[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10473-10475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04122]


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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 Duty Administrative Review; 2012-2013

AGENCY: Enforcement and Compliance, formerly Import Administration, 
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is May 1, 2012, through April 30, 2013. This review covers 
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'') 
and Tianjin Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'').\1\ The Department preliminarily finds that TMI/TMM did not have 
reviewable entries during the POR. We invite interested parties to 
comment on these preliminary results.
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    \1\ The Department initiated the instant review on both TMM and 
TMI. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
38924 (June 28, 2013) (``Initiation Notice''). In the interim, for 
the prior 2011-2012 review of the order, the Department determined 
TMM and TMI to be collapsed and treated as a single entity for 
purposes of the proceeding. 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. As this collapsing 
determination remains unchallenged in this review, the instant 
preliminary results of this review cover the single TMM/TMI entity.

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DATES: Effective Date: February 25, 2014.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Brendan Quinn, 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) 482-4243 
or (202) 482-5848, respectively.

Scope of the Order

    Merchandise covered by the order 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. 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);
    (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, our 
written description of the scope is dispositive.

Background

    On May 1, 2013, the Department published a notice of opportunity to 
request an administrative review of the antidumping duty order on pure 
magnesium from the PRC for the period

[[Page 10474]]

May 1, 2012 through April 30, 2013.\2\ On May 31, 2013, U.S. Magnesium 
LLC (``U.S. Magnesium''), a domestic producer and Petitioner in the 
underlying investigation of this case, made a timely request that the 
Department conduct an administrative review of TMI and TMM.\3\ On June 
28, 2013, in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (``the Act''), the Department published in the Federal 
Register a notice of initiation of this antidumping duty administrative 
review.\4\ On August 26 and August 27, 2013, TMM and TMI separately 
submitted letters to the Department certifying that they did not export 
pure magnesium for consumption in the United States during the POR.\5\
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    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 78 FR 25420, 25424 (May 1, 2013).
    \3\ See letter from U.S. Magnesium, ``Pure Magnesium from the 
People's Republic of China: Request for Administrative Review,'' 
dated May 31, 2013.
    \4\ See Initiation Notice.
    \5\ See letter from TMM, ``Pure Magnesium from the People's 
Republic of China; A-570-832; Certification of No Sales by Tianjin 
Magnesium Metal, Co., Ltd.,'' dated August 26, 2013, at 1; see also 
letter from TMI, ``Pure Magnesium from the People's Republic of 
China; A-570-832; Certification of No Sales by Tianjin Magnesium 
International, Co., Ltd.,'' dated August 27, 2013, at 1.
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    On January 6, 2014, the Department placed on the record information 
obtained in response to the Department's query to U.S. Customs and 
Border Protection (``CBP'') concerning imports into the United States 
of subject merchandise during the POR.\6\ This information indicates 
that there were no entries of subject merchandise during the POR that 
had been exported by TMI or TMM. In addition, on January, 8, 2014, we 
notified CBP that we were in receipt of a no-shipment certification 
from TMI and TMM and requested CBP to report any contrary information 
within 10 days.\7\ CBP did not report any contrary information.
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    \6\ See Memorandum to the File, ``2012-2013 Administrative 
Review of Pure Magnesium from the People's Republic of China: U.S. 
Customs and Border Protection Data,'' dated January 6, 2014 (``CBP 
Query'').
    \7\ See Customs Message 4008304, ``No Shipments 
Inquiry,'' dated January 8, 2014.
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    As explained in the memorandum from the Assistant Secretary for 
Enforcement and Compliance, the Department has exercised its discretion 
to toll deadlines for the duration of the closure of the Federal 
Government from October 1, through October 16, 2013.\8\ Thus, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the preliminary results of review is 
Tuesday, February 18, 2014.\9\
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    \8\ See Memorandum to the File, ``Pure Magnesium From the 
People's Republic of China: Tolling of Deadlines for Shutdown of the 
Federal Government,'' dated December 29, 2013.
    \9\ See id. Because Monday, February 17, 2014, is a federal 
holiday, the deadline extended deadline becomes Tuesday, February 
18, 2014, consistent with Notice of Clarification: Application of 
``Next Business Day'' Rule for Administrative Determination 
Deadlines Pursuant to the Tariff Act of 1930, As Amended, 70 FR 
24533 (May 10, 2005).
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Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, TMI and TMM each 
submitted timely-filed certifications indicating that it had no 
shipments of subject merchandise to the United States during the POR. 
In addition, CBP did not provide any evidence that contradicts TMI or 
TMM's claim of no shipments.\10\ The Department received no comments 
from interested parties concerning the results of the CBP query.
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    \10\ See CBP Query.
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    Based on TMI and TMM's certification and our analysis of CBP 
information, we preliminarily determine that the single TMI/TMM entity 
did not have any reviewable entries during the POR. In addition, the 
Department finds that consistent with its recently announced refinement 
to its assessment practice in non-market economy (``NME'') cases, it is 
appropriate not to rescind the review in part in this circumstance but, 
rather, to complete the review with respect to TMI/TMM and to issue 
appropriate instructions to CBP based on the final results of the 
review.\11\
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    \11\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) 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 and/or written comments within 30 
days of the date of publication of this notice, pursuant to 19 CFR 
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the 
case briefs, will be due five days after the due date for case briefs, 
pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal 
briefs in this proceeding are requested to submit with each argument a 
statement of the issue, a summary of the argument not to exceed five 
pages, and a table of statutes, regulations, and cases cited, in 
accordance with 19 CFR 351.309(c)(2) and (d)(2).
    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing or to participate if one is requested, must submit a 
written request to the Assistant Secretary for Enforcement and 
Compliance, U.S. Department of Commerce, filed electronically using 
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. An electronically filed document must be received 
successfully in its entirety by the Department's electronic records 
system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days 
after the date of publication of this notice.\12\ Requests should 
contain: (1) The party's name, address and 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 briefs. The Department intends to issue the final 
results of this administrative review, including the results of its 
analysis of the issues raised in any written briefs, not later than 120 
days after the date of publication of this notice, pursuant to section 
751(a)(3)(A) of the Act.
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    \12\ See 19 CFR 351.310(c).
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Assessment Rates

    Upon issuance of the final results, the Department will determine, 
and 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 the final 
results of this review. Additionally, pursuant to a recently announced 
refinement to its assessment practice in NME cases, if the Department 
continues to determine 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.\13\
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    \13\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which 
claimed no shipments, the

[[Page 10475]]

cash deposit rate will remain unchanged from the rate assigned to TMI/
TMM in the most recently completed review of the company; (2) for 
previously investigated or reviewed PRC and non-PRC 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 PRC 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the PRC-wide 
rate of 141.49 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(s) that supplied 
that non-PRC exporter. These deposit requirements, when imposed, shall 
remain in effect until further notice.

Notification to Importers

    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement off antidumping duties prior to liquidation 
of the relevant entries during this period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This administrative review and notice are in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.

    Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04122 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P