[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 94-96]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31412]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


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

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: On June 10, 2013, the Department of Commerce (``Department'') 
published the Preliminary Results of the 2011-2012 administrative 
review of the antidumping duty order on pure magnesium from the 
People's Republic of China (``PRC'').\1\ The period of review

[[Page 95]]

(``POR'') is May 1, 2011, through April 30, 2012. This review covers 
one exporter of subject merchandise, Tianjin Magnesium Metal Co., Ltd. 
(``TMM'') and Tianjin Magnesium International Co., Ltd. (``TMI'') 
(collectively, ``TMM/TMI'').\2\ We invited interested parties to 
comment on our Preliminary Results. Based on our analysis of the 
comments received, we made certain changes to our margin calculations 
for TMM/TMI. The final dumping margin for this review is listed in the 
``Final Results'' section below.
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of 2011-2012 Antidumping Duty Administrative 
Review, 78 FR 34646 (June 10, 2013) (``Preliminary Results'') and 
accompanying Memorandum to Ronald K. Lorentzen, Acting Assistant 
Secretary for Import Administration, titled ``Decision Memorandum 
for Preliminary Results of 2011-2012 Antidumping Duty Administrative 
Review: Pure Magnesium from the People's Republic of China,'' dated 
May 31, 2013 (``Preliminary Decision Memorandum'').
    \2\ In the Preliminary Results, the Department referred to 
``TMM/TMI'' as ``TMM/Company A,'' due to the treatment of TMM's 
affiliation with TMI as business proprietary information. Subsequent 
to the Preliminary Results, TMM publicly disclosed its relationship 
with TMI, and the affiliation between the two parties was made 
public for the remainder of this proceeding. See Memorandum to the 
File, from Brendan Quinn, International Trade Compliance Analyst, 
titled, ``Memorandum Regarding the Public Treatment of Affiliation 
Information Previously Bracketed as Proprietary,'' dated June 25, 
2013. This collapsing determination is sustained for the final 
results. See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
titled, ``2011-2012 Administrative Review of the Antidumping Duty 
Order on Pure Magnesium from the People's Republic of China: 
Preliminary Affiliation and Collapsing Memorandum,'' dated May 31, 
2013 (``Affiliation and Collapsing Memorandum''). The collapsing 
decision is unchanged for these final results. See Memorandum to 
Paul Piquado, Assistant Secretary for Enforcement and Compliance, 
titled, ``Pure Magnesium from the People's Republic of China: Issues 
and Decision Memorandum for the Final Results of the 2011-2012 
Administrative Review of the Antidumping Duty Order,'' dated 
concurrently with this notice (``Issues and Decision Memorandum'') 
at Comment 5.

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DATES: Effective Date: January 2, 2014.

FOR FURTHER INFORMATION CONTACT: Brendan Quinn or Andrew Medley, AD/CVD 
Operations, Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
5848 or (202) 482-4987, respectively.

Background

    On June 10, 2013, the Department published its Preliminary Results 
of the antidumping duty administrative review of pure magnesium from 
the PRC. Petitioner and TMM/TMI submitted publicly available 
information regarding surrogate values on July 15, 2013, and rebuttal 
surrogate value information on July 25, 2013.\3\ Petitioner and TMM/TMI 
submitted case briefs on August 8, 2013, and rebuttal briefs on August 
15, 2013.\4\
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    \3\ Petitioner is the Aluminum Extrusions Fair Trade Committee.
    \4\ At the Department's request, TMM/TMI removed certain new 
factual information from its rebuttal brief and resubmitted its 
revised rebuttal case brief on September 25, 2013.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\5\ Therefore, all 
deadlines in this segment of the proceeding have been extended by 16 
days. If the new deadline falls on a non-business day, in accordance 
with the Department's practice, the deadline will become the next 
business day. The revised deadline for the final results of this review 
is now December 26, 2013.
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    \5\ See Memorandum for the Record from Paul Piquado, Assistant 
Secretary for Enforcement and Compliance, titled ``Deadlines 
Affected by the Shutdown of the Federal Government,'' dated October 
18, 2013.
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Scope of the Order

    Merchandise covered by the Order \6\ is pure magnesium 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.\7\ 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, our written description of the scope is 
dispositive.
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    \6\ See 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'').
    \7\ See Issues and Decision Memorandum for a full description of 
the Scope of the Order.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Issues and Decision Memorandum, 
which is hereby adopted by this notice. A list of the issues that 
parties raised and to which we responded in the Issues and Decision 
Memorandum follows as an appendix to this notice. The Issues and 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is 
available to registered users at http://iaaccess.trade.gov and in the 
Central Records Unit, room 7046 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The paper copy and electronic version of 
the Issues and Decision Memorandum are identical in content.

Separate Rates

    In the Preliminary Results, we found that TMM/TMI demonstrated its 
eligibility for separate-rate status.\8\ No party has placed any 
evidence on the record of this review to contradict that finding. 
Therefore, we continue to find that TMM/TMI is eligible for separate-
rate status.
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    \8\ See Preliminary Results, and accompanying Preliminary 
Decision Memorandum at 7.
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Changes Since the Preliminary Results

    Based on an analysis of the comments received, for the final 
results, the Department made the following change to TMM/TMI's margin 
calculation:
     Surrogate Value for Input Magnesium Scrap: We have used 
Serbian import data for ``magnesium waste and scrap'' to value the 
magnesium alloy scrap input.\9\
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    \9\ See Memorandum to the File from Andrew Medley, International 
Trade Compliance Analyst, titled ``Final Results of the 2011-2012 
Administrative Review of the Antidumping Duty Order on Pure 
Magnesium from the People's Republic of China: Surrogate Value 
Memorandum,'' dated December 26, 2013 (``Surrogate Value 
Memorandum''), and Memorandum to the File from Andrew Medley, 
International Trade Compliance Analyst, titled ``2011-2012 
Administrative Review of the Antidumping Duty Order on Pure 
Magnesium from the People's Republic of China: Analysis of the Final 
Results Margin Calculation for TMM/TMI,'' dated December 26, 2013 
(``TMM/TMI Final Analysis Memorandum''). See also, Issues and 
Decision Memorandum at Comment 2.
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     Surrogate Financial Ratios: We have used the 2011 
financial statements for SOH Technologies Corp. and New Anchor Foundry 
Shop Co. to calculate average surrogate financial ratios.\10\
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    \10\ See Surrogate Value Memorandum and TMM/TMI Final Analysis 
Memorandum. See also, Issues and Decision Memorandum at Comment 3.
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Final Results

    We determine that the following weighted-average dumping margin 
exists for the POR:

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                 Exporter                      Weighted-average margin
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Tianjin Magnesium International Co., Ltd    0.03 percent (de minimis).
 \11\.
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[[Page 96]]

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries covered by this review. The Department intends to 
issue assessment instructions to CBP 15 days after the publication date 
of these final results of this review. In accordance with 19 CFR 
351.212(b)(1), we are calculating importer- (or customer-) specific 
assessment rates for the merchandise subject to this review. For any 
individually examined respondent whose weighted-average dumping margin 
is above de minimis (i.e., 0.50 percent), the Department will calculate 
importer-specific assessment rates on the basis of the ratio of the 
total amount of dumping calculated for the importer's examined sales 
and the total entered value of sales.\12\ We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review when the importer-specific assessment rate is above de minimis. 
Where either the respondent's weighted-average dumping margin is zero 
or de minimis, or an importer-specific assessment rate is zero or de 
minimis, we will instruct CBP to liquidate the appropriate entries 
without regard to antidumping duties.
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    \11\ For these final results, the Department has collapsed 
Tianjin Magnesium International Co., Ltd. and Tianjin Magnesium 
Metal Co., Ltd. As a result of this collapsing, the cash deposit 
rate for shipments of pure magnesium from the People's Republic of 
China exported by Tianjin Magnesium International Co., Ltd. also 
applies to exports of this merchandise by Tianjin Magnesium Metal 
Co., Ltd.
    \12\ See Antidumping Proceedings: Calculation of the Weighted-
Average Dumping Margin and Assessment Rate in Certain Antidumping 
Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).
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    The Department recently announced a refinement to its assessment 
practice in NME cases.\13\ 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 NME-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 NME-wide rate. For a full discussion of 
this practice, see NME Antidumping Proceedings.
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    \13\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``NME 
Antidumping Proceedings'').
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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 for by section 751(a)(2)(C) of the Act: (1) For TMM/TMI, the 
cash deposit rate will be zero; (2) for previously investigated or 
reviewed PRC and non-PRC exporters not listed above that have separate 
rates, the cash deposit rate will continue to be the exporter-specific 
rate published for the most recent period; (3) for all PRC exporters of 
subject merchandise which have not been found to be entitled to a 
separate rate, the cash deposit rate will be the PRC-wide rate of 
111.73 percent; and (4) 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 exporter that supplied that 
non-PRC exporter. These deposit requirements 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 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    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 the 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/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.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding, in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 26, 2013.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.

Appendix

    Comment 1: Surrogate Country
    Comment 2: Surrogate Value for Input Magnesium Scrap
    Comment 3: Surrogate Financial Statements
    Comment 4: Whether Alleged Translation Errors and Omissions 
Warrant an Adverse Inference
    Comment 5: Whether the Department Should Collapse TMM and TMI 
and therefore Assign a Single AD Rate to the Collapsed Entity
    Comment 6: Whether To Identify the Collapsed Affiliate in 
Customs Instructions
    Comment 7: Updating the PRC-Wide Rate

[FR Doc. 2013-31412 Filed 12-31-13; 8:45 am]
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