[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Notices]
[Pages 29416-29417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11894]


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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; 2012-2013

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

DATES: Effective Date: May 22, 2014.

SUMMARY: On February 25, 2014, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order on pure 
magnesium from the People's Republic of China (``PRC'') covering the 
period May 1, 2012 through April 30, 2013.\1\ This review covers one 
PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'') and 
Tianjin Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'').\2\ The Department gave interested parties an opportunity to 
comment on the Preliminary Results, but we received no comments. Hence, 
these final results are unchanged from the Preliminary Results and we 
continue to find that TMI/TMM did not have reviewable entries during 
the period of review (``POR'').
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    \1\ See Pure Magnesium From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 10473 (February 25, 2014) (``Preliminary Results'').
    \2\ 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 
review covers the single TMM/TMI entity.

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-
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4243 or (202) 482-5848, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On February 25, 2014, the Department published the Preliminary 
Results of the instant review.\3\ TMI and TMM each submitted timely-
filed certifications indicating that it had no shipments of subject 
merchandise to the United States during the POR.\4\ In addition, in 
response to the Department's query, U.S. Customs and Border Protection 
(``CBP'') did not provide any evidence that contradicted TMI or TMM's 
claim of no shipments.\5\ The Department received no comments from 
interested parties concerning the results of the CBP query. Therefore, 
based on TMI and TMM's certification and our analysis of CBP 
information, we preliminarily determined that the single TMI/TMM entity 
did not have any reviewable entries during the POR.\6\ We invited 
interested parties to comment on the Preliminary Results.\7\ We 
received no comments from interested parties.
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    \3\ See Preliminary Results.
    \4\ 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.
    \5\ Preliminary Results, 79 FR 10474.
    \6\ Id.
    \7\ Id.
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    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').

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,

[[Page 29417]]

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.

Final Determination of No Shipments

    As explained above, in the Preliminary Results, the Department 
found that TMI/TMM did not have reviewable entries during the POR.\8\ 
Also in the Preliminary Results, the Department stated that 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.\9\
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    \8\ Preliminary Results, 79 FR 10474.
    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment 
Practice Refinement'') and the ``Assessment Rates'' section, below.
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    After issuing the Preliminary Results, the Department received no 
comments from interested parties, nor has it received any information 
that would cause it to revisit its preliminary determination. 
Therefore, for these final results, the Department continues to find 
that TMI/TMM did not have any reviewable entries during the POR.

Assessment Rates

    The Department determined, and CBP shall assess, antidumping duties 
on all appropriate entries of subject merchandise in accordance with 
the final results of this review.\10\ The Department intends to issue 
assessment instructions to CBP 15 days after the date of publication of 
these final results of review.
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    \10\ See 19 CFR 351.212(b).
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    Additionally, consistent with the Department's refinement to its 
assessment practice in NME cases, because the Department determined 
that TMI/TMM had no shipments of subject merchandise during the POR, 
any suspended entries that entered under TMI/TMM's antidumping duty 
case numbers (i.e., at those exporters' rates) will be liquidated at 
the PRC-wide rate.\11\
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    \11\ See Assessment Practice Refinement, 76 FR 65694.
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For TMI/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 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 111.73 percent;\12\ 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.
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    \12\ See Pure Magnesium From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 73 FR 76336 
(December 16, 2008).
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Notification to Importers

    This notice 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 antidumping duties occurred and the subsequent 
assessment of double 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 disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). 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 sanctionable 
violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 8, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-11894 Filed 5-21-14; 8:45 am]
BILLING CODE 3510-DS-P