[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27185-27186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11056]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On January 9, 2013, the Department of Commerce (the 
``Department'') published the Preliminary Results \1\ of the 2011-2012 
administrative review of the antidumping duty order on magnesium metal 
from the People's Republic of China (``PRC''), in which it found that 
the one respondent company, Tianjin Magnesium International, Co., Ltd 
(``TMI''), had no shipments during the period of review (``POR''). The 
POR is April 1, 2011, through March 31, 2012. We gave interested 
parties an opportunity to comment on the Preliminary Results, but none 
were received. Therefore, we continue to find that TMI had no 
reviewable transactions of subject merchandise during the POR.
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    \1\ See Magnesium Metal from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 1834 (January 9, 2013) (``Preliminary Results'').

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DATES: Effective Date: May 9, 2013.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
Department of Commerce, 14th Street and Constitution Avenue NW, 
Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION:

Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from the PRC, which includes primary and secondary alloy 
magnesium metal, regardless of chemistry, raw material source, form, 
shape, or size. The merchandise subject to this order is classifiable 
under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS number is 
provided for convenience and customs purposes, the written product 
description, available in Notice of Antidumping Duty Order: Magnesium 
Metal From the People's Republic of China, 70 FR 19928 (April 15, 
2005), remains dispositive.

Final Finding of No Shipments

    As in the Preliminary Results, because TMI submitted a timely no-
shipment certification and U.S. Customs and Border Protection (``CBP'') 
data indicated that there were no reviewable transactions for this 
company during the POR, we continue to find that TMI had no reviewable 
transactions of subject merchandise.\2\
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    \2\ See Preliminary Results.
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Assessment

    Upon issuance of the final results, the Department will determine, 
and CBP shall assess, antidumping duties on all appropriate entries. 
The Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of the final results of review. The 
Department recently announced a refinement to its assessment practice 
in non-market economy cases.\3\ Pursuant to this refinement in 
practice, for entries that were not reported in the U.S. sales 
databases submitted by companies individually examined during this 
review, the Department will instruct CBP to liquidate such entries at 
the PRC-wide rate. In addition, if the Department determines that an 
exporter under review had no shipments of the subject merchandise, any 
suspended entries that entered under that exporter's case number (i.e., 
at that exporter's rate) will be liquidated at the PRC-wide rate.\4\
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    \3\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
    \4\ See id.
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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 from the PRC entered, or withdrawn 
from warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended 
(the ``Act''): (1) For previously investigated or reviewed PRC and non-
PRC exporters not listed above that received a separate rate in a prior 
segment of this proceeding, the cash deposit rate will continue to be 
the existing exporter-specific rate; (2) for all PRC exporters of 
subject merchandise that have not been found to be entitled to a 
separate rate, the cash deposit rate will be that for the PRC-wide 
entity; and (3) for all non-PRC exporters of subject merchandise which 
have not received their own rate, the cash deposit rate will be the 
rate applicable to the PRC

[[Page 27186]]

exporter that supplied that non-PRC exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) of the Department's regulations 
to file a certificate regarding the reimbursement of antidumping duties 
prior to liquidation of the relevant entries during this POR. Failure 
to comply with this requirement could result in the Department's 
presumption that reimbursement of antidumping duties has occurred and 
the subsequent assessment of doubled antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations, which continues to govern business 
proprietary information in this segment of the proceeding. 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.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: April 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-11056 Filed 5-8-13; 8:45 am]
BILLING CODE 3510-DS-P