Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 5087 

1See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 79 FR 44740 

(August 1, 2014). 

2See Letter from the petitioners to the 

Department, ‘‘Polyethylene Retail Carrier Bags From 

the People’s Republic of China: Request for 

Administrative Review’’ (August 29, 2014). 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 79 FR 

58729 (September 30, 2014). 

4See Letter from the petitioners to the 

Department, ‘‘Polyethylene Retail Carrier Bags From 

the People’s Republic of China: Withdrawal of 

Request for Administrative Review’’ (December 16, 

2014). 

1The 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, 79 FR 36462 

(June 27, 2014) (‘‘Initiation Notice’’). In the 2011– 

2012 review of the order, the Department 

Continued 

administrative protective order (‘‘APO’’) 

of their responsibility concerning the 

return or destruction of proprietary 

information disclosed under APO in 

accordance with 19 CFR 351.305(a)(3), 

which continues to govern business 

proprietary information in this segment 

of the proceeding. 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 

violation which is subject to sanction. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Tariff Act of 1930, as 

amended, and 19 CFR 351.213(d)(4). 

Dated: January 23, 2015. 

Christian Marsh, 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2015–01812 Filed 1–29–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–886] 

Polyethylene Retail Carrier Bags From 

the People’s Republic of China: 

Rescission of Antidumping Duty 

Administrative Review; 2013–2014 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: January 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jerrold Freeman or Minoo Hatten AD/

CVD Operations Office I, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone: (202) 482–0180 and (202) 

482–1690, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 1, 2014, the Department of 

Commerce (the Department) published a 

notice of opportunity to request an 

administrative review of the 

antidumping duty order on 

polyethylene retail carrier bags (PRCBs) 

from the People’s Republic of China 

(PRC) for the period of review (POR) 

August 1, 2013, through July 31, 2014.1

On August 29, 2014, the petitioners, the 

Polyethylene Retail Carrier Bag 

Committee and its individual members, 

Hilex Poly Co., LLC, and Superbag 

Corporation, requested an 

administrative review of the order with 

respect to Dongguan Nozawa Plastics 

Products Co., Ltd. and United Power 

Packaging, Ltd. (collectively, Nozawa).2

On September 30, 2014, in accordance 

with section 751(a) of the Tariff Act of 

1930, as amended (Act) and 19 CFR 

351.221(c)(1)(i), we initiated an 

administrative review of the order on 

PRCBs from the PRC with respect to 

Nozawa.3 On December 16, 2014, the 

petitioners timely withdrew their 

request for an administrative review of 

Nozawa.4

Rescission of Review 

Pursuant to 19 CFR 351.213(d)(1), the 

Department will rescind an 

administrative review, ‘‘in whole or in 

part, if a party that requested a review 

withdraws the request within 90 days of 

the date of publication of notice of 

initiation of the requested review.’’ The 

petitioners withdrew their request for 

review within the 90-day time limit. 

Because we received no other requests 

for review of Nozawa and no other 

requests for the review of the order on 

PRCBs from the PRC with respect to 

other companies subject to the order, we 

are rescinding the administrative review 

of the order in full in accordance with 

19 CFR 351.213(d)(1). 

Assessment 

The Department will instruct U.S. 

Customs and Border Protection (CBP) to 

assess antidumping duties on all 

appropriate entries of PRCBs from the 

PRC during the POR at rates equal to the 

cash deposit or bonding rate of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 

351.212(c)(1)(i). The Department 

intends to issue appropriate assessment 

instructions to CBP 15 days after 

publication of this notice in the Federal 

Register. 

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 review period. Failure to 

comply with this requirement could 

result in the Department’s presumption 

that reimbursement of antidumping 

duties occurred and the subsequent 

assessment of doubled antidumping 

duties. 

Notification Regarding 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 the terms of an 

APO is a sanctionable violation. 

This notice is issued and published in 

accordance with sections 751(a)(1) and 

777(i)(1) of the Act and 19 CFR 

351.213(d)(4). 

Dated: January 23, 2015. 

Christian Marsh 

Deputy Assistant Secretary for Antidumping 

and Countervailing Duty Operations. 

[FR Doc. 2015–01813 Filed 1–29–15; 8:45 am] 

BILLING CODE 3510–DS–P 

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; 2013–2014 

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, 2013, through April 

30, 2014. This review covers one PRC 

company, Tianjin Magnesium 

International, Co., Ltd. (‘‘TMI’’) and 

Tianjin Magnesium Metal Co., Ltd. 

(‘‘TMM’’) (collectively ‘‘TMI/TMM’’).1


asabaliauskas on DSK5VPTVN1PROD with NOTICES
5088 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 

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 instant 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 2012–2013 no shipments 

review (see Pure Magnesium from the People’s 

Republic of China: Final Results of Antidumping 

Duty Administrative Review; 2012–2013, 79 FR 

29416 (May 22, 2014)). 

2See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 79 FR 24670, 

24671 (May 1, 2014). 

3See letter from U.S. Magnesium, ‘‘Pure 

Magnesium from the People’s Republic of China: 

Request for Administrative Review,’’ dated June 2, 

2014. 

4See Initiation Notice. 

5See 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. 

6See Memorandum to the File, ‘‘2013–2014 

Administrative Review of Pure Magnesium from the 

People’s Republic of China: U.S. Customs and 

Border Protection Data,’’ dated December 17, 2014 

(‘‘CBP Data Query’’). 

7See Memo to the File entitled, ‘‘Transmit No 

Shipment Inquiry to the File,’’ dated December 16, 

2014, containing Customs Message # 4308302 

(‘‘CBP No Shipment Inquiry’’). 

8See CBP Data Query. 

9See CBP No Shipment Inquiry. 

10See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694 (October 24, 2011) and the ‘‘Assessment 

Rates’’ section, below. 

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. 

DATES: Effective Date: January 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

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) 

482–5848. 

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, 2014, 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, 2013 through April 30, 2014.2

On June 2, 2014, 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 27, 

2014, 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 22 and 

23, 2014, 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

On December 17, 2014, 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 November 4, 2014, 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. 

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,8

CBP did not provide any evidence that 

contradicts TMI or TMM’s claim of no 

shipments,9 and no interested party 

provided comment concerning the 

results of the CBP query. 

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 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.10


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Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Notices 5089 

11On November 24, 2014, Enforcement and 

Compliance changed the name of Enforcement and 

Compliance’s AD and CVD Centralized Electronic 

Service System (‘‘IA ACCESS’’) to AD and CVD 

Centralized Electronic Service System (‘‘ACCESS’’). 

The Web site location was changed from http://

iaaccess.trade.gov to http://access.trade.gov. The 

Final Rule changing the references to the 

Regulations can be found at 79 FR 69046 

(November 20, 2014). 

12See 19 CFR 351.310(c). 

13For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

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 

(‘‘ACCESS’’).11 ACCESS is available to 

registered users at http://

access.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, 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. 

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

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 nonPRC 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 nonPRC 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: January 22, 2015. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2015–01814 Filed 1–29–15; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–019] 

Countervailing Duty Investigation of 

Boltless Steel Shelving Units 

Prepackaged for Sale From the 

People’s Republic of China: 

Preliminary Determination and 

Alignment of Final Determination With 

Final Antidumping Duty Determination 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(the ‘‘Department’’) preliminarily 

determines that countervailable 

subsidies are being provided to 

producers and exporters of boltless steel 

shelving units prepackaged for sale 

(‘‘boltless steel shelves’’) from the 

People’s Republic of China (the ‘‘PRC’’). 

We invite interested parties to comment 

on this preliminary determination. 

DATES: Effective Date: January 30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Susan Pulongbarit or Paul Walker, AD/ 

CVD Operations, Office V, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC 20230; 

telephone 202.482.4031 or 

202.482.0413, respectively. 

SUPPLEMENTARY INFORMATION: 

Scope of the Investigation 

The scope of the investigation covers 

boltless steel shelving units 

prepackaged for sale, with or without 

decks. The term ‘‘prepackaged for sale’’ 

means that, at a minimum, the steel 

vertical supports (i.e., uprights and 

posts) and steel horizontal supports (i.e., 

beams, braces) necessary to assemble a 

completed shelving unit (with or 

without decks) are packaged together for 

ultimate purchase by the end-user. The 

scope also includes add-on kits. Add-on 

kits include, but are not limited to, kits 


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