81_FR_222 81 FR 220 - Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

81 FR 220 - Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2014-2015

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 2 (January 5, 2016)

Page Range220-222
FR Document2015-33162

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, 2014, through March 31, 2015. 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.

Federal Register, Volume 81 Issue 2 (Tuesday, January 5, 2016)
[Federal Register Volume 81, Number 2 (Tuesday, January 5, 2016)]
[Notices]
[Pages 220-222]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-33162]


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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; 2014-2015

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, 2014, through March 31, 2015. 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: January 5, 2016.

FOR FURTHER INFORMATION CONTACT: James Terpstra or 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-
3965 or (202) 482-5848, 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

[[Page 221]]

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).
---------------------------------------------------------------------------

    \1\ 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'' \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.
---------------------------------------------------------------------------

    \2\ 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).
    \3\ 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.
---------------------------------------------------------------------------

Background

    On April 1, 2015, 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, 2014 through March 
31, 2015.\4\ On April 30, 2015, 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 26, 2015, 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 19, 2015, TMM submitted a letter to the Department certifying 
that it did not export magnesium metal to the United States during the 
POR.\7\ On June 24, 2015, TMI submitted a letter to the Department 
certifying that it did not export magnesium metal to the United States 
during the POR.\8\
---------------------------------------------------------------------------

    \4\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 80 FR 17392 (April 1, 2015).
    \5\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated April 30, 2015.
    \6\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 80 FR 30041 (May 26, 2015).
    \7\ See 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 June 19, 2015, at 1.
    \8\ 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 24, 2015, at 1.
---------------------------------------------------------------------------

    On July 9, 2015, 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 21, 
2015, 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 merchandise 
during the POR that had been exported by TMI or TMM.
---------------------------------------------------------------------------

    \9\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: 14-15 Administrative Review: U.S. 
Customs and Border Protection Data,'' dated August 21, 2015 (``No 
Shipments Memo''), at Attachment 1: Customs Message 5190303.
    \10\ See No Shipments Memo.
---------------------------------------------------------------------------

Preliminary Determination of No Shipments

    As noted in the ``Background'' section above, TMI and TMM submitted 
timely-filed 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 21, 2015, 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.
---------------------------------------------------------------------------

    \11\ Id.
---------------------------------------------------------------------------

    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 it is not appropriate 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, consistent with its practice in non-market 
economy (``NME'') cases.\12\
---------------------------------------------------------------------------

    \12\ 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 may submit case briefs within 30 days after the 
date of publication of these preliminary results of review in the 
Federal Register.\13\ Rebuttals to case briefs, which must be limited 
to issues raised in the case briefs, must be filed within five days 
after the time limit for filing case briefs.\14\ Parties who submit 
arguments are requested to submit with the argument (a) a statement of 
the issue, (b) a brief summary of the argument, and (c) a table of 
authorities.\15\ Parties submitting briefs should do so pursuant to the 
Department's electronic filing system: Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (``ACCESS'').\16\ ACCESS is available to registered users at 
http://access.trade.gov, and is available to all parties in the Central 
Records Unit,

[[Page 222]]

Room B8024 of the main Department of Commerce building.
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(c)(1)(ii).
    \14\ See 19 CFR 351.309(d)(1)-(2).
    \15\ See 19 CFR 351.309(c)(2), (d)(2).
    \16\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days of the date of publication of this notice. Requests 
should contain the following information: (1) The party's name, 
address, and telephone number; (2) the number of participants; and (3) 
a list of the issues parties intend to discuss. Issues raised in the 
hearing will be limited to those raised in the respective case and 
rebuttal briefs. If a request for a hearing is made, the Department 
intends to hold the hearing at the U.S. Department of Commerce, 14th 
Street and Constitution Avenue NW., Washington, DC 20230, at a date and 
time to be determined. See 19 CFR 351.310(d). Parties should confirm by 
telephone the date, time, and location of the hearing two days before 
the scheduled date.
    The Department intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, 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 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)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 24, 2015.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2015-33162 Filed 1-4-16; 8:45 am]
BILLING CODE 3510-DS-P



                                                    220                            Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    provides an organized and continuing                    their parts and supplies, including                    DEPARTMENT OF COMMERCE
                                                    channel of communication between                        toner, toner cartridges, toner bottles and
                                                    recognized experts in the data industry                 cartridge parts, within Subzone 20D.                   International Trade Administration
                                                    (collection, compilation, analysis,                     The current request would add foreign-                 [A–570–896]
                                                    dissemination and privacy protection)                   status materials/components to the
                                                    and the Department of Commerce. The                     scope of authority. Pursuant to 15 CFR                 Magnesium Metal From the People’s
                                                    CDAC provides advice and                                400.14(b), additional FTZ authority                    Republic of China: Preliminary Results
                                                    recommendations, to include process                     would be limited to the specific foreign-              of Antidumping Duty Administrative
                                                    and infrastructure improvements, to the                 status materials/components and                        Review; 2014–2015
                                                    Secretary, DOC and the DOC data-                        specific finished products described in
                                                    bureau leadership on ways to make                                                                              AGENCY:   Enforcement and Compliance,
                                                                                                            the submitted notification (as described               International Trade Administration,
                                                    Commerce data easier to find, access,                   below) and subsequently authorized by
                                                    use, combine and disseminate. The aim                                                                          Department of Commerce.
                                                                                                            the FTZ Board.                                         SUMMARY: The Department of Commerce
                                                    of this advice shall be to maximize the
                                                    value of Commerce data to all users                        Production under FTZ procedures                     (‘‘Department’’) is conducting the
                                                    including governments, businesses,                      could exempt Canon from customs duty                   administrative review of the
                                                    communities, academia, and                              payments on the foreign-status                         antidumping duty order on magnesium
                                                    individuals.                                            materials/components used in export                    metal from the People’s Republic of
                                                       The Committee is established in                      production. On its domestic sales,                     China (‘‘PRC’’). The period of review
                                                    accordance with the Federal Advisory                    Canon would be able to choose the duty                 (‘‘POR’’) is April 1, 2014, through March
                                                    Committee Act (Title 5, United States                   rates during customs entry procedures                  31, 2015. This review covers two PRC
                                                    Code, Appendix 2, Section 10(a)(b)).                    that apply to toner cartridges or toner                companies, Tianjin Magnesium
                                                       All meetings are open to the public.                 bottles (duty-free) for the foreign-status             International, Co., Ltd. (‘‘TMI’’) and
                                                    Individuals questions or statements                     materials/components noted below and                   Tianjin Magnesium Metal, Co., Ltd.
                                                    must submit them in writing to:                         in the existing scope of authority.                    (‘‘TMM’’). The Department
                                                    DataAdvisoryCouncil@doc.gov (subject                    Customs duties also could possibly be                  preliminarily finds that TMI and TMM
                                                    line ‘‘January 2016 CDAC Working                        deferred or reduced on foreign-status                  did not have reviewable entries during
                                                    Group Meeting Public Comment’’), or by                  production equipment.                                  the POR. We invite interested parties to
                                                    letter submission to the Director of                                                                           comment on these preliminary results.
                                                    External Communication and DFO,                            The materials/components sourced
                                                                                                                                                                   DATES: Effective Date: January 5, 2016.
                                                    CDAC, Department of Commerce,                           from abroad include: Carbon black and
                                                                                                                                                                   FOR FURTHER INFORMATION CONTACT:
                                                    Economics and Statistics                                aluminum flanges (duty rates: Duty-free
                                                                                                                                                                   James Terpstra or Brendan Quinn, AD/
                                                    Administration, 1401 Constitution Ave.                  and 5.7%, respectively).
                                                                                                                                                                   CVD Operations, Office III, Enforcement
                                                    NW., Washington, DC 20230. Such                            Public comment is invited from                      and Compliance, International Trade
                                                    submissions will be included in the                     interested parties. Submissions shall be               Administration, U.S. Department of
                                                    record for the meeting if received by                   addressed to the FTZ Board’s Executive                 Commerce, 14th Street and Constitution
                                                    Monday, January 11, 2016.                               Secretary at the address below. The                    Avenue NW., Washington, DC 20230;
                                                      Dated: December 29, 2015.                             closing period for their receipt is                    telephone: (202) 482–3965 or (202) 482–
                                                    Burton Reist,                                           February 16, 2016.                                     5848, respectively.
                                                    Director for External Affairs, Economics and               A copy of the notification will be                  Scope of the Order
                                                    Statistics Administration.                              available for public inspection at the
                                                    [FR Doc. 2015–33154 Filed 12–30–15; 4:15 pm]                                                                      The product covered by this
                                                                                                            Office of the Executive Secretary,
                                                                                                                                                                   antidumping duty order is magnesium
                                                    BILLING CODE P                                          Foreign-Trade Zones Board, Room
                                                                                                                                                                   metal from the PRC, which includes
                                                                                                            21013, U.S. Department of Commerce,                    primary and secondary alloy
                                                                                                            1401 Constitution Avenue NW.,                          magnesium metal, regardless of
                                                    DEPARTMENT OF COMMERCE                                  Washington, DC 20230–0002, and in the                  chemistry, raw material source, form,
                                                    Foreign-Trade Zones Board                               ‘‘Reading Room’’ section of the FTZ                    shape, or size. Magnesium is a metal or
                                                                                                            Board’s Web site, which is accessible                  alloy containing by weight primarily the
                                                    [B–85–2015]                                             via www.trade.gov/ftz.                                 element magnesium. Primary
                                                    Foreign-Trade Zone (FTZ) 20—Newport                        For further information, contact Diane              magnesium is produced by
                                                    News, Virginia; Notification of                         Finver at Diane.Finver@trade.gov or                    decomposing raw materials into
                                                    Proposed Production Activity; Canon                     (202) 482–1367.                                        magnesium metal. Secondary
                                                    Virginia, Inc.; Subzone 20D; (Toner                                                                            magnesium is produced by recycling
                                                                                                              Dated: December 29, 2015.
                                                    Cartridges and Bottles) Newport News,                                                                          magnesium-based scrap into magnesium
                                                                                                            Andrew McGilvray,                                      metal. The magnesium covered by this
                                                    Virginia
                                                                                                            Executive Secretary.                                   order includes blends of primary and
                                                      Canon Virginia, Inc. (Canon), operator                [FR Doc. 2015–33160 Filed 1–4–16; 8:45 am]             secondary magnesium.
                                                    of Subzone 20D, submitted a                             BILLING CODE 3510–DS–P                                    The subject merchandise includes the
                                                    notification of proposed production                                                                            following alloy magnesium metal
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    activity to the FTZ Board for its facility                                                                     products made from primary and/or
                                                    within Subzone 20D, in Newport News,                                                                           secondary magnesium including,
                                                    Virginia. The notification conforming to                                                                       without limitation, magnesium cast into
                                                    the requirements of the regulations of                                                                         ingots, slabs, rounds, billets, and other
                                                    the FTZ Board (15 CFR 400.22) was                                                                              shapes; magnesium ground, chipped,
                                                    received on December 14, 2015.                                                                                 crushed, or machined into rasping,
                                                      Canon already has authority to                                                                               granules, turnings, chips, powder,
                                                    produce a range of printers, copiers and                                                                       briquettes, and other shapes; and


                                               VerDate Sep<11>2014   18:43 Jan 04, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                                                                   Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices                                                       221

                                                    products that contain 50 percent or                     written description of the merchandise                   merchandise during the POR that had
                                                    greater, but less than 99.8 percent,                    is dispositive.                                          been exported by TMI or TMM.
                                                    magnesium, by weight, and that have
                                                                                                            Background                                               Preliminary Determination of No
                                                    been entered into the United States as
                                                                                                                                                                     Shipments
                                                    conforming to an ‘‘ASTM Specification                      On April 1, 2015, the Department
                                                    for Magnesium Alloy’’ 1 and are thus                                                                                As noted in the ‘‘Background’’ section
                                                                                                            published a notice of opportunity to
                                                    outside the scope of the existing                                                                                above, TMI and TMM submitted timely-
                                                                                                            request an administrative review of the
                                                    antidumping orders on magnesium from                                                                             filed certifications indicating that they
                                                                                                            antidumping duty order on magnesium                      had no shipments of subject
                                                    the PRC (generally referred to as ‘‘alloy’’             metal from the PRC for the period April
                                                    magnesium).                                                                                                      merchandise to the United States during
                                                                                                            1, 2014 through March 31, 2015.4 On                      the POR. In addition, CBP did not
                                                       The scope of this order excludes: (1)                April 30, 2015, U.S. Magnesium LLC
                                                    All forms of pure magnesium, including                                                                           provide any evidence that contradicts
                                                                                                            (‘‘U.S. Magnesium’’), a domestic                         TMI’s and TMM’s claims of no
                                                    chemical combinations of magnesium
                                                                                                            producer and Petitioner in the                           shipments. Further, on August 21, 2015,
                                                    and other material(s) in which the pure
                                                                                                            underlying investigation of this case,                   the Department released to interested
                                                    magnesium content is 50 percent or
                                                                                                            made a timely request that the                           parties the results of a CBP query to
                                                    greater, but less than 99.8 percent, by
                                                                                                            Department conduct an administrative                     corroborate TMI and TMM’s no
                                                    weight, that do not conform to an
                                                    ‘‘ASTM Specification for Magnesium                      review of TMI and TMM.5 On May 26,                       shipment claims.11 The Department
                                                    Alloy’’ 2; (2) magnesium that is in liquid              2015, in accordance with section 751(a)                  received no comments from interested
                                                    or molten form; and (3) mixtures                        of the Tariff Act of 1930, as amended                    parties concerning the results of the CBP
                                                    containing 90 percent or less                           (‘‘the Act’’), the Department published                  query.
                                                    magnesium in granular or powder form                    in the Federal Register a notice of                         Based on TMI’s and TMM’s
                                                    by weight and one or more of certain                    initiation of this antidumping duty                      certifications and our analysis of CBP
                                                    non-magnesium granular materials to                     administrative review.6 On June 19,                      information, we preliminarily determine
                                                    make magnesium-based reagent                            2015, TMM submitted a letter to the                      that TMI and TMM did not have any
                                                    mixtures, including lime, calcium                       Department certifying that it did not                    reviewable entries during the POR. In
                                                    metal, calcium silicon, calcium carbide,                export magnesium metal to the United                     addition, the Department finds that it is
                                                    calcium carbonate, carbon, slag                         States during the POR.7 On June 24,                      not appropriate to rescind the review in
                                                    coagulants, fluorspar, nephaline syenite,               2015, TMI submitted a letter to the                      this circumstance but, rather, to
                                                    feldspar, alumina (Al203), calcium                      Department certifying that it did not                    complete the review with respect to TMI
                                                    aluminate, soda ash, hydrocarbons,                      export magnesium metal to the United                     and TMM and issue appropriate
                                                    graphite, coke, silicon, rare earth                     States during the POR.8                                  instructions to CBP based on the final
                                                    metals/mischmetal, cryolite, silica/fly                    On July 9, 2015, we notified U.S.                     results of the review, consistent with its
                                                    ash, magnesium oxide, periclase,                                                                                 practice in non-market economy
                                                                                                            Customs and Border Protection (‘‘CBP’’)
                                                    ferroalloys, dolomite lime, and                                                                                  (‘‘NME’’) cases.12
                                                                                                            that we were in receipt of no-shipment
                                                    colemanite.3 The merchandise subject to                 certifications from TMI and TMM and                      Public Comment
                                                    this order is classifiable under items                  requested CBP to report any contrary
                                                    8104.19.00, and 8104.30.00 of the                                                                                   Interested parties may submit case
                                                                                                            information within 10 days.9 CBP did                     briefs within 30 days after the date of
                                                    Harmonized Tariff Schedule of the                       not report any contrary information. On
                                                    United States (‘‘HTSUS’’). Although the                                                                          publication of these preliminary results
                                                                                                            August 21, 2015, the Department placed                   of review in the Federal Register.13
                                                    HTSUS items are provided for                            on the record information obtained in
                                                    convenience and customs purposes, the                                                                            Rebuttals to case briefs, which must be
                                                                                                            response to the Department’s query to                    limited to issues raised in the case
                                                                                                            CBP concerning imports into the United                   briefs, must be filed within five days
                                                       1 The meaning of this term is the same as that
                                                                                                            States of subject merchandise during the                 after the time limit for filing case
                                                    used by the American Society for Testing and
                                                    Materials in its Annual Book for ASTM Standards:        POR.10 This information indicates that                   briefs.14 Parties who submit arguments
                                                    Volume 01.02 Aluminum and Magnesium Alloys.             there were no entries of subject                         are requested to submit with the
                                                       2 The material is already covered by existing
                                                                                                                                                                     argument (a) a statement of the issue, (b)
                                                    antidumping orders. See Notice of Antidumping             4 See Antidumping or Countervailing Duty Order,
                                                    Duty Orders: Pure Magnesium from the People’s                                                                    a brief summary of the argument, and (c)
                                                                                                            Finding, or Suspended Investigation; Opportunity
                                                    Republic of China, the Russian Federation and           To Request Administrative Review, 80 FR 17392
                                                                                                                                                                     a table of authorities.15 Parties
                                                    Ukraine; Notice of Amended Final Determination of       (April 1, 2015).                                         submitting briefs should do so pursuant
                                                    Sales at Less Than Fair Value: Antidumping Duty           5 See letter from U.S. Magnesium, ‘‘Magnesium          to the Department’s electronic filing
                                                    Investigation of Pure Magnesium from the Russian
                                                    Federation, 60 FR 25691 (May 12, 1995); and
                                                                                                            Metal from the People’s Republic of China: Request       system: Enforcement and Compliance’s
                                                                                                            for Administrative Review,’’ dated April 30, 2015.       Antidumping and Countervailing Duty
                                                    Antidumping Duty Order: Pure Magnesium in                 6 See Initiation of Antidumping and
                                                    Granular Form from the People’s Republic of China,
                                                                                                            Countervailing Duty Administrative Reviews, 80 FR
                                                                                                                                                                     Centralized Electronic Service System
                                                    66 FR 57936 (November 19, 2001).                                                                                 (‘‘ACCESS’’).16 ACCESS is available to
                                                       3 This third exclusion for magnesium-based           30041 (May 26, 2015).
                                                    reagent mixtures is based on the exclusion for
                                                                                                              7 See letter from TMM, ‘‘Magnesium Metal from          registered users at http://
                                                    reagent mixtures in the 2000–2001 investigations of     the People’s Republic of China; A–570–896;               access.trade.gov, and is available to all
                                                    magnesium from China, Israel, and Russia. See           Certification of No Sales by Tianjin Magnesium           parties in the Central Records Unit,
                                                    Final Determination of Sales at Less Than Fair          Metal Co., Ltd.,’’ dated June 19, 2015, at 1.
                                                                                                              8 See letter from TMI, ‘‘Magnesium Metal from
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                                                    Value: Pure Magnesium in Granular Form From the                                                                    11 Id.
                                                    People’s Republic of China, 66 FR 49345                 the People’s Republic of China; A–570–896;
                                                                                                                                                                       12 See Non-Market Economy Antidumping
                                                    (September 27, 2001); Final Determination of Sales      Certification of No Sales by Tianjin Magnesium
                                                                                                            International, Co., Ltd.,’’ dated June 24, 2015, at 1.   Proceedings: Assessment of Antidumping Duties, 76
                                                    at Less Than Fair Value: Pure Magnesium From
                                                                                                              9 See Memorandum to the File, ‘‘Magnesium              FR 65694 (October 24, 2011) and the ‘‘Assessment
                                                    Israel, 66 FR 49349 (September 27, 2001); Final
                                                                                                            Metal from the People’s Republic of China: 14–15         Rates’’ section, below.
                                                    Determination of Sales at Not Less Than Fair Value:                                                                13 See 19 CFR 351.309(c)(1)(ii).
                                                    Pure Magnesium From the Russian Federation, 66          Administrative Review: U.S. Customs and Border
                                                                                                                                                                       14 See 19 CFR 351.309(d)(1)–(2).
                                                    FR 49347 (September 27, 2001). These mixtures are       Protection Data,’’ dated August 21, 2015 (‘‘No
                                                    not magnesium alloys, because they are not              Shipments Memo’’), at Attachment 1: Customs                15 See 19 CFR 351.309(c)(2), (d)(2).

                                                    combined in liquid form and cast into the same          Message 5190303.                                           16 See 19 CFR 351.303 (for general filing

                                                    ingot.                                                    10 See No Shipments Memo.                              requirements).



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                                                    222                            Federal Register / Vol. 81, No. 2 / Tuesday, January 5, 2016 / Notices

                                                    Room B8024 of the main Department of                    751(a)(2)(C) of the Act: (1) For TMI,                  SUMMARY:   On November 25, 2015, the
                                                    Commerce building.                                      which claimed no shipments, the cash                   Department of Commerce (the
                                                       Pursuant to 19 CFR 351.310(c),                       deposit rate will remain unchanged                     Department) initiated a changed
                                                    interested parties who wish to request a                from the rate assigned to TMI in the                   circumstances review and published a
                                                    hearing must submit a written request to                most recently completed review of the                  notice of preliminary results of changed
                                                    the Assistant Secretary for Enforcement                 company; (2) for previously investigated               circumstances review of the
                                                    and Compliance, U.S. Department of                      or reviewed PRC and non-PRC exporters                  antidumping duty order on certain
                                                    Commerce within 30 days of the date of                  who are not under review in this                       frozen warmwater shrimp (shrimp) from
                                                    publication of this notice. Requests                    segment of the proceeding but who have                 Thailand.1 In that notice, we
                                                    should contain the following                            separate rates, the cash deposit rate will             preliminarily determined that Thai
                                                    information: (1) The party’s name,                      continue to be the exporter-specific rate              Union Group Public Co., Ltd. (Thai
                                                    address, and telephone number; (2) the                  published for the most recent period; (3)              Union Group) is the successor-in-
                                                    number of participants; and (3) a list of               for all PRC exporters of subject                       interest to Thai Union Frozen Products
                                                    the issues parties intend to discuss.                   merchandise that have not been found                   Public Co., Ltd. (Thai Union Frozen) for
                                                    Issues raised in the hearing will be                    to be entitled to a separate rate                      purposes of determining antidumping
                                                    limited to those raised in the respective               (including TMM, which claimed no                       duty cash deposits and liabilities. No
                                                    case and rebuttal briefs. If a request for              shipments, but has not been found to be                interested party submitted comments
                                                    a hearing is made, the Department                       separate from the PRC-wide entity), the                on, or requested a public hearing to
                                                    intends to hold the hearing at the U.S.                 cash deposit rate will be the PRC-wide                 discuss, the Initiation and Preliminary
                                                    Department of Commerce, 14th Street                     rate of 141.49 percent; and (4) for all                Results. For these final results, the
                                                    and Constitution Avenue NW.,                            non-PRC exporters of subject                           Department continues to find that Thai
                                                    Washington, DC 20230, at a date and                     merchandise which have not received                    Union Group is the successor-in-interest
                                                    time to be determined. See 19 CFR                       their own rate, the cash deposit rate will             to Thai Union Frozen.
                                                    351.310(d). Parties should confirm by                   be the rate applicable to the PRC                      DATES: Effective Date: January 5, 2016.
                                                    telephone the date, time, and location of               exporter(s) that supplied that non-PRC                 FOR FURTHER INFORMATION CONTACT:
                                                    the hearing two days before the                         exporter. These deposit requirements,                  Dennis McClure or Elizabeth Eastwood,
                                                    scheduled date.                                         when imposed, shall remain in effect                   AD/CVD Operations, Office II,
                                                       The Department intends to issue the                  until further notice.                                  Enforcement and Compliance,
                                                    final results of this administrative                                                                           International Trade Administration,
                                                    review, which will include the results of               Notification to Importers
                                                                                                                                                                   U.S. Department of Commerce, 14th
                                                    our analysis of all issues raised in the                  This notice also serves as a                         Street and Constitution Avenue NW.,
                                                    case briefs, within 120 days of                         preliminary reminder to importers of                   Washington, DC 20230; telephone: (202)
                                                    publication of these preliminary results                their responsibility under 19 CFR                      482–5973 or (202) 482–3874,
                                                    in the Federal Register, pursuant to                    351.402(f)(2) to file a certificate                    respectively.
                                                    section 751(a)(3)(A) of the Act.                        regarding the reimbursement of
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    Assessment Rates                                        antidumping duties prior to liquidation
                                                                                                            of the relevant entries during this                    Background
                                                       Upon issuance of the final results, the
                                                                                                            period. Failure to comply with this                       On September 17, 2015, Thai Union
                                                    Department will determine, and CBP
                                                                                                            requirement could result in the                        Group, a producer/exporter of Thai
                                                    shall assess, antidumping duties on all
                                                                                                            Secretary’s presumption that                           shrimp covered by this order, changed
                                                    appropriate entries covered by this
                                                                                                            reimbursement of antidumping duties                    its name from Thai Union Frozen to
                                                    review. The Department intends to issue
                                                                                                            occurred and the subsequent assessment                 Thai Union Group. On October 5, 2015,
                                                    assessment instructions to CBP 15 days
                                                                                                            of double antidumping duties.                          Thai Union Group requested that the
                                                    after the publication date of the final
                                                                                                              This administrative review and notice                Department conduct an expedited
                                                    results of this review. Additionally,
                                                                                                            are in accordance with sections                        changed circumstances review under
                                                    pursuant to a refinement to its
                                                                                                            751(a)(1) and 777(i)(1) of the Act, and 19             section 751(b) of the Act, 19 CFR
                                                    assessment practice in NME cases, if the
                                                                                                            CFR 351.221(b)(4).                                     351.216(c), and 19 CFR 351.221(c)(3)(ii)
                                                    Department continues to determine that
                                                    an exporter under review had no                           Dated: December 24, 2015.                            to confirm that Thai Union Group is the
                                                    shipments of the subject merchandise,                   Paul Piquado,                                          successor-in-interest to Thai Union
                                                    any suspended entries that entered                      Assistant Secretary for Enforcement and                Frozen for purposes of determining
                                                    under that exporter’s case number (i.e.,                Compliance.                                            antidumping duty cash deposits and
                                                    at that exporter’s rate) will be liquidated             [FR Doc. 2015–33162 Filed 1–4–16; 8:45 am]             liabilities. On November 25, 2015, the
                                                    at the PRC-wide rate. For a full                        BILLING CODE 3510–DS–P
                                                                                                                                                                   Department initiated this changed
                                                    discussion of this practice, see Non-                                                                          circumstances review and published the
                                                    Market Economy Antidumping                                                                                     notice of preliminary results,
                                                    Proceedings: Assessment of                              DEPARTMENT OF COMMERCE                                 determining that Thai Union Group is
                                                    Antidumping Duties, 76 FR 65694                                                                                the successor-in-interest to Thai Union
                                                    (October 24, 2011).                                     International Trade Administration                     Frozen.2 In the Initiation and
                                                                                                                                                                   Preliminary Results, we provided all
                                                    Cash Deposit Requirements                               [A–549–822]                                            interested parties with an opportunity to
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                                                      The following cash deposit                                                                                   comment or request a public hearing
                                                                                                            Notice of Final Results of Antidumping
                                                    requirements will be effective upon                                                                            regarding our preliminary finding that
                                                                                                            Duty Changed Circumstances Review:
                                                    publication of the final results of this                Certain Frozen Warmwater Shrimp
                                                    administrative review for all shipments                 From Thailand
                                                                                                                                                                      1 See Notice of Initiation and Preliminary Results

                                                    of the subject merchandise entered, or                                                                         of Antidumping Duty Changed Circumstances
                                                                                                                                                                   Review: Certain Frozen Warmwater Shrimp from
                                                    withdrawn from warehouse, for                           AGENCY:  Enforcement and Compliance,                   Thailand, 80 FR 73726 (November 25, 2015)
                                                    consumption on or after the publication                 International Trade Administration,                    (Initiation and Preliminary Results).
                                                    date, as provided for by section                        Department of Commerce.                                   2 Id., 80 FR at 73728.




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Document Created: 2016-01-05 01:46:56
Document Modified: 2016-01-05 01:46:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactJames Terpstra or 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- 3965 or (202) 482-5848, respectively.
FR Citation81 FR 220 

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