[Federal Register Volume 79, Number 102 (Wednesday, May 28, 2014)]
[Notices]
[Pages 30546-30547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12386]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Notice of 
Court Decision Not in Harmony With Final Results and Notice of Amended 
Final Results

SUMMARY: On February 5, 2014, the United States Court of Appeals for 
the Federal Circuit (``CAFC'') affirmed the judgment of the United 
States Court of International Trade (``CIT'') sustaining the Department 
of Commerce's (``the Department'') final results of redetermination 
pursuant to remand of the 2008-2009 antidumping duty administrative 
review of pure magnesium from the People's Republic of China (``PRC'') 
(``Remand Redetermination'').\1\ Consistent with the decision of the 
CAFC in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) 
(``Timken''), as clarified by Diamond Sawblades Mfrs. Coalition v. 
United States, 626 F.3d 1374 (CAFC 2010) (``Diamond Sawblades''), the 
Department is notifying the public that the final judgment in this case 
is not in harmony with the Department's Final Results and is amending 
the Final Results of the administrative review of pure magnesium from 
the PRC with respect to the margin assigned to Tianjin Magnesium 
International Co., Ltd. (``TMI'') covering the period of review 
(``POR'') May 1, 2008, through April 30, 2009.\2\
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    \1\ See Final Results Of Redetermination Pursuant To Remand 
issued by the Department of Commerce, Consol. Ct. No. 11-00006, Slip 
Op. 12-63 (CIT 2012), dated August 30, 2012.
    \2\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010); Amended Final Results of the 2008-2009 Antidumping Duty 
Administrative Review: Pure Magnesium from the People's Republic of 
China, 76 FR 7813 (February 11, 2011) (collectively, ``Final 
Results'').

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DATES: Effective Date: December 1, 2012.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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.

SUPPLEMENTARY INFORMATION: In the Final Results, TMI received a 
calculated margin based upon information it submitted during the 
review. TMI's margin was 0.80 percent.\3\ Both TMI and petitioner 
challenged the Final Results with respect to several issues. Upon 
review, the CIT remanded the Final Results, holding that the 
Department's ``decision not to apply total adverse facts available to 
TMI was not supported by substantial evidence in the record and was not 
in accord with the law.'' \4\ On remand, the Department reconsidered 
its findings and determined to apply total adverse facts available to 
TMI based upon its submission of falsified documents during the 
administrative review. The Department assigned TMI an adverse facts 
available rate of 111.73 percent, thereby replacing the rate of 0.80 
percent originally assigned. The CIT sustained the Department's remand 
results on November 21, 2012, making the effective date of this notice 
December 1, 2012.\5\ Furthermore, the CAFC recently affirmed the CIT's 
findings in a non-precedential order.\6\
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    \3\ See Amended Final Results.
    \4\ See Tianjin Magnesium Int'l v. United States, 844 F. Supp. 
2d 1342, 1344 (CIT May 16, 2012).
    \5\ See Tianjin Magnesium Int'l v. United States, 878 F. Supp. 
2d 1351 (CIT Nov. 21, 2012).
    \6\ See Tianjin Magnesium Int'l v. United States, 2014 U.S. App. 
LEXIS 2679 (Fed. Cir. Feb. 5, 2014) (non-precedential).
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Timken Notice

    In its decision in Timken, 893 F.2d at 341, as clarified by Diamond 
Sawblades, the CAFC held that, pursuant to section 516A(e) of the 
Tariff Act of 1930, as amended (``the Act''), the Department must 
publish a notice of a court decision that is not ``in harmony'' with a 
Department determination and must suspend liquidation of entries 
pending a ``conclusive'' court decision. The CIT's November 21, 2012 
judgment sustaining the Department's remand results with respect to TMI 
constitutes a final decision of that court that is not in harmony with 
the Department's Final Results. This notice is published in fulfillment 
of the publication requirements of Timken. Accordingly, the Department 
will continue the suspension of liquidation of the subject merchandise 
pending the expiration of the period of appeal, or if appealed, pending 
a final and conclusive court decision. The cash deposit rate will 
remain the company-specific rate established for the most recent period

[[Page 30547]]

during which the respondent was reviewed.\7\
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    \7\ 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).
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Amended Final Results

    Because there is now a final court decision, we are amending the 
Final Results with respect to TMI's margin for the period May 1, 2008 
through April 30, 2009. The revised weighted-average dumping margin is 
as follows:

------------------------------------------------------------------------
                                                               Percent
                         Exporter                              margin
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Tianjin Magnesium International Co., Ltd..................       111.73
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    In the event the CAFC's ruling is not appealed, the Department will 
instruct U.S. Customs and Border Protection to assess antidumping 
duties on entries of the subject merchandise exported by TMI during the 
POR using the revised assessment rate calculated by the Department in 
the Remand Redetermination.
    This notice is issued and published in accordance with sections 
516A(e)(1), 751(a)(1), and 777(i)(1) of the Act.

    Dated: May 16, 2014.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-12386 Filed 5-27-14; 8:45 am]
BILLING CODE 3510-DS-P