[Federal Register Volume 80, Number 89 (Friday, May 8, 2015)]
[Notices]
[Pages 26541-26542]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11217]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2013-2014
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
DATES: Effective Date: May 8, 2015.
SUMMARY: On January 30, 2015, the Department of Commerce (``the
Department'') published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order on pure
magnesium from the People's Republic of China (``PRC''), covering the
period May 1, 2013, through April 31, 2014.\1\ This review covers one
PRC exporter, Tianjin Magnesium International, Co., Ltd. (``TMI'') and
Tianjin Magnesium Metal, Co., Ltd. (``TMM'') (collectively ``TMI/
TMM''). 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/TMM did not have reviewable entries during
the period of review (``POR'').
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\1\ See Pure Magnesium From the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2013-
2014, 80 FR 5087 (January 30, 2015) (``Preliminary Results'').
FOR FURTHER INFORMATION CONTACT: Brendan Quinn 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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5848 or (202) 482-1442, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 30, 2015, the Department published the Preliminary
Results of the instant review.\2\ TMI/TMM submitted timely-filed
certifications indicating that they 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/TMM's
claims of no shipments.\4\ The Department received no comments from
interested parties concerning the results of the CBP query. Therefore,
based on TMI/TMM's certification and our analysis of CBP information,
we preliminarily determined that TMI/TMM 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 TMM, ``Pure Magnesium from the People's
Republic of China; A-570-832; Certification of No Sales by Tianjin
Magnesium Metal, Co., Ltd.,'' dated July 23, 2014; 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 July 22, 2014.
\4\ See Preliminary Results, 80 FR at 5088.
\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
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, the
written description of the scope is dispositive.
Final Determination of No Shipments
As explained above, in the Preliminary Results, the Department
found that TMI/TMM did not have reviewable entries during the POR.\7\
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\7\ See Preliminary Results, 80 FR at 5088.
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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 results. Therefore, for
these final results, the Department continues to find that TMI/TMM 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.\8\ The Department intends to issue
assessment instructions to CBP 15 days after the
[[Page 26542]]
date of publication of these final results of review.
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\8\ 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/TMM had no shipments of subject merchandise during the POR,
any suspended entries that entered under TMI/TMM's antidumping duty
case number (i.e., at that exporter's rate) will be liquidated at the
PRC-wide rate.\9\
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\9\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment
Practice Refinement'').
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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/TMM, which claimed no shipments,
the 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 111.73 percent; \10\ 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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\10\ 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).
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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: April 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-11217 Filed 5-7-15; 8:45 am]
BILLING CODE 3510-DS-P