[Federal Register Volume 79, Number 62 (Tuesday, April 1, 2014)]
[Notices]
[Pages 18277-18279]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal 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 the 
administrative review of the antidumping duty order on magnesium metal 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is April 1, 2012, through March 31, 2013. This review covers 
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI''). 
The Department preliminarily finds that TMI did not have reviewable 
entries during the POR. We invite interested parties to comment on 
these preliminary results.

DATES: Effective Date: April 1, 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

    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. Magnesium is a metal or alloy containing by weight 
primarily the element magnesium. Primary magnesium is produced by 
decomposing raw materials into magnesium metal. Secondary magnesium is 
produced by recycling magnesium-based scrap into magnesium metal. The 
magnesium covered by this order includes blends of primary and 
secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \1\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \1\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of this order excludes: (1) All forms of pure magnesium, 
including chemical combinations of magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
than 99.8 percent, by weight, that do not conform to an ``ASTM 
Specification for Magnesium Alloy'' \2\; (2) magnesium that is in 
liquid or molten form; and (3) mixtures containing 90 percent or less 
magnesium in granular or powder form by weight and one or more of 
certain non-magnesium granular materials to make magnesium-based 
reagent mixtures, including lime, calcium metal, calcium silicon, 
calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, 
nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda 
ash, hydrocarbons, graphite, coke, silicon, rare earth metals/
mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, 
ferroalloys, dolomite lime, and colemanite.\3\
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    \2\ The material is already covered by existing antidumping 
orders. 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); and Antidumping Duty 
Order: Pure Magnesium in Granular Form from the People's Republic of 
China, 66 FR 57936 (November 19, 2001).
    \3\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
Final Determination of Sales at Less Than Fair Value: Pure Magnesium 
in Granular Form From the People's Republic of China, 66 FR 49345 
(September 27, 2001); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
Final Determination of Sales at Not Less Than Fair Value: Pure 
Magnesium From the Russian Federation, 66 FR 49347 (September 27, 
2001). These mixtures are not magnesium alloys, because they are not 
combined in liquid form and cast into the same ingot.
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    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 items are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Background

    On April 2, 2013, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
magnesium metal from the PRC for the period April 1, 2012 through March 
31, 2013.\4\ On April 30, 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.\5\ On June 3, 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.\6\ 
On July 23, 2013, TMI submitted a letter to the Department certifying 
that it did not export magnesium metal for consumption in the United 
States during the POR.\7\
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    \4\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 78 FR 19645 (April 2, 2013).
    \5\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated April 30, 2013.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 78 FR 
33052 (June 3, 2013).
    \7\ See letter from TMI, ``Magnesium Metal from the People's 
Republic of China; A-570-896; Certification of No Sales by Tianjin 
Magnesium International, Co., Ltd.,'' dated July 23, 2012 
{sic{time} , at 1.
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    On January 6, 2014, the Department placed on the record information

[[Page 18278]]

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.\8\ This information indicates 
that there were no entries of subject merchandise during the POR that 
had been exported by TMI. In addition, on January 16, 2014, we notified 
CBP that we were in receipt of a no-shipment certification from TMI and 
requested CBP to report any contrary information within 10 days.\9\ CBP 
did not report any contrary information.
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    \8\ See Memorandum to the File, ``2012-2013 Administrative 
Review of Magnesium Metal from the People's Republic of China: U.S. 
Customs and Border Protection Data,'' dated January 6, 2014 (``CBP 
Query'').
    \9\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: 12-13 Administrative Review: Placing No-
Shipment Inquiry on the Record,'' dated January 17, 2014, at 
Attachment 1 Customs Message 4016312, ``No Shipments Inquiry,'' 
dated January 16, 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.\10\ Thus, all 
deadlines in this segment of the proceeding have been extended by 16 
days. The revised deadline for the preliminary results of review was 
established as Thursday, January 16, 2014.\11\ On January 7, 2014, we 
extended the deadline for the preliminary results by 120 days.\12\ The 
preliminary results of this review are due no later than May 16, 
2014.\13\
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    \10\ See Memorandum to the File, ``Magnesium Metal From the 
People's Republic of China: Tolling of Deadlines for Shutdown of the 
Federal Government,'' dated December 29, 2013.
    \11\ Id.
    \12\ See Memorandum to Christian Marsh, Deputy Assistant 
Secretary for Antidumping and Countervailing Duty Operations, 
entitled ``Magnesium Metal from the People's Republic of China: 
Extension of Deadline for the Preliminary Results of Antidumping 
Duty Administrative Review,'' dated January 7, 2014.
    \13\ Id.
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Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, TMI submitted a 
timely-filed certification 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's claim of no 
shipments. Further, on January 6, 2014, the Department released to 
interested parties the results of a CBP query that it intended to use 
for corroboration of TMI's no shipment claims.\14\ The Department 
received no comments from interested parties concerning the results of 
the CBP query.
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    \14\ See CBP Query.
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    Based on TMI's certification and our analysis of CBP information, 
we preliminarily determine that TMI 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 this circumstance but, rather, to complete the review with 
respect to TMI and issue appropriate instructions to CBP based on the 
final results of the review.\15\
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    \15\ 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).
    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.\16\ 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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    \16\ 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. 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, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMI, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to TMI 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.

[[Page 18279]]

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 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: March 26, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-07257 Filed 3-31-14; 8:45 am]
BILLING CODE 3510-DS-P