[Federal Register Volume 79, Number 119 (Friday, June 20, 2014)]
[Notices]
[Pages 35310-35312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14481]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal 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: June 20, 2014.

SUMMARY: On April 1, 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 magnesium

[[Page 35311]]

metal from the People's Republic of China (``PRC'') covering the period 
April 1, 2012 through March 31, 2013.\1\ This review covers one PRC 
company, Tianjin Magnesium International, Co., Ltd. (``TMI''). 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 did not have reviewable entries during the period of 
review (``POR'').
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    \1\ See Magnesium Metal From the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2012-
2013, 79 FR 18277 (April 1, 2014) (``Preliminary Results'').

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Erin Begnal, 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) 482-1442, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2014, the Department published the Preliminary Results 
of the instant review.\2\ TMI submitted a timely-filed certification 
indicating that it had no shipments of subject merchandise to the 
United States during the POR.\3\ In addition, in response to the 
Department's query, U.S. Customs and Border Protection (``CBP'') did 
not provide any evidence that contradicted TMI's claim of no 
shipments.\4\ The Department received no comments from interested 
parties concerning the results of the CBP query. Therefore, based on 
TMI's certification and our analysis of CBP information, we 
preliminarily determined that TMI did not have any reviewable entries 
during the POR.\5\ We invited interested parties to comment on the 
Preliminary Results.\6\ We received no comments from interested 
parties.
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    \2\ Id.
    \3\ 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} .
    \4\ See Preliminary Results, 79 FR at 18278.
    \5\ Id.
    \6\ 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

    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'' \7\ 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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    \7\ 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'' \8\; (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.\9\
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    \8\ 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).
    \9\ 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.

Final Determination of No Shipments

    As explained above, in the Preliminary Results, the Department 
found that TMI did not have reviewable entries during the POR.\10\ Also 
in the Preliminary Results, the Department stated 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 and to issue appropriate instructions to CBP based 
on the final results of the review.\11\
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    \10\ See Preliminary Results, 79 FR at 18278.
    \11\ 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 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.\12\ The Department intends to issue 
assessment instructions to CBP 15 days after the

[[Page 35312]]

date of publication of these final results of review.
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    \12\ 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 had no shipments of subject merchandise during the POR, any 
suspended entries that entered under TMI's antidumping duty case number 
(i.e., at that exporter's rate) will be liquidated at the PRC-wide 
rate.\13\
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    \13\ 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, 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; \14\ 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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    \14\ See Notice of Antidumping Duty Order: Magnesium Metal From 
the People's Republic of China, 70 FR 19928 (April 15, 2005).
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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: June 16, 2014.
Lynn Fischer Fox,
Deputy Assistant Secretary for Policy and Negotiations.
[FR Doc. 2014-14481 Filed 6-19-14; 8:45 am]
BILLING CODE 3510-DS-P