Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices 1017 

1See Antidumping Duty Order: Pure Magnesium 

in Granular Form from the People’s Republic of 

China, 66 FR 57936 (November 19, 2001) (Order). 

2See Initiation of Five-Year (‘‘Sunset’’) Review, 82 

FR 42073 (September 6, 2017). 

3See letter from US Magnesium, ‘‘Third FiveYear (‘‘Sunset’’) Review of Antidumping Duty 

Order On Pure Magnesium in Granular Form From 

The People’s Republic Of China/US Magnesium’s 

Notice Of Intent To Participate,’’ dated September 

18, 2017. 

4 Id. 

5See letter from US Magnesium, ‘‘Third Five-year 

(‘‘Sunset’’) Review of the Antidumping Duty Order 

on Pure Magnesium in Granular Form from the 

People’s Republic of China/Response of US 

Magnesium LLC to the Notice of Initiation,’’ dated 

October 2, 2017 (US Magnesium’s Substantive 

Response). 

6See Notice of Antidumping Duty Orders: Pure 

Magnesium from the People’s Republic of China, 

the Russian Federation and Ukraine; Notice of 

Amended Final Determination of Sales at Less 

Than Fair Value: Antidumping Duty Investigation 

of Pure Magnesium from the Russian Federation, 60 

FR 25691 (May 12, 1995). 

7The meaning of this term is the same as that 

used by the American Society for Testing and 

Materials in its Annual Book of ASTM Standards: 

Volume 01.02 Aluminum and Magnesium Alloys. 

8See Commerce’s memorandum, ‘‘Issues and 

Decision Memorandum for the Final Results of the 

Expedited Third Sunset Review of the Antidumping 

Duty Order on Pure Magnesium in Granular Form 

from the People’s Republic of China,’’ dated 

concurrently with this notice (Issues and Decision 

Memorandum). 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–864] 

Pure Magnesium in Granular Form 

From the People’s Republic of China: 

Final Results of Expedited Third 

Sunset Review of the Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: As a result of this sunset 

review, the Department of Commerce 

(Commerce) finds that revocation of the 

antidumping duty (AD) order on pure 

magnesium in granular form from the 

People’s Republic of China (China) 

would be likely to lead to continuation 

or recurrence of dumping at the 

dumping margins identified in the 

‘‘Final Results of Review’’ section of this 

notice. 

DATES: Applicable January 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Degreenia, AD/CVD Operations, 

Office III, Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–6430. 

SUPPLEMENTARY INFORMATION: 

Background 

On September 6, 2017, Commerce 

published the notice of initiation of the 

third sunset review of the antidumping 

duty order 1 on pure magnesium in 

granular form from China, pursuant to 

section 751(c) of the Tariff Act of 1930, 

as amended (the Act).2 On September 

18, 2017, Commerce received notice of 

intent to participate on behalf of US 

Magnesium LLC (US Magnesium), 

within the applicable deadline specified 

in 19 CFR 351.218(d)(1)(i).3 US 

Magnesium claimed interested party 

status under section 771(9)(C) of the 

Act, as a manufacturer of pure 

magnesium in granular form in the 

United States.4 On October 2, 2017, 

Commerce received a complete 

substantive response from the domestic 

interested party within the 30-day 

deadline specified in 19 CFR 

351.218(d)(3)(i).5 We received no 

substantive response from a respondent 

interested party in this proceeding. As 

a result, pursuant to 19 CFR 

351.218(e)(1)(ii)(C), Commerce 

conducted an expedited, 120-day, 

sunset review of this Order. 

Scope of the Order 

There is an existing antidumping duty 

order on pure magnesium from the 

People’s Republic of China.6 The scope 

of this Order excludes pure magnesium 

that is already covered by the existing 

Order on pure magnesium in ingot form, 

and currently classifiable under item 

numbers 8104.11.00 and 8104.19.00 of 

the Harmonized Tariff Schedule of the 

United States (HTSUS). 

The scope of this order includes 

imports of pure magnesium products, 

regardless of chemistry, including, 

without limitation, raspings, granules, 

turnings, chips, powder, and briquettes, 

except as noted above. 

Pure magnesium includes: (1) 

Products that contain at least 99.95 

percent primary magnesium, by weight 

(generally referred to as ‘‘ultra pure’’ 

magnesium); (2) products that contain 

less than 99.95 percent but not less than 

99.8 percent primary magnesium, by 

weight (generally referred to as ‘‘pure’’ 

magnesium); (3) chemical combinations 

of pure magnesium and other material(s) 

in which the pure magnesium content is 

50 percent or greater, but less than 99.8 

percent, by weight, that do not conform 

to an ‘‘ASTM Specification for 

Magnesium Alloy’’ 7 (generally referred 

to as ‘‘off specification pure’’ 

magnesium); and (4) physical mixtures 

of pure magnesium and other material(s) 

in which the pure magnesium content is 

50 percent or greater, but less than 99.8 

percent, by weight. Excluded from this 

Order are mixtures containing 90 

percent or less pure magnesium by 

weight and one or more of certain nonmagnesium granular materials to make 

magnesium-based reagent mixtures. The 

non-magnesium granular materials of 

which Commerce is aware used to make 

such excluded reagents are: Lime, 

calcium metal, calcium silicon, calcium 

carbide, calcium carbonate, carbon, slag 

coagulants, fluorspar, nephaline syenite, 

feldspar, aluminum, alumina (Al2O3), 

calcium aluminate, soda ash, 

hydrocarbons, graphite, coke, silicon, 

rare earth metals/mischmetal, cryolite, 

silica/fly ash, magnesium oxide, 

periclase, ferroalloys, dolomitic lime, 

and colemanite. A party importing a 

magnesium-based reagent which 

includes one or more materials not on 

this list is required to seek a scope 

clarification from Commerce before 

such a mixture may be imported free of 

antidumping duties. 

The merchandise subject to this Order 

is currently classifiable under item 

8104.30.00 of the HTSUS. Although the 

HTSUS subheading is provided for 

convenience and customs purposes, our 

written description of the scope of this 

Order is dispositive. 

Analysis of Comments Received 

All issues raised in this sunset review 

are addressed in the Issues and Decision 

Memorandum, which is hereby adopted 

by this notice.8 The issues discussed in 

the Issues and Decision Memorandum 

include the likelihood of continuation 

or recurrence of dumping and the 

magnitude of the margins likely to 

prevail if the Order was revoked. The 

Issues and Decision Memorandum is a 

public document and is on file 

electronically via 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. In addition, a 

complete version of the Issues and 

Decision Memorandum can be accessed 

at http://enforcement.trade.gov/frn/. 

The signed Issues and Decision 

Memorandum and the electronic 

version of the Issues and Decision 

Memorandum are identical in content. 

Final Results of Review 

Pursuant to section 751(c)(1) and 

752(c)(1) and (3) of the Act, Commerce 

determines that revocation of the AD 

Order would be likely to lead to 

continuation or recurrence of dumping, 

and that the magnitude of the dumping 

margins likely to prevail would be 


sradovich on DSK3GMQ082PROD with NOTICES
1018 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices 

1For a complete description of the scope of the 

order, see DOC Memorandum re: Decision 

Memorandum for the Preliminary Results of the 

2015–2016 Antidumping Duty Administrative 

Review of Crystalline Silicon Photovoltaic Cells, 

Whether or not Assembled into Modules, From the 

People’s Republic of China, issued concurrently 

with and hereby adopted by this notice 

(Preliminary Decision Memorandum). 

2See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

FR 65694, 65694–95 (October 24, 2011) and the 

‘‘Assessment Rates’’ section, below. 

3See Preliminary Decision Memorandum under 

the ‘‘Single Entity Treatment’’ section; see also DOC 

Memorandum: Affiliation and Single Entity Status 

of Changzhou Trina Solar Energy Co., Ltd., Trina 

Solar (Changzhou) Science and Technology Co., 

Ltd., Yancheng Trina Solar Energy Technology Co., 

Ltd., Changzhou Trina Solar Yabang Energy Co., 

Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei 

Trina Solar Energy Co., Ltd., and Trina Solar (Hefei) 

Science and Technology Co., Ltd., issued 

concurrently with and hereby adopted by this 

notice (Trina Collapsing Memorandum). 

weighted-average dumping margins up 

to 305.56 percent. 

Notification Regarding Administrative 

Protective Order 

This notice also serves as the only 

reminder to parties subject to 

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. 

Timely 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 sunset review and notice are in 

accordance with sections 751(c), 752, 

and 777(i)(1) of the Act. 

Dated: January 3, 2018. 

Christian Marsh, 

Deputy Assistant Secretary for Enforcement 

and Compliance. 

[FR Doc. 2018–00185 Filed 1–8–18; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–979] 

Crystalline Silicon Photovoltaic Cells, 

Whether or Not Assembled Into 

Modules, From the People’s Republic 

of China: Preliminary Results of 

Antidumping Duty Administrative 

Review and Preliminary Determination 

of No Shipments; 2015–2016 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) is conducting an 

administrative review of the 

antidumping duty order on crystalline 

silicon photovoltaic cells, whether or 

not assembled into modules (solar 

cells), from the People’s Republic of 

China (China). The period of review 

(POR) is December 1, 2015, through 

November 30, 2016. The administrative 

review covers one mandatory 

respondent: the collapsed entity 

Changzhou Trina Solar Energy Co., Ltd./ 

Trina Solar (Changzhou) Science and 

Technology Co., Ltd./Yancheng Trina 

Solar Energy Technology Co., Ltd./ 

Changzhou Trina Solar Yabang Energy 

Co., Ltd./Turpan Trina Solar Energy Co., 

Ltd./Hubei Trina Solar Energy Co., Ltd., 

which we have preliminarily 

determined to treat as a single entity 

with Trina Solar (Hefei) Science and 

Technology Co., Ltd (Trina). Commerce 

preliminarily finds that Trina sold 

subject merchandise in the United 

States at prices below normal value 

(NV) during the POR. Interested parties 

are invited to comment on these 

preliminary results. 

DATES: Applicable January 9, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Krisha Hill, AD/CVD Operations, Office 

IV, Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–4037. 

SUPPLEMENTARY INFORMATION: 

Scope of the Order 

The merchandise covered by the order 

is crystalline silicon photovoltaic cells, 

and modules, laminates, and panels, 

consisting of crystalline silicon 

photovoltaic cells, whether or not 

partially or fully assembled into other 

products, including, but not limited to, 

modules, laminates, panels and building 

integrated materials.1 Merchandise 

covered by this order is classifiable 

under subheadings 8501.61.0000, 

8507.20.80, 8541.40.6020, 8541.40.6030, 

and 8501.31.8000 of the Harmonized 

Tariff Schedule of the United States 

(HTSUS). Although the HTSUS 

subheadings are provided for 

convenience and customs purposes, our 

written description of the scope of the 

order is dispositive. 

Preliminary Determination of No 

Shipments 

We preliminarily determine that there 

is no evidence calling into question the 

no shipment claims of the following 

companies: De-Tech Trading Limited 

HK, Dongguan Sunworth Solar Energy 

Co., Ltd., Jiawei Solarchina Co., Ltd., 

Ningbo ETDZ Holdings, Ltd., Shenzhen 

Sungold Solar Co., Ltd., Taizhou BD 

Trade Co., Ltd., Toenergy Technology 

Hangzhou Co., Ltd., and Wuxi Tianran 

Photovoltaic Co., Ltd. For additional 

information regarding this 

determination, see the Preliminary 

Decision Memorandum. 

Consistent with an announced 

refinement to its assessment practice in 

non-market economy (NME) cases, 

Commerce is not rescinding this review 

with respect to these companies, but 

intends to complete the review of the 

companies for which it has 

preliminarily found no evidence of 

shipments and issue appropriate 

instructions to CBP based on the final 

results of the review.2

Preliminary Affiliation and Single 

Entity Determination 

We preliminarily find that Changzhou 

Trina Solar Energy Co., Ltd./Trina Solar 

(Changzhou) Science and Technology 

Co., Ltd./Yancheng Trina Solar Energy 

Technology Co., Ltd./Changzhou Trina 

Solar Yabang Energy Co., Ltd./Turpan 

Trina Solar Energy Co., Ltd./Hubei 

Trina Solar Energy Co., Ltd. (Trina), 

which we have preliminarily continued 

to treat as a single entity, is affiliated 

with Trina Solar (Hefei) Science and 

Technology Co., Ltd., pursuant to 

section 771(33)(F) of the Tariff Act of 

103 (the Act) and all of these companies 

should be treated as a single entity 

pursuant to 19 CFR 351.401(f)(1)-(2). For 

additional information, see the 

Preliminary Decision Memorandum and 

Trina Collapsing Memorandum.3

Use of Partial Facts Available (FA) and 

Partial Adverse Facts Available (AFA) 

Section 776(a) of the Act provides that 

Commerce shall apply FA if (1) 

necessary information is not on the 

record, or (2) an interested party or any 

other person (A) withholds information 

that has been requested, (B) fails to 

provide information within the 

deadlines established, or in the form 

and manner requested by Commerce, 

subject to subsections (c)(1) and (e) of 

section 782 of the Act, (C) significantly 

impedes a proceeding, or (D) provides 

information that cannot be verified as 

provided by section 782(i) of the Act. 

Section 776(b) of the Act further 

provides that Commerce may use an 

adverse inference in applying FA (i.e., 

AFA) when a party has failed to 

cooperate by not acting to the best of its 

ability to comply with a request for 

information. Such an adverse inference 

may include reliance on information 

derived from the petition, the final 

determination, a previous 


sradovich on DSK3GMQ082PROD with NOTICES