[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Notices]
[Pages 6504-6506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02425]
=======================================================================
-----------------------------------------------------------------------
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; 2014-2015
AGENCY: Enforcement and Compliance, 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, 2014, through April 30, 2015. This review covers
Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin
Magnesium Metal Co., Ltd. (``TMM'') (collectively ``TMI/
[[Page 6505]]
TMM'').\1\ The Department preliminarily finds that TMI/TMM did not have
reviewable entries during the POR. The Department invites interested
parties to comment on these preliminary results.
---------------------------------------------------------------------------
\1\ The Department initiated the instant review on both TMM and
TMI. See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 80 FR 37588, 37593 (July 1, 2015)
(``Initiation Notice''). In the 2011-2012 review of the order, the
Department determined TMM and TMI to be collapsed and treated as a
single company 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 preliminary results of this review cover the single TMM/TMI
company. This is consistent with the Department's treatment of the
single TMM/TMI company under identical circumstance in the prior
2013-2014 no shipments administrative review (see Pure Magnesium
from the People's Republic of China: Final Results of Antidumping
Duty Administrative Review; 2013-2014, 80 FR 26541 (May 8, 2015)).
---------------------------------------------------------------------------
DATES: Effective Date: February 8, 2016.
FOR FURTHER INFORMATION CONTACT: Shanah Lee, 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) 482-6386.
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.
Background
On May 1, 2015, 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 May 1, 2014 through April 30,
2015.\2\ On May 29, 2015, 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 July 1, 2015, 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 July
23 and 28, 2015, TMM and TMI, respectively, separately submitted
letters to the Department certifying that they did not export pure
magnesium for consumption in the United States during the POR.\5\
---------------------------------------------------------------------------
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 80 FR 24898 (May 1, 2015).
\3\ See letter from U.S. Magnesium, ``Pure Magnesium From the
People's Republic of China: Request for Administrative Review,''
dated May 29, 2015.
\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 July 23, 2015; see also letter
from TMI, ``Pure Magnesium from {t{time} he People's Republic of
China; A-570-832; Certification of No Sales by Tianjin Magnesium
International, Co., Ltd.,'' dated July 28, 2014. We note this letter
was timely filed and received on the record of the instant review on
July 28, 2015, and, as such, the July 28, 2014, date of this letter
was likely a typographical error.
---------------------------------------------------------------------------
On January 21, 2016, the Department placed on the record
information obtained in response to a 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 exported by
TMI or TMM. In addition, on December 5, 2015, the Department notified
CBP that it was 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.
---------------------------------------------------------------------------
\6\ See Memorandum to the File, ``2014-2015 Administrative
Review of Pure Magnesium from the People's Republic of China: U.S.
Customs and Border Protection Data,'' dated January 21, 2016 (``CBP
Data Query'').
\7\ See Memorandum to the File, ``Transmit No Shipment Inquiry
to the File,'' dated December 4, 2015, containing Customs Message
#527305 (``CBP No Shipment Inquiry'').
---------------------------------------------------------------------------
As explained in the memorandum from the Acting Assistant Secretary
for Enforcement & Compliance, the Department has exercised its
discretion to toll all administrative deadlines due to the recent
closure of the Federal Government. All deadlines in this segment of the
proceeding have been extended by four business days. The revised
deadline for the preliminary results of this review is now February 5,
2016.\8\
---------------------------------------------------------------------------
\8\ See Memorandum to the File from Ron Lorentzen, Acting A/S
for Enforcement & Compliance, ``Tolling of Administrative Deadlines
As a Result of the Government Closure During Snowstorm Jonas,''
dated January 27, 2016.
---------------------------------------------------------------------------
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.
The Department's review of CBP data supports this certification; \9\
CBP did not provide any evidence that contradicts TMI or TMM's claim of
no
[[Page 6506]]
shipments,\10\ and no interested party provided comment concerning the
results of the CBP query.
---------------------------------------------------------------------------
\9\ See CBP Data Query.
\10\ See CBP No Shipment Inquiry.
---------------------------------------------------------------------------
Therefore, based on TMI and TMM's certification and analysis
information of the record, the Department preliminarily determines that
TMI/TMM did not have any reviewable entries during the POR. In
addition, the Department finds that consistent with 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\
---------------------------------------------------------------------------
\11\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) and the
``Assessment Rates'' section, below.
---------------------------------------------------------------------------
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 must submit a written request to the Assistant
Secretary for Enforcement and Compliance, U.S. Department of Commerce.
All documents must be filed electronically using Enforcement and
Compliance's Antidumping and Countervailing Duty Centralized Electronic
Service System (``ACCESS''). ACCESS is available to registered users at
https://access.trade.gov, and to all parties in the Central Records
Unit, room B8024 of the main Department of Commerce building. An
electronically-filed request must be received successfully in its
entirety by 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.
---------------------------------------------------------------------------
\12\ See 19 CFR 351.310(c).
---------------------------------------------------------------------------
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\
---------------------------------------------------------------------------
\13\ For a full discussion of this practice, see Non-Market
Economy Antidumping Proceedings: Assessment of Antidumping Duties,
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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 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 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-02425 Filed 2-5-16; 8:45 am]
BILLING CODE 3510-DS-P