[Federal Register Volume 84, Number 78 (Tuesday, April 23, 2019)]
[Notices]
[Pages 16845-16846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08134]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-508-812]


Magnesium From Israel: Postponement of Preliminary Determination 
in the Less-Than-Fair-Value Investigation

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

DATES: Applicable April 23, 2019.

FOR FURTHER INFORMATION CONTACT: Bryan Hansen at (202) 482-3683, or 
Minoo Hatten at (202) 482-1690, AD/CVD Operations, Office I, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 
20230.

SUPPLEMENTARY INFORMATION: 

Background

    On November 13, 2018, the Department of Commerce (Commerce) 
initiated the less-than-fair-value (LTFV) investigation of imports of 
magnesium from Israel.\1\ Commerce exercised its discretion to toll all 
deadlines affected by the closure of the Federal Government from 
December 22, 2018, through January 28, 2019.\2\ Accordingly, the 
revised deadline for the preliminary

[[Page 16846]]

determination in this investigation is May 13, 2019.\3\
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    \1\ See Magnesium From Israel: Initiation of Less-Than-Fair-
Value Investigation, 83 FR 58533 (November 20, 2018) (Initiation 
Notice).
    \2\ See Memorandum, ``Deadlines Affected by the Shutdown of the 
Federal Government,'' dated January 28, 2019. All deadlines in this 
segment of the proceeding have been extended by 40 days.
    \3\ The deadline for the preliminary determination is normally 
140 days after we initiate an investigation. After tolling, this 
date is May 12, 2019, which is a Sunday. Commerce practice dictates 
that where a deadline falls on a weekend or Federal holiday, the 
appropriate deadline is the next business day (in this instance, May 
13, 2019). See 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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Postponement of Preliminary Determination

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the 
Act), requires Commerce to issue the preliminary determination in an 
LTFV investigation within 140 days after the date on which Commerce 
initiated the investigation. However, section 733(c)(1) of the Act 
permits Commerce to postpone the preliminary determination until no 
later than 190 days after the date on which Commerce initiated the 
investigation if: (A) The petitioner \4\ makes a timely request for a 
postponement; or (B) Commerce concludes that the parties concerned are 
cooperating, that the investigation is extraordinarily complicated, and 
that additional time is necessary to make a preliminary determination. 
Under 19 CFR 351.205(e), the petitioner must submit a request for 
postponement 25 days or more before the scheduled date of the 
preliminary determination and must state the reasons for the request. 
Commerce will grant the request unless it finds compelling reasons to 
deny the request.
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    \4\ The petitioner is US Magnesium LLC.
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    On April 9, 2019, the petitioner submitted a timely request that 
Commerce postpone the preliminary determination in this LTFV 
investigation.\5\ The petitioner stated that it requests postponement 
of the preliminary determination of this investigation because the 
initial questionnaire responses submitted by Dead Sea Magnesium, Ltd. 
are substantially deficient and it may not be possible for Commerce to 
obtain usable corrected responses within the current schedule.\6\
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    \5\ See Letter from the petitioner, ``Re: Magnesium from Israel: 
Petitioner's Request For Postponement Of The Preliminary 
Determination,'' dated April 9, 2019 (Request for Postponement).
    \6\ See Request for Postponement.
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    Because there are no compelling reasons to deny the request, 
Commerce, in accordance with section 733(c)(1)(A) of the Act, is 
postponing the deadline for the preliminary determination by 50 days 
(i.e., 190 days after the date on which this investigation was 
initiated plus 40 days for tolling). As a result, Commerce will issue 
its preliminary determination no later than July 1, 2019. In accordance 
with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the 
deadline for the final determination of this investigation will 
continue to be 75 days after the date of publication of the preliminary 
determination, unless postponed at a later date.
    This notice is issued and published pursuant to section 733(c)(2) 
of the Act and 19 CFR 351.205(f)(1).

    Dated: April 17, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-08134 Filed 4-22-19; 8:45 am]
 BILLING CODE 3510-DS-P