1834 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

1See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 77 FR 19621 

(April 2, 2012). 

2See letter from U.S. Magnesium, ‘‘Magnesium 

Metal from the People’s Republic of China: Request 

for Administrative Review,’’ dated April 30, 2012. 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Review, 77 FR 

31568 (May 29, 2012). 

4See 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. 

5See 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’’). 

6See Customs Message # 2202305, ‘‘No 

Shipments Inquiry,’’ dated July 20, 2012. 

7See Memorandum to the File, ‘‘Magnesium 

Metal From the People’s Republic of China: Tolling 

of Deadlines,’’ dated November 1, 2012. 8See CBP Query. 

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

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. 

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

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. 

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:// 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1835 

9See 19 CFR 351.310(c). 

1See Initiation of Antidumping Duty and 

Countervailing Duty Administrative Reviews and 

Requests for Revocation in Part, 77 FR 4759 

(January 24, 2012) (Initiation Notice). 

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. 

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 nonPRC 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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–891] 

Hand Trucks and Certain Parts Thereof 

From the People’s Republic of China: 

Preliminary Results of the 2010–2011 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 9, 2013. 

SUMMARY: The Department of Commerce 

(the Department) is currently 

conducting an administrative review of 

the antidumping duty order on hand 

trucks and certain parts thereof (hand 

trucks) from the People’s Republic of 

China (PRC) covering the period of 

review (POR) of December 1, 2010, 

through November 30, 2011. We 

preliminarily determine that sales made 

by New-Tec Integration (Xiamen) Co., 

Ltd. (New-Tec) were below normal 

value (NV). In addition, we are not 

rescinding this review with respect to 

WelCom Products, Inc. (WelCom), 

Yangjiang Shunhe Industrial Co., Ltd. 

and Yangjiang Shunhe Industrial & 

Trade Co., Ltd. (collectively, Shunhe), 

and Yuhuan Tongsheng Industry 

Company (Tongsheng) at this time (see 

‘‘Intent Not to Rescind in Part,’’ infra). 

We invite interested parties to comment 

on these preliminary results. 

FOR FURTHER INFORMATION CONTACT: 

Scott Hoefke, or Robert James, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–4947 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The merchandise subject to the order 

consists of hand trucks manufactured 

from any material, whether assembled 

or unassembled, complete or 

incomplete, suitable for any use, and 

certain parts thereof, namely the vertical 

frame, the handling area and the 

projecting edges or toe plate, and any 

combination thereof. They are typically 

imported under heading 8716.80.50.10 

of the Harmonized Tariff Schedule of 

the United States (HTSUS), although 

they may also be imported under 

heading 8716.80.50.90. and 

8716.90.50.60. Although the HTSUS 

subheadings are provided for 

convenience and customs purposes 

only, the written product description, 

available in Notice of Antidumping Duty 

Order: Hand Trucks and Certain Parts 

Thereof From the People’s Republic of 

China, 69 FR 70122 (December 2, 2004), 

remains dispositive. 

Intent Not To Rescind Review in Part 

For those companies named in the 

Initiation Notice 1 for which all review 

requests have been withdrawn, but 

which have not previously received 

separate rate status, the Department’s 

practice is to refrain from rescinding the 

review with respect to these companies 

at this time. Both Tongsheng and 

WelCom timely withdrew their requests 

for review. While the requests for 

review were timely withdrawn, the 

companies remain part of the PRC-wide 

entity. Additionally, we preliminarily 

find that Shunhe has no reviewable 

entries at this time. Although the PRCVerDate Mar<15>2010 16:39 Jan 08, 2013 Jkt 229001 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1

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