Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Administrative Review; 2019-20, 17360-17362 [2021-06824]

Download as PDF 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the amended final results of this administrative review for shipments of the subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For Xiashun and Zhongji and for each of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). VerDate Sep<11>2014 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: PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 (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. VerDate Sep<11>2014 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). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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). E:\FR\FM\02APN1.SGM 02APN1 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). VerDate Sep<11>2014 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 Frm 00014 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. E:\FR\FM\02APN1.SGM 02APN1

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]


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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.
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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

[[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).
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    \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\
---------------------------------------------------------------------------

    \11\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016), and the ``Assessment Rates'' section, 
below.
---------------------------------------------------------------------------

Public Comment

    Interested parties 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\
---------------------------------------------------------------------------

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

    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
---------------------------------------------------------------------------

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\
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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