[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1834-1835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00270]



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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2011-2012

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (``Department'') is conducting the 
administrative review of the antidumping duty order on magnesium metal 
from the People's Republic of China (``PRC''). The period of review 
(``POR'') is April 1, 2011, through March 31, 2012. This review covers 
one PRC company, Tianjin Magnesium International, Co., Ltd. (``TMI''). 
The Department preliminarily finds that TMI did not have reviewable 
transactions during the POR.

DATES: Effective Date: January 9, 2013.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Eugene Degnan, AD/
CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4243 or (202) 482-0414, respectively.

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.

Background

    On April 2, 2012, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
magnesium metal from the PRC for the period April 1, 2011 through March 
31, 2012.\1\ On April 30, 2012, 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.\2\ On May 29, 2012, 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.\3\ 
On June 1, 2012, TMI submitted a letter to the Department certifying 
that it did not export magnesium metal for consumption in the United 
States during the POR.\4\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 77 FR 19621 (April 2, 2012).
    \2\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated April 30, 2012.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Review, 77 FR 31568 (May 29, 2012).
    \4\ See letter from TMI, ``Magnesium Metal from the People's 
Republic of China; A-570-896; Certification of No Sales by Tianjin 
Magnesium International, Co., Ltd.,'' dated June 1, 2012, at 1.
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    On July 17, 2012, 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.\5\ This information indicates 
that there were no entries of subject merchandise during the POR that 
had been exported by TMI. In addition, on July 20, 2012, we notified 
CBP that we were in receipt of a no-shipment certification from TMI and 
requested CBP to report any contrary information within 10 days.\6\ CBP 
did not report any contrary information.
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    \5\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: Transmittal of U.S. Customs and Border 
Protection Information to the File,'' dated July 17, 2012 (``CBP 
Query'').
    \6\ See Customs Message <greek-i> 2202305, ``No Shipments 
Inquiry,'' dated July 20, 2012.
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    As explained in the memorandum from the Assistant Secretary for 
Import Administration, the Department has exercised its discretion to 
toll deadlines for the duration of the closure of the Federal 
Government from October 29, through October 30, 2012. Thus, all 
deadlines in this segment of the proceeding have been extended by two 
days. The revised deadline for the preliminary results of review is 
Wednesday, January 2, 2013, and the revised deadline for the final 
results of review is Thursday, May 2, 2013.\7\
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    \7\ See Memorandum to the File, ``Magnesium Metal From the 
People's Republic of China: Tolling of Deadlines,'' dated November 
1, 2012.
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Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, TMI submitted a 
timely-filed certification 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's claim of no 
shipments.\8\ Further, on July 17, 2012, the Department released to 
interested parties the results of a CBP query that it intended to use 
for corroboration of TMI's no shipment claims. The Department received 
no comments from interested parties concerning the results of the CBP 
query.
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    \8\ See CBP Query.
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    Based on TMI's certification and our analysis of CBP information, 
we preliminarily determine that TMI did not have any reviewable 
transactions during the POR. In addition, the Department finds that 
consistent with its recently announced refinement to its assessment 
practice in 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 and issue appropriate instructions to CBP based on the 
final results of the review. 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).
    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 Import Administration, 
U.S. Department of Commerce, filed electronically using Import 
Administration's Antidumping and Countervailing Duty Centralized 
Electronic Service System (``IA ACCESS''). IA ACCESS is available to 
registered users at http://

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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.\9\ 
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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    \9\ 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. 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, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to TMI 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 of 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: December 14, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2013-00270 Filed 1-8-13; 8:45 am]
BILLING CODE 3510-DS-P