69834 Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 

1The meaning of this term is the same as that 

used by the American Society for Testing and 

Materials in its Annual Book for ASTM Standards: 

Volume 01.02 Aluminum and Magnesium Alloys. 2The material is already covered by existing 

antidumping orders. See 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); and 

Antidumping Duty Order: Pure Magnesium in 

Granular Form From the People’s Republic of 

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

3This third exclusion for magnesium-based 

reagent mixtures is based on the exclusion for 

reagent mixtures in the 2000–2001 investigations of 

magnesium from China, Israel, and Russia. See 

Final Determination of Sales at Less Than Fair 

Value: Pure Magnesium in Granular Form From the 

People’s Republic of China, 66 FR 49345 

(September 27, 2001); Final Determination of Sales 

at Less Than Fair Value: Pure Magnesium From 

Israel, 66 FR 49349 (September 27, 2001); Final 

Determination of Sales at Not Less Than Fair Value: 

Pure Magnesium From the Russian Federation, 66 

FR 49347 (September 27, 2001). These mixtures are 

not magnesium alloys, because they are not 

combined in liquid form and cast into the same 

ingot. 

4See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 79 FR 18260 

(April 1, 2014). 

5See letter from U.S. Magnesium, ‘‘Magnesium 

Metal from the People’s Republic of China: Request 

for Administrative Review,’’ dated April 30, 2014. 

6See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 79 FR 

30809 (May 29, 2014). 

7See 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 25, 2014, at 1. 

8See letter from TMM, ‘‘Magnesium Metal from 

the People’s Republic of China; A–570–896; 

Certification of No Sales by Tianjin Magnesium 

Metal, Co., Ltd.,’’ dated July 21, 2014, at 1. 

9See Memorandum to the File, ‘‘Magnesium 

Metal from the People’s Republic of China: 13–14 

Administrative Review: U.S. Customs and Border 

Protection Data,’’ dated August 29, 2014, at 

Attachment 1 Customs Message 4231308, ‘‘No 

Shipments Inquiry,’’ dated August 19, 2014 (‘‘No 

Shipments Memo’’). 

10See No Shipments Memo. 

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; 2013–2014 

AGENCY: Enforcement and Compliance, 

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, 2013, through March 

31, 2014. This review covers two PRC 

companies, Tianjin Magnesium 

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

Tianjin Magnesium Metal, Co., Ltd. 

(‘‘TMM’’). The Department 

preliminarily finds that TMI and TMM 

did not have reviewable entries during 

the POR. We invite interested parties to 

comment on these preliminary results. 

DATES: Effective Date: November 24, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

James Terpstra or Erin Begnal, 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) 482–3965 or (202) 482– 

1442, 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. Magnesium is a metal or 

alloy containing by weight primarily the 

element magnesium. Primary 

magnesium is produced by 

decomposing raw materials into 

magnesium metal. Secondary 

magnesium is produced by recycling 

magnesium-based scrap into magnesium 

metal. The magnesium covered by this 

order includes blends of primary and 

secondary magnesium. 

The subject merchandise includes the 

following alloy magnesium metal 

products made from primary and/or 

secondary magnesium including, 

without limitation, magnesium cast into 

ingots, slabs, rounds, billets, and other 

shapes; magnesium ground, chipped, 

crushed, or machined into rasping, 

granules, turnings, chips, powder, 

briquettes, and other shapes; and 

products that contain 50 percent or 

greater, but less than 99.8 percent, 

magnesium, by weight, and that have 

been entered into the United States as 

conforming to an ‘‘ASTM Specification 

for Magnesium Alloy’’ 1 and are thus 

outside the scope of the existing 

antidumping orders on magnesium from 

the PRC (generally referred to as ‘‘alloy’’ 

magnesium). 

The scope of this order excludes: (1) 

All forms of pure magnesium, including 

chemical combinations of 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’’; 2 (2) magnesium that is in liquid 

or molten form; and (3) mixtures 

containing 90 percent or less 

magnesium in granular or powder form 

by weight and one or more of certain 

non-magnesium granular materials to 

make magnesium-based reagent 

mixtures, including lime, calcium 

metal, calcium silicon, calcium carbide, 

calcium carbonate, carbon, slag 

coagulants, fluorspar, nephaline syenite, 

feldspar, alumina (Al203), calcium 

aluminate, soda ash, hydrocarbons, 

graphite, coke, silicon, rare earth 

metals/mischmetal, cryolite, silica/fly 

ash, magnesium oxide, periclase, 

ferroalloys, dolomite lime, and 

colemanite.3 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 items are provided for 

convenience and customs purposes, the 

written description of the merchandise 

is dispositive. 

Background 

On April 1, 2014, 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, 2013 through March 31, 2014.4 On 

April 30, 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.5 On May 29, 

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.6 On June 25, 

2014, TMI submitted a letter to the 

Department certifying that it did not 

export magnesium metal to the United 

States during the POR.7 On July 21, 

2014, TMM submitted a letter to the 

Department certifying that it did not 

export magnesium metal to the United 

States during the POR.8

On August 19, 2014, we notified U.S. 

Customs and Border Protection (‘‘CBP’’) 

that we were in receipt of no-shipment 

certifications from TMI and TMM and 

requested CBP to report any contrary 

information within 10 days.9 CBP did 

not report any contrary information. On 

August 29, 2014, the Department placed 

on the record information obtained in 

response to the Department’s query to 

CBP concerning imports into the United 

States of subject merchandise during the 

POR.10 This information indicates that 

there were no entries of subject 


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Federal Register / Vol. 79, No. 226 / Monday, November 24, 2014 / Notices 69835 

11See Id. 

12See Non-Market Economy Antidumping 

Proceedings: Assessment of Antidumping Duties, 76 

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

Rates’’ section, below. 13See 19 CFR 351.310(c). 

merchandise during the POR that had 

been exported by TMI or TMM. 

Preliminary Determination of No 

Shipments 

As noted in the ‘‘Background’’ section 

above, TMI and TMM submitted timelyfiled certifications indicating that they 

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 and TMM’s claims of no 

shipments. Further, on August 29, 2014, 

the Department released to interested 

parties the results of a CBP query to 

corroborate TMI and TMM’s no 

shipment claims.11 The Department 

received no comments from interested 

parties concerning the results of the CBP 

query. 

Based on TMI’s and TMM’s 

certifications and our analysis of CBP 

information, we preliminarily determine 

that TMI and 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 this circumstance but, rather, to 

complete the review with respect to TMI 

and TMM and issue appropriate 

instructions to CBP based on the final 

results of the review.12

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 

Enforcement and Compliance, U.S. 

Department of Commerce, filed 

electronically using Enforcement and 

Compliance’s Antidumping and 

Countervailing Duty Centralized 

Electronic Service System (‘‘IA 

ACCESS’’). IA ACCESS is available to 

registered users at http://

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.13 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 

(including TMM, which claimed no 

shipments, but has not been found to be 

separate from the PRC-wide entity), 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: November 17, 2014. 

Paul Piquado, 

Assistant Secretary for Enforcement and 

Compliance. 

[FR Doc. 2014–27685 Filed 11–21–14; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Ocean and Atmospheric 

Administration 

Proposed Information Collection; 

Comment Request; Fishery Capacity 

Reduction Program Buyback Requests 

AGENCY: National Ocean and 

Atmospheric Administration, 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 


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