see also 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) (Order).
2 See US Magnesium LLC’s Letter, ‘‘Request For
Administrative Review,’’ dated May 29, 2020.
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 85 FR
41540 (July 10, 2020). 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.
4 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Administrative Reviews,’’ dated July 21, 2020.
E:\FR\FM\02APN1.SGM
02APN1
jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
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’’ 5 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)
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
5 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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23:04 Apr 01, 2021
Jkt 253001
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 and TMM certifying that they did
not have sales, shipments, or exports of
subject merchandise to the United
States during the POR.6 On November 2,
2020, 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/TMI.7 This query
returned no entries during the POR.8
Additionally, on November 19, 2020,
Commerce submitted a no-shipments
inquiry to CBP with regard to TMI/
TMM,9 to which CBP responded that it
found no shipments of subject
merchandise by TMI/TMM during the
POR.10
Accordingly, and consistent with our
practice, we preliminarily determine
that TMI/TMM had no shipments
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 nonmarket economy (NME) cases.11
Public Comment
Interested parties are invited to
comment on the preliminary results and
may submit case briefs, filed
electronically via Enforcement and
Compliance’s Antidumping Duty and
Countervailing Duty Centralized
Electronic Service System (ACCESS),
within 30 days after the date of
publication of these preliminary results
of review.12 ACCESS is available to
6 See TMI’s Letter, ‘‘No Shipment Certification,’’
dated July 17, 2020; see also TMM’s Letter, ‘‘No
Shipment Certification,’’ dated July 17, 2020.
7 See Memorandum, ‘‘2019–2020 Administrative
Review of Pure Magnesium from the People’s
Republic of China, Release of U.S. Customs and
Border Protection Data,’’ dated March 1, 2021 at
Attachment 1.
8 Id. at Attachment 2.
9 Id. at Attachment 3.
10 Id. at Attachment 4.
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).
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17361
registered users at https://
access.trade.gov. Rebuttal briefs, limited
to issues raised in the case briefs, must
be filed within seven days after the time
limit for filing case briefs.13 Parties who
submit case or rebuttal briefs in this
proceeding are requested to submit with
each argument a statement of the issue,
a brief summary of the argument, and a
table of authorities.14 Note that
Commerce has temporarily modified
certain portions of its requirements for
serving documents containing business
proprietary information, until further
notice.15
Interested parties who wish to request
a hearing, or to participate if one is
requested, must submit a written
request to Commerce within 30 days of
the date of publication of this notice.16
Requests should contain: (1) The party’s
name, address, the 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 and
rebuttal briefs. If a request for a hearing
is made, parties will be notified of the
time and date for the hearing to be
held.17 Commerce intends to issue the
final results of this administrative
review, which will include the results of
our analysis of all issues raised in the
case briefs, within 120 days of
publication of these preliminary results
in the Federal Register, unless
extended, pursuant to section
751(a)(3)(A) of the Act.
Assessment Rates
Upon issuance of the final results of
this review, Commerce will determine,
and CBP will assess, antidumping
duties on all appropriate entries covered
by this review.18 Commerce intends to
issue assessment instructions to CBP no
earlier than 35 days after the date of
publication of the final results of this
review in the Federal Register. If a
timely summons is filed at the U.S.
Court of International Trade, the
assessment instructions will direct CBP
not to liquidate relevant entries until the
time for parties to file a request for a
statutory injunction has expired (i.e.,
within 90 days of publication). Pursuant
to Commerce’s practice in NME cases, if
we continue to determine in the final
13 See 19 CFR 351.309(d)(1) and (2); see also
Temporary Rule Modifying AD/CVD Service
Requirements Due to
COVID–19; Extension of Effective Period, 85 FR
41363 (July 10, 2020) (Temporary Rule).
14 See 19 CFR 351.309(c) and (d); see also 19 CFR
351.303 (for general filing requirements).
15 See Temporary Rule.
16 See 19 CFR 351.310(c).
17 See 19 CFR 310(d).
18 See 19 CFR 351.212(b)(1).
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17362
Federal Register / Vol. 86, No. 62 / Friday, April 2, 2021 / Notices
results that TMI/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.19
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 and 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
companies; (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; 20 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.
Notification to Importers
jbell on DSKJLSW7X2PROD with NOTICES
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
review period. Failure to comply with
this requirement could result in
Commerce’s presumption that
reimbursement of antidumping duties
occurred and the subsequent assessment
of doubled antidumping duties.
19 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
20 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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23:04 Apr 01, 2021
Jkt 253001
Notification to Interested Parties
permits Commerce to postpone the
preliminary determination until no later
These preliminary results of review
than 190 days after the date on which
are issued and published in accordance
Commerce initiated the investigation if:
with sections 751(a)(1) and 777(i)(1) of
(A) The petitioner 2 makes a timely
the Act and 19 CFR 351.221(b)(4).
request for a postponement; or (B)
Dated: March 25, 2021.
Commerce concludes that the parties
Christian Marsh,
concerned are cooperating, that the
Acting Assistant Secretary for Enforcement
investigation is extraordinarily
and Compliance.
complicated, and that additional time is
[FR Doc. 2021–06824 Filed 4–1–21; 8:45 am]
necessary to make a preliminary
BILLING CODE 3510–DS–P
determination. Under 19 CFR
351.205(e), the petitioner must submit a
request for postponement 25 days or
DEPARTMENT OF COMMERCE
more before the scheduled date of the
preliminary determination and must
International Trade Administration
state the reasons for the request.
[A–560–838, A–557–823, A–549–843, A–552– Commerce will grant the request unless
832]
it finds compelling reasons to deny the
request.
Polyester Textured Yarn From
On March 9, 2021, the petitioners
Indonesia, Malaysia, Thailand, and the
submitted a timely request that
Socialist Republic of Vietnam:
Commerce postpone the preliminary
Postponement of Preliminary
determinations in these LTFV
Determinations in the Less-Than-Fairinvestigations.3 The petitioners stated
Value Investigations
that it requests postponement due to the
AGENCY: Enforcement and Compliance,
lack of time to collect, analyze, and
International Trade Administration,
follow up on questionnaire responses
Department of Commerce.
from the mandatory respondents in each
investigation. The petitioners believe
DATES: Applicable April 2, 2021.
that additional time will allow
FOR FURTHER INFORMATION CONTACT:
Commerce to consider the issues raised
Peter Shaw at (202) 482–0697
in each case, review initial and
(Indonesia); Daniel Alexander at (202)
supplemental data submitted by the
482–2000 (Malaysia); Stephanie Berger
respondents, and request additional
at (202) 482–2483 (Thailand); Yang
information if necessary.4
Chun at (202) 482–5760 (the Socialist
Republic of Vietnam (Vietnam)), AD/
For the reason stated above, and
CVD Operations, Enforcement and
because there are no compelling reasons
Compliance, International Trade
to deny the request, Commerce, in
Administration, U.S. Department of
accordance with section 733(c)(1)(A) of
Commerce, 1401 Constitution Avenue
the Act, is postponing the deadline for
NW, Washington, DC 20230.
the preliminary determinations by 50
days (i.e., 190 days after the date on
SUPPLEMENTARY INFORMATION:
which these investigations were
Background
initiated). As a result, Commerce will
On November 17, 2020, the
issue its preliminary determinations no
Department of Commerce (Commerce)
later than May 26, 2021. In accordance
initiated less-than-fair-value (LTFV)
with section 735(a)(1) of the Act and 19
investigations of imports of polyester
CFR 351.210(b)(1), the deadline for the
textured yarn from Indonesia, Malaysia, final determinations of these
Thailand, and Vietnam.1 Currently, the
investigations will continue to be 75
preliminary determinations are due no
days after the date of the preliminary
later than April 6, 2021.
determinations, unless postponed at a
later date.
Postponement of Preliminary
Determinations
Notification to Interested Parties
Section 733(b)(1)(A) of the Tariff Act
This notice is issued and published
of 1930, as amended (the Act), requires
pursuant to section 733(c)(2) of the Act
Commerce to issue the preliminary
and 19 CFR 351.205(f)(1).
determination in an LTFV investigation
within 140 days after the date on which
2 The petitioners are Unifi Manufacturing, Inc.
Commerce initiated the investigation.
and Nan Ya Plastics Corporation, America.
However, section 733(c)(1)(A) of the Act
3 See Petitioners’ Letter, ‘‘Polyester Textured Yarn
1 See
Polyester Textured Yarn from Indonesia,
Malaysia, Thailand, and the Socialist Republic of
Vietnam: Initiation of Less-Than-Fair-Value
Investigations, 85 FR 74680 (November 23, 2020).
PO 00000
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Fmt 4703
Sfmt 4703
from Indonesia, Malaysia, Thailand, and the
Socialist Republic of Vietnam—Petitioners’ Request
to Postpone the Preliminary Determinations,’’ dated
March 9, 2021.
4 Id.
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]]>Agencies
[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06824]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Administrative Review; 2019-20
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 (AD) order on pure
magnesium from the People's Republic of China (China). The period of
review (POR) is May 1, 2019, through April 30, 2020. Commerce
preliminarily determines that Tianjin Magnesium International Co., Ltd.
and Tianjin Magnesium Metal Co., Ltd. (collectively, TMI/TMM) did not
have any shipments during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable April 2, 2021.
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.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2020, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the AD order on
pure magnesium from China for the POR.\1\ On July 10, 2020, 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
Order with respect to TMI/TMM.\3\ On July 21, 2020, Commerce tolled all
deadlines in administrative reviews by 60 days.\4\ The deadline for the
preliminary results of this review is now April 1, 2021.
---------------------------------------------------------------------------
\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 85 FR 25394 (May 1, 2020); see also 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) (Order).
\2\ See US Magnesium LLC's Letter, ``Request For Administrative
Review,'' dated May 29, 2020.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 85 FR 41540 (July 10, 2020). 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.
\4\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
---------------------------------------------------------------------------
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
[[Page 17361]]
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'' \5\ and are thus outside the scope of the existing antidumping
orders on magnesium from China (generally referred to as ``alloy''
magnesium).
---------------------------------------------------------------------------
\5\ 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 and TMM certifying that
they did not have sales, shipments, or exports of subject merchandise
to the United States during the POR.\6\ On November 2, 2020, 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/TMI.\7\ This query returned no entries
during the POR.\8\ Additionally, on November 19, 2020, Commerce
submitted a no-shipments inquiry to CBP with regard to TMI/TMM,\9\ to
which CBP responded that it found no shipments of subject merchandise
by TMI/TMM during the POR.\10\
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\6\ See TMI's Letter, ``No Shipment Certification,'' dated July
17, 2020; see also TMM's Letter, ``No Shipment Certification,''
dated July 17, 2020.
\7\ See Memorandum, ``2019-2020 Administrative Review of Pure
Magnesium from the People's Republic of China, Release of U.S.
Customs and Border Protection Data,'' dated March 1, 2021 at
Attachment 1.
\8\ Id. at Attachment 2.
\9\ Id. at Attachment 3.
\10\ Id. at Attachment 4.
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Accordingly, and consistent with our practice, we preliminarily
determine that TMI/TMM had no shipments 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.\11\
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\11\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR
72567 (October 20, 2016), and the ``Assessment Rates'' section,
below.
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs, filed electronically via
Enforcement and Compliance's Antidumping Duty and Countervailing Duty
Centralized Electronic Service System (ACCESS), within 30 days after
the date of publication of these preliminary results of review.\12\
ACCESS is available to registered users at https://access.trade.gov.
Rebuttal briefs, limited to issues raised in the case briefs, must be
filed within seven days after the time limit for filing case
briefs.\13\ Parties who submit case or rebuttal briefs in this
proceeding are requested to submit with each argument a statement of
the issue, a brief summary of the argument, and a table of
authorities.\14\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to
COVID-19; Extension of Effective Period, 85 FR 41363 (July 10,
2020) (Temporary Rule).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See Temporary Rule.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\16\ Requests should
contain: (1) The party's name, address, the 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 and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held.\17\ Commerce intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\18\ Commerce intends to issue
assessment instructions to CBP no earlier than 35 days after the date
of publication of the final results of this review in the Federal
Register. If a timely summons is filed at the U.S. Court of
International Trade, the assessment instructions will direct CBP not to
liquidate relevant entries until the time for parties to file a request
for a statutory injunction has expired (i.e., within 90 days of
publication). Pursuant to Commerce's practice in NME cases, if we
continue to determine in the final
[[Page 17362]]
results that TMI/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.\19\
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\18\ See 19 CFR 351.212(b)(1).
\19\ 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 and 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 companies; (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; \20\ 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.
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\20\ 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 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 review period. Failure to comply
with this requirement could result in Commerce's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification to Interested Parties
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: March 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06824 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-DS-P
