[Federal Register Volume 79, Number 37 (Tuesday, February 25, 2014)]
[Notices]
[Pages 10473-10475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04122]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2012-2013
AGENCY: Enforcement and Compliance, formerly Import Administration,
International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') is conducting an
administrative review of the antidumping duty order on pure magnesium
from the People's Republic of China (``PRC''). The period of review
(``POR'') is May 1, 2012, through April 30, 2013. This review covers
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI'')
and Tianjin Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'').\1\ The Department preliminarily finds that TMI/TMM did not have
reviewable entries during the POR. We invite interested parties to
comment on these preliminary results.
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\1\ 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
preliminary results of this review cover the single TMM/TMI entity.
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DATES: Effective Date: February 25, 2014.
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) 482-4243
or (202) 482-5848, respectively.
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, 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.
Background
On May 1, 2013, the Department published a notice of opportunity to
request an administrative review of the antidumping duty order on pure
magnesium from the PRC for the period
[[Page 10474]]
May 1, 2012 through April 30, 2013.\2\ On May 31, 2013, U.S. Magnesium
LLC (``U.S. Magnesium''), a domestic producer and Petitioner in the
underlying investigation of this case, made a timely request that the
Department conduct an administrative review of TMI and TMM.\3\ On June
28, 2013, in accordance with section 751(a) of the Tariff Act of 1930,
as amended (``the Act''), the Department published in the Federal
Register a notice of initiation of this antidumping duty administrative
review.\4\ On August 26 and August 27, 2013, TMM and TMI separately
submitted letters to the Department certifying that they did not export
pure magnesium for consumption in the United States during the POR.\5\
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\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 78 FR 25420, 25424 (May 1, 2013).
\3\ See letter from U.S. Magnesium, ``Pure Magnesium from the
People's Republic of China: Request for Administrative Review,''
dated May 31, 2013.
\4\ See Initiation Notice.
\5\ 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.
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On January 6, 2014, the Department placed on the record information
obtained in response to the Department's query to U.S. Customs and
Border Protection (``CBP'') concerning imports into the United States
of subject merchandise during the POR.\6\ This information indicates
that there were no entries of subject merchandise during the POR that
had been exported by TMI or TMM. In addition, on January, 8, 2014, we
notified CBP that we were in receipt of a no-shipment certification
from TMI and TMM and requested CBP to report any contrary information
within 10 days.\7\ CBP did not report any contrary information.
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\6\ See Memorandum to the File, ``2012-2013 Administrative
Review of Pure Magnesium from the People's Republic of China: U.S.
Customs and Border Protection Data,'' dated January 6, 2014 (``CBP
Query'').
\7\ See Customs Message 4008304, ``No Shipments
Inquiry,'' dated January 8, 2014.
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As explained in the memorandum from the Assistant Secretary for
Enforcement and Compliance, the Department has exercised its discretion
to toll deadlines for the duration of the closure of the Federal
Government from October 1, through October 16, 2013.\8\ Thus, all
deadlines in this segment of the proceeding have been extended by 16
days. The revised deadline for the preliminary results of review is
Tuesday, February 18, 2014.\9\
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\8\ See Memorandum to the File, ``Pure Magnesium From the
People's Republic of China: Tolling of Deadlines for Shutdown of the
Federal Government,'' dated December 29, 2013.
\9\ See id. Because Monday, February 17, 2014, is a federal
holiday, the deadline extended deadline becomes Tuesday, February
18, 2014, consistent with 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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Preliminary Determination of No Shipments
As noted in the ``Background'' section above, TMI and TMM each
submitted timely-filed certifications indicating that it had no
shipments of subject merchandise to the United States during the POR.
In addition, CBP did not provide any evidence that contradicts TMI or
TMM's claim of no shipments.\10\ The Department received no comments
from interested parties concerning the results of the CBP query.
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\10\ See CBP Query.
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Based on TMI and TMM's certification and our analysis of CBP
information, we preliminarily determine that the single TMI/TMM entity
did not have any reviewable entries during the POR. In addition, the
Department finds 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.\11\
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\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section, below.
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments within 30
days of the date of publication of this notice, pursuant to 19 CFR
351.309(c)(1)(ii). Rebuttal briefs, limited to issues raised in the
case briefs, will be due five days after the due date for case briefs,
pursuant to 19 CFR 351.309(d). Parties who submit case or rebuttal
briefs in this proceeding are requested to submit with each argument a
statement of the issue, a summary of the argument not to exceed five
pages, and a table of statutes, regulations, and cases cited, in
accordance with 19 CFR 351.309(c)(2) and (d)(2).
Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing or to participate if one is requested, must submit a
written request to the Assistant Secretary for Enforcement and
Compliance, U.S. Department of Commerce, filed electronically using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (``IA ACCESS''). IA ACCESS is
available to registered users at http://iaaccess.trade.gov and in the
Central Records Unit, room 7046 of the main Department of Commerce
building. An electronically filed document must be received
successfully in its entirety by the Department's electronic records
system, IA ACCESS, by 5:00 p.m. Eastern Standard Time, within 30 days
after the date of publication of this notice.\12\ Requests should
contain: (1) The party's name, address and telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case briefs. The Department intends to issue the final
results of this administrative review, including the results of its
analysis of the issues raised in any written briefs, not later than 120
days after the date of publication of this notice, pursuant to section
751(a)(3)(A) of the Act.
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\12\ See 19 CFR 351.310(c).
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Assessment Rates
Upon issuance of the final results, the Department will determine,
and CBP shall assess, antidumping duties on all appropriate entries
covered by this review. The Department intends to issue assessment
instructions to CBP 15 days after the publication date of the final
results of this review. Additionally, pursuant to a recently announced
refinement to its assessment practice in NME cases, if the Department
continues to determine 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.\13\
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\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
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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 entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which
claimed no shipments, the
[[Page 10475]]
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 141.49 percent; 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.
Notification to Importers
This notice also serves as a preliminary reminder to importers of
their responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement off antidumping duties prior to liquidation
of the relevant entries during this period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This administrative review and notice are in accordance with
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213.
Dated: February 14, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-04122 Filed 2-24-14; 8:45 am]
BILLING CODE 3510-DS-P