80 FR 15555 - Magnesium Metal From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 80, Issue 56 (March 24, 2015)
International Trade Administration
Federal Register Volume 80, Issue 56 (March 24, 2015)
| Page Range | 15555-15557 | |
| FR Document | 2015-06727 |
[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)] [Notices] [Pages 15555-15557] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06727] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-896] Magnesium Metal From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2013-2014 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. DATES: Effective Date: March 24, 2015. SUMMARY: On November 24, 2014, the Department of Commerce (``the Department'') published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on magnesium metal from the People's Republic of China (``PRC'') covering the period April 1, 2013 through March 31, 2014.\1\ This review covers two PRC producer/exporters, Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin Magnesium Metal, Co., Ltd. (``TMM''). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, these final results are unchanged from [[Page 15556]] the Preliminary Results, and we continue to find that TMI and TMM did not have reviewable entries during the period of review (``POR''). --------------------------------------------------------------------------- \1\ See Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013- 2014, 79 FR 69834 (November 24, 2014) (``Preliminary Results''). 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. SUPPLEMENTARY INFORMATION: Background On November 24, 2014, the Department published the Preliminary Results of the instant review.\2\ TMI and TMM submitted timely-filed certifications indicating that they had no shipments of subject merchandise to the United States during the POR.\3\ In addition, in response to the Department's query, U.S. Customs and Border Protection (``CBP'') did not provide any evidence that contradicted TMI's and TMM's claims of no shipments.\4\ The Department received no comments from interested parties concerning the results of the CBP query. Therefore, based on TMI's and TMM's certification and our analysis of CBP information, we preliminarily determined that TMI did not have any reviewable entries during the POR.\5\ We invited interested parties to comment on the Preliminary Results.\6\ We received no comments from interested parties. --------------------------------------------------------------------------- \2\ Id. \3\ 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 25, 2014, at 1; and 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. \4\ See Preliminary Results, 79 FR at 69834. \5\ Id. \6\ Id. --------------------------------------------------------------------------- The Department conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act''). 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'' \7\ and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ``alloy'' magnesium). --------------------------------------------------------------------------- \7\ The 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. --------------------------------------------------------------------------- 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'' \8\; (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.\9\ --------------------------------------------------------------------------- \8\ The 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). \9\ This 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. --------------------------------------------------------------------------- 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. Final Determination of No Shipments As explained above, in the Preliminary Results, the Department found that TMI and TMM did not have reviewable entries during the POR.\10\ Also in the Preliminary Results, the Department stated that consistent with its 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 to issue appropriate instructions to CBP based on the final results of the review.\11\ --------------------------------------------------------------------------- \10\ See Preliminary Results, 79 FR at 69834-35. \11\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (``Assessment Practice Refinement'') and the ``Assessment Rates'' section, below. --------------------------------------------------------------------------- After issuing the Preliminary Results, the Department received no comments from interested parties, nor has it received any information that would cause it to revisit its preliminary results. Therefore, for these final results, the Department continues to find that TMI and TMM did not have any reviewable entries during the POR. Assessment Rates The Department determined, and CBP shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with the final results of this review.\12\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \12\ See 19 CFR 351.212(b). --------------------------------------------------------------------------- Additionally, consistent with the Department's refinement to its assessment practice in NME cases, because the Department determined that TMI and TMM had no shipments of subject merchandise during the POR, any suspended entries that entered under TMI's antidumping duty case [[Page 15557]] number (i.e., at that exporter's rate) will be liquidated at the PRC- wide rate.\13\ As TMM's entries are subject to the PRC-wide rate, any suspended entries will also be liquidated at the PRC-wide rate. --------------------------------------------------------------------------- \13\ See Assessment Practice Refinement, 76 FR 65694. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice of final results of the administrative review, as provided 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; \14\ 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. --------------------------------------------------------------------------- \14\ See Notice of Antidumping Duty Order: Magnesium Metal From the People's Republic of China, 70 FR 19928 (April 15, 2005). --------------------------------------------------------------------------- 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 POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. 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 terms of an APO is a sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: March 18, 2015. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2015-06727 Filed 3-23-15; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15555
EFP would authorize the applicant to The applicant requests authorization NMFS finds this application warrants
collect red drum in Federal waters using through the EFP to allow state of MS- further consideration. Possible
state of MS-licensed charter and licensed for-hire vessels to have a conditions the agency may impose on
headboat vessels (for-hire vessels). The recreational bag and possession limit of this permit, if it is indeed granted,
purpose of this study is to collect one red drum per person per trip from include but are not limited to, a
population data specific to the genetics, Federal waters. There would be no size prohibition of conducting research
age and growth, reproduction, and food limits applicable for the red drum within marine protected areas, marine
habits of adult red drum in Federal collected through this EFP. sanctuaries, or special management
waters where harvest is currently Additionally, the red drum bag and zones, without additional authorization.
prohibited. The data would then be possession limits for captain and crew A report on the research would be due
used to support future stock assessment of any for-hire vessel participating in at the end of the collection period, to be
information for red drum. this study would be zero. submitted to NMFS and reviewed by the
DATES: Comments must be received no Beginning in the fall of 2015, the Council.
later than April 23, 2015. applicant requests to collect a maximum A final decision on issuance of the
of 30,000 lb (13,608 kg) of red drum EFP will depend on NMFS’ review of
ADDRESSES: You may submit comments
during a 2-year period. The 30,000 lb public comments received on the
on the application by any of the
(13,608 kg) is equivalent to application, consultations with
following methods:
• Email: approximately 2,000 red drum or about appropriate fishery management
0648.XD816.Red.Drum.EFP@noaa.gov. 1,000 red drum per each year of the agencies of the affected states, the
study. According to MS DMR, as many Council, and the U.S. Coast Guard, as
Include in the subject line of the email
as 70 for-hire vessels would be a part of well as a determination that it is
comment the following document
the study. For any vessel trip that plans consistent with all applicable laws.
identifier: ‘‘MS Red Drum_EFP’’.
• Mail: Steve Branstetter, Southeast to harvest red drum, the vessel would be
Authority: 16 U.S.C. 1801 et seq.
Regional Office, NMFS, 263 13th required to hail-in and hail-out with a
representative of MS DMR using an Dated: March 18, 2015.
Avenue South, St. Petersburg, FL 33701. Emily H. Menashes,
The application and related existing MS DMR electronic reporting
documents are available for review format. A representative of MS DMR Acting Director, Office of Sustainable
would then meet the vessel that has red Fisheries, National Marine Fisheries Service.
upon written request to any of the above
addresses. drum onboard harvested from Federal [FR Doc. 2015–06661 Filed 3–23–15; 8:45 am]
waters to collect sample information. BILLING CODE 3510–22–P
FOR FURTHER INFORMATION CONTACT:
The applicant would monitor the
Steve Branstetter, 727–824–5305; email: amount of red drum collected to ensure
Steve.Branstetter@noaa.gov. that the 30,000 lb (13,608 kg) sample DEPARTMENT OF COMMERCE
SUPPLEMENTARY INFORMATION: The EFP is limit is not exceeded. After biological
requested under the authority of the sampling by MS DMR is completed for International Trade Administration
Magnuson-Stevens Fishery each red drum landed by participating [A–570–896]
Conservation and Management Act (16 for-hire vessels, recreational fishers
U.S.C. 1801 et seq.), and regulations at from the for-hire vessel would be Magnesium Metal From the People’s
50 CFR 600.745(b) concerning exempted allowed to retain the red drum as Republic of China: Final Results of
fishing. recreational harvest. All red drum Antidumping Duty Administrative
The harvest and possession of red collected through this study would be Review; 2013–2014
drum in the Federal waters of the Gulf harvested during regular for-hire trips
of Mexico (Gulf) has been prohibited AGENCY: Enforcement and Compliance,
using hook-and-line gear in Gulf Federal
since 1988 (53 FR 24662, June 29, 1988). International Trade Administration,
waters. A MS-licensed for-hire vessel
The harvest and possession prohibition Department of Commerce.
would not be permitted to fish for or
was implemented to protect the Gulf red possess either Gulf reef fish species or DATES: Effective Date: March 24, 2015.
drum stock from overfishing. The Gulf SUMMARY: On November 24, 2014, the
coastal migratory pelagic species unless
of Mexico Fishery Management Council that vessel also had a Federal charter Department of Commerce (‘‘the
(Council) is currently discussing vessel/headboat permit for the Department’’) published in the Federal
whether to modify or remove this applicable species. It is not anticipated Register the preliminary results of the
harvest and possession prohibition, but that the study will increase any overall administrative review of the
data regarding the adult red drum in fishing effort in the Gulf. antidumping duty order on magnesium
Gulf Federal waters is limited. The Samples to be collected by the metal from the People’s Republic of
existing population data is not applicant include biological material for China (‘‘PRC’’) covering the period April
representative of the Gulf red drum red drum population genetics, age and 1, 2013 through March 31, 2014.1 This
population as a whole as it mainly growth, reproduction, and food habits review covers two PRC producer/
consists of younger and smaller red analyses of adult red drum in Federal exporters, Tianjin Magnesium
drum samples obtained from state waters. Some specific information to be International, Co., Ltd. (‘‘TMI’’) and
waters where harvest is permitted. collected include using molecular Tianjin Magnesium Metal, Co., Ltd.
The proposed collection for scientific techniques to identify possible meta- (‘‘TMM’’). The Department gave
research involves activities that would populations and genetic structure, interested parties an opportunity to
comment on the Preliminary Results,
mstockstill on DSK4VPTVN1PROD with NOTICES
be prohibited by regulations at 50 CFR stomach content analysis, tissue
part 622, as they pertain to red drum analysis, several length measurements, but we received no comments. Hence,
managed by the Council. Specifically, otolith sampling, and histology analysis. these final results are unchanged from
the EFP requests exemption from The research data are intended to
1 See Magnesium Metal From the People’s
Federal regulations at § 622.92 provide better life history information to
Republic of China: Preliminary Results of
(Prohibited species) that prohibit the assist with any future red drum stock Antidumping Duty Administrative Review; 2013–
harvest and possession of red drum in assessments and to assist the Council 2014, 79 FR 69834 (November 24, 2014)
Gulf Federal waters. with future management decisions. (‘‘Preliminary Results’’).
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![Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices 15557
number (i.e., at that exporter’s rate) will with 19 CFR 351.305(a)(3). Timely www.nmfs.noaa.gov/pr/species/
be liquidated at the PRC-wide rate.13 As written notification of the return or petition81.htm.
TMM’s entries are subject to the PRC- destruction of APO materials, or FOR FURTHER INFORMATION CONTACT:
wide rate, any suspended entries will conversion to judicial protective order, Heather Coll, NMFS, Office of Protected
also be liquidated at the PRC-wide rate. is hereby requested. Failure to comply Resources, (301) 427–8455.
Cash Deposit Requirements with the regulations and terms of an
SUPPLEMENTARY INFORMATION:
APO is a sanctionable violation.
The following cash deposit We are issuing and publishing these Background
requirements will be effective for all final results and this notice in
shipments of subject merchandise On July 15, 2013, we received a
accordance with sections 751(a)(1) and petition from the WildEarth Guardians
entered, or withdrawn from warehouse, 777(i) of the Act.
for consumption on or after the to list 81 marine species or
Dated: March 18, 2015. subpopulations as threatened or
publication date of this notice of final
results of the administrative review, as Paul Piquado, endangered under the Endangered
provided by section 751(a)(2)(C) of the Assistant Secretary for Enforcement and Species Act (ESA). We found that the
Act: (1) For TMI, which claimed no Compliance. petitioned actions may be warranted for
shipments, the cash deposit rate will [FR Doc. 2015–06727 Filed 3–23–15; 8:45 am] 24 species and 3 subpopulations,
remain unchanged from the rate BILLING CODE 3510–DS–P announced the initiation of status
assigned to TMI in the most recently reviews, and solicited information from
completed review of the company; (2) the public for each of the 24 species and
for previously investigated or reviewed DEPARTMENT OF COMMERCE 3 subpopulations (78 FR 63941, October
PRC and non-PRC exporters who are not 25, 2013; 78 FR 66675, November 6,
National Oceanic and Atmospheric 2013; 78 FR 69376, November 19, 2013;
under review in this segment of the Administration
proceeding but who have separate rates, 79 FR 9880, February 21, 2014; and 79
the cash deposit rate will continue to be [Docket No. 141015853–4853–01] FR 10104, February 24, 2014). We
the exporter-specific rate published for completed comprehensive status
RIN 0648–XD563
the most recent period; (3) for all PRC reviews under the ESA for six foreign
exporters of subject merchandise that Endangered and Threatened Wildlife marine species and evaluated whether
have not been found to be entitled to a and Plants; Notice of 12-Month Finding one foreign marine subpopulation met
separate rate (including TMM, which on a Petition To List the Harbor our DPS Policy criteria in response to
claimed no shipments, but has not been Porpoise (Phocoena phocoena) in the the petition (79 FR 74954; December 16,
found to be separate from the PRC-wide Baltic Sea as an Endangered or 2014).
entity), the cash deposit rate will be the Threatened Distinct Population This notice addresses the finding for
PRC-wide rate of 141.49 percent; 14 and Segment (DPS) Under the Endangered one of the petitioned subpopulations: a
(4) for all non-PRC exporters of subject Species Act (ESA) putative Baltic Sea harbor porpoise
merchandise which have not received (Phocoena phocoena) subpopulation (79
their own rate, the cash deposit rate will AGENCY: National Marine Fisheries FR 9880; February 21, 2014). The
be the rate applicable to the PRC Service (NMFS), National Oceanic and remaining species and subpopulation
exporter(s) that supplied that non-PRC Atmospheric Administration (NOAA), will be addressed in subsequent
exporter. These deposit requirements, Commerce. findings.
when imposed, shall remain in effect ACTION: Notice of 12-month Finding. We are responsible for determining
until further notice. whether species are threatened or
SUMMARY: We, NMFS, announce a 12- endangered under the ESA (16 U.S.C.
Notification to Importers month finding on a petition to list the 1531 et seq.). To make this
This notice serves as a final reminder harbor porpoise (Phocoena phocoena) determination, we first consider
to importers of their responsibility in the Baltic Sea as an endangered or whether a group of organisms
under 19 CFR 351.402(f)(2) to file a threatened distinct population segment constitutes a ‘‘species’’ under the ESA,
certificate regarding the reimbursement (DPS) under the Endangered Species then whether the status of the species
of antidumping duties prior to Act of 1973, as amended. We conducted qualifies it for listing as either
liquidation of the relevant entries a DPS analysis based on our joint U.S. threatened or endangered. Section 3 of
during this POR. Failure to comply with Fish and Wildlife Service and NMFS the ESA defines a ‘‘species’’ as ‘‘any
this requirement could result in the DPS Policy. Based on the best available subspecies of fish or wildlife or plants,
Department’s presumption that scientific and commercial information, and any distinct population segment of
reimbursement of antidumping duties we find that the harbor porpoise any species of vertebrate fish or wildlife
occurred and the subsequent assessment population in the Baltic Sea is not a DPS which interbreeds when mature.’’ On
of double antidumping duties. because it does not meet the criterion February 7, 1996, NMFS and the U.S.
for significance outlined by our DPS Fish and Wildlife Service (USFWS;
Administrative Protective Order Policy. Thus, we find this population is together, the Services) adopted a policy
This notice also serves as a reminder not warranted for listing. describing what constitutes a DPS of a
to parties subject to administrative DATES: This finding was made on March taxonomic species or subspecies (the
protective order (‘‘APO’’) of their 24, 2015. DPS Policy; 61 FR 4722). The DPS
responsibility concerning the
mstockstill on DSK4VPTVN1PROD with NOTICES
ADDRESSES: Information used to make Policy identified two elements that must
disposition of proprietary information this finding is available for public be considered when identifying a DPS:
disclosed under APO in accordance inspection by appointment during (1) The discreteness of the population
normal business hours at NMFS, Office segment in relation to the remainder of
13 See Assessment Practice Refinement, 76 FR
of Protected Resources, 1315 East West the species (or subspecies) to which it
65694.
14 See Notice of Antidumping Duty Order: Highway, Silver Spring, MD 20910. The belongs; and (2) the significance of the
Magnesium Metal From the People’s Republic of petition and a list of the references we population segment to the remainder of
China, 70 FR 19928 (April 15, 2005). used can also be found at http:// the species (or subspecies) to which it
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Document Created: 2015-12-18 11:45:24
Document Modified: 2015-12-18 11:45:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| 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- | |
| FR Citation | 80 FR 15555 |
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