[Federal Register Volume 78, Number 90 (Thursday, May 9, 2013)]
[Notices]
[Pages 27185-27186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-11056]
=======================================================================
-----------------------------------------------------------------------
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; 2011-2012
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On January 9, 2013, the Department of Commerce (the
``Department'') published the Preliminary Results \1\ of the 2011-2012
administrative review of the antidumping duty order on magnesium metal
from the People's Republic of China (``PRC''), in which it found that
the one respondent company, Tianjin Magnesium International, Co., Ltd
(``TMI''), had no shipments during the period of review (``POR''). The
POR is April 1, 2011, through March 31, 2012. We gave interested
parties an opportunity to comment on the Preliminary Results, but none
were received. Therefore, we continue to find that TMI had no
reviewable transactions of subject merchandise during the POR.
---------------------------------------------------------------------------
\1\ See Magnesium Metal from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2011-
2012, 78 FR 1834 (January 9, 2013) (``Preliminary Results'').
---------------------------------------------------------------------------
DATES: Effective Date: May 9, 2013.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
Department of Commerce, 14th Street and Constitution Avenue NW,
Washington, DC 20230; telephone: (202) 482-4243.
SUPPLEMENTARY INFORMATION:
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. 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 number is
provided for convenience and customs purposes, the written product
description, available in Notice of Antidumping Duty Order: Magnesium
Metal From the People's Republic of China, 70 FR 19928 (April 15,
2005), remains dispositive.
Final Finding of No Shipments
As in the Preliminary Results, because TMI submitted a timely no-
shipment certification and U.S. Customs and Border Protection (``CBP'')
data indicated that there were no reviewable transactions for this
company during the POR, we continue to find that TMI had no reviewable
transactions of subject merchandise.\2\
---------------------------------------------------------------------------
\2\ See Preliminary Results.
---------------------------------------------------------------------------
Assessment
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries.
The Department intends to issue assessment instructions to CBP 15 days
after the date of publication of the final results of review. The
Department recently announced a refinement to its assessment practice
in non-market economy cases.\3\ Pursuant to this refinement in
practice, for entries that were not reported in the U.S. sales
databases submitted by companies individually examined during this
review, the Department will instruct CBP to liquidate such entries at
the PRC-wide rate. In addition, if the Department determines 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.\4\
---------------------------------------------------------------------------
\3\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
\4\ See id.
---------------------------------------------------------------------------
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 from the PRC entered, or withdrawn
from warehouse, for consumption on or after the publication date, as
provided by section 751(a)(2)(C) of the Tariff Act of 1930, as amended
(the ``Act''): (1) For previously investigated or reviewed PRC and non-
PRC exporters not listed above that received a separate rate in a prior
segment of this proceeding, the cash deposit rate will continue to be
the existing exporter-specific rate; (2) 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 that for the PRC-wide
entity; and (3) 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
[[Page 27186]]
exporter that supplied that non-PRC exporter. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under section 351.402(f) of the Department's regulations
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 has occurred and
the subsequent assessment of doubled 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 return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations, which continues to govern business
proprietary information in this segment of the proceeding. Timely
written notification of the return/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 violation which is
subject to sanction.
We are issuing and publishing these results and this notice in
accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: April 30, 2013.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-11056 Filed 5-8-13; 8:45 am]
BILLING CODE 3510-DS-P