81 FR 25386 - Magnesium Metal From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2014-2015
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 82 (April 28, 2016)
International Trade Administration
Federal Register Volume 81, Issue 82 (April 28, 2016)
| Page Range | 25386-25388 | |
| FR Document | 2016-09884 |
[Federal Register Volume 81, Number 82 (Thursday, April 28, 2016)] [Notices] [Pages 25386-25388] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-09884] ----------------------------------------------------------------------- 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; 2014-2015 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: On January 5, 2016, the Department of Commerce (``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, 2014, through March 31, 2015.\1\ This review covers two PRC companies, 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 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; 2014- 2015, 81 FR 220 (January 5, 2016) (``Preliminary Results''). --------------------------------------------------------------------------- DATES: Effective Date: April 28, 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. SUPPLEMENTARY INFORMATION: Background On January 5, 2016, the Department published the Preliminary Results.\2\ We invited interested parties to comment on the Preliminary Results, but no comments were received. Also, as explained in the memorandum from the Acting Assistant Secretary for Enforcement & Compliance, the Department exercised its authority to toll all administrative deadlines due to the recent closure of the Federal Government.\3\ As a consequence, all deadlines in this segment of the proceeding have been extended by four business days. The revised deadline for the final results is now May 10, 2016. --------------------------------------------------------------------------- \2\ Id. \3\ See Memorandum to the File from Ron Lorentzen, Acting A/S for Enforcement & Compliance, ``Tolling of Administrative Deadlines As a Result of the Government Closure During Snowstorm Jonas,'' dated January 27, 2016. --------------------------------------------------------------------------- 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, [[Page 25387]] 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'' \4\ and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ``alloy'' magnesium). --------------------------------------------------------------------------- \4\ 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'' \5\; (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.\6\ --------------------------------------------------------------------------- \5\ 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). \6\ 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, in the Preliminary Results, the Department found that TMI and TMM did not have reviewable entries during the POR.\7\ Also in the Preliminary Results, the Department stated that consistent with its recently announced refinement to its assessment practice in non-market economy (``NME'') cases, it is appropriate not to rescind the review in part in this circumstance but, rather, to complete the review with respect to TMI and TMM and to issue appropriate instructions to CBP based on the final results of the review.\8\ --------------------------------------------------------------------------- \7\ See Preliminary Results, 81 FR at 221. \8\ 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 determination. 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.\9\ The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. --------------------------------------------------------------------------- \9\ 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 and TMM's antidumping duty case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate.\10\ --------------------------------------------------------------------------- \10\ 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 and TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI and TMM in the most recently completed review of the companies; (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, the cash deposit rate will be the PRC-wide rate of 141.49 percent; \11\ 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. --------------------------------------------------------------------------- \11\ 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. [[Page 25388]] Dated: April 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-09884 Filed 4-27-16; 8:45 am] BILLING CODE 3510-DS-P
![25386 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
such a case, we will inform parties in Dated: April 20, 2016. entries during the period of review
the letter or memorandum setting forth Christian Marsh, (‘‘POR’’).
the deadline (including a specified time) Deputy Assistant Secretary for Antidumping DATES: Effective Date: April 28, 2016.
by which extension requests must be and Countervailing Duty Operations. FOR FURTHER INFORMATION CONTACT:
filed to be considered timely. An Appendix I—Scope of the Investigation James Terpstra or Brendan Quinn, AD/
extension request must be made in a CVD Operations, Office III, Enforcement
separate, stand-alone submission; under The merchandise covered by this
and Compliance, International Trade
investigation includes all grades of aqueous
limited circumstances we will grant acidic (non-neutralized) concentrations of 1- Administration, U.S. Department of
untimely-filed requests for the extension hydroxyethylidene-1, 1-diphosphonic acid Commerce, 14th Street and Constitution
of time limits. Review Extension of (HEDP), also referred to as hydroxye Avenue NW., Washington, DC 20230;
Time Limits; Final Rule, 78 FR 57790 thylidenendiphosphonic acid, hydro telephone: (202) 482–3965 or (202) 482–
(September 20, 2013), available at xyethanediphosphonic acid, acetodi 5848, respectively.
http://www.gpo.gov/fdsys/pkg/FR-2013- phosphonic acid, and etidronic acid. The SUPPLEMENTARY INFORMATION:
CAS (Chemical Abstract Service) registry
09-20/html/2013-22853.htm, prior to
number for HEDP is 2809–21–4. Background
submitting factual information in this The merchandise subject to this
investigation. On January 5, 2016, the Department
investigation is currently classified in the
Harmonized Tariff Schedule of the United published the Preliminary Results.2 We
Certification Requirements States (HTSUS) at subheading 2931.90.9043. invited interested parties to comment on
It may also enter under HTSUS subheadings the Preliminary Results, but no
Any party submitting factual comments were received. Also, as
2811.19.6090 and 2931.90.9041. While
information in an AD or CVD HTSUS subheadings and the CAS registry explained in the memorandum from the
proceeding must certify to the accuracy number are provided for convenience and Acting Assistant Secretary for
and completeness of that information.29 customs purposes only, the written Enforcement & Compliance, the
Parties are hereby reminded that revised description of the scope of this investigation Department exercised its authority to
certification requirements are in effect is dispositive.
toll all administrative deadlines due to
for company/government officials, as [FR Doc. 2016–09882 Filed 4–27–16; 8:45 am] the recent closure of the Federal
well as their representatives. BILLING CODE 3510–DS–P Government.3 As a consequence, all
Investigations initiated on the basis of deadlines in this segment of the
petitions filed on or after August 16, proceeding have been extended by four
2013, and other segments of any AD or DEPARTMENT OF COMMERCE business days. The revised deadline for
CVD proceedings initiated on or after the final results is now May 10, 2016.
International Trade Administration
August 16, 2013, should use the formats The Department conducted this
for the revised certifications provided at review in accordance with section
the end of the Final Rule.30 The [A–570–896] 751(a)(1)(B) of the Tariff Act of 1930, as
Department intends to reject factual amended (‘‘the Act’’).
Magnesium Metal From the People’s
submissions if the submitting party does Republic of China: Final Results of Scope of the Order
not comply with the applicable revised Antidumping Duty Administrative
certification requirements. The product covered by this
Review; 2014–2015 antidumping duty order is magnesium
Notification to Interested Parties AGENCY: Enforcement and Compliance, metal from the PRC, which includes
International Trade Administration, primary and secondary alloy
Interested parties must submit magnesium metal, regardless of
applications for disclosure under APO Department of Commerce.
chemistry, raw material source, form,
in accordance with 19 CFR 351.305. On SUMMARY: On January 5, 2016, the shape, or size. Magnesium is a metal or
January 22, 2008, the Department Department of Commerce alloy containing by weight primarily the
published Antidumping and (‘‘Department’’) published in the element magnesium. Primary
Countervailing Duty Proceedings: Federal Register the preliminary results magnesium is produced by
Documents Submission Procedures; of the administrative review of the decomposing raw materials into
APO Procedures, 73 FR 3634 (January antidumping duty order on magnesium magnesium metal. Secondary
22, 2008). Parties wishing to participate metal from the People’s Republic of magnesium is produced by recycling
in this investigation should ensure that China (‘‘PRC’’) covering the period April magnesium-based scrap into magnesium
they meet the requirements of these 1, 2014, through March 31, 2015.1 This metal. The magnesium covered by this
review covers two PRC companies, order includes blends of primary and
procedures (e.g., the filing of letters of
Tianjin Magnesium International, Co., secondary magnesium.
appearance as discussed at 19 CFR
Ltd. (‘‘TMI’’) and Tianjin Magnesium The subject merchandise includes the
351.103(d)).
Metal Co., Ltd. (‘‘TMM’’). The following alloy magnesium metal
This notice is issued and published Department gave interested parties an products made from primary and/or
pursuant to sections 702 and 777(i) of opportunity to comment on the secondary magnesium including,
the Act. Preliminary Results, but we received no without limitation, magnesium cast into
comments. Hence, these final results are ingots, slabs, rounds, billets, and other
unchanged from the Preliminary shapes; magnesium ground, chipped,
mstockstill on DSK3G9T082PROD with NOTICES
29 See section 782(b) of the Act. Results, and we continue to find that crushed, or machined into rasping,
30 See Certification of Factual Information To TMI and TMM did not have reviewable
Import Administration During Antidumping and 2 Id.
Countervailing Duty Proceedings, 78 FR 42678 (July 1 See Magnesium Metal From the People’s 3 See Memorandum to the File from Ron
17, 2013) (‘‘Final Rule’’); see also frequently asked Republic of China: Preliminary Results of Lorentzen, Acting A/S for Enforcement &
questions regarding the Final Rule, available at Antidumping Duty Administrative Review; 2014– Compliance, ‘‘Tolling of Administrative Deadlines
http://enforcement.trade.gov/tlei/notices/factual_ 2015, 81 FR 220 (January 5, 2016) (‘‘Preliminary As a Result of the Government Closure During
info_final_rule_FAQ_07172013.pdf. Results’’). Snowstorm Jonas,’’ dated January 27, 2016.
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![25388 Federal Register / Vol. 81, No. 82 / Thursday, April 28, 2016 / Notices
Dated: April 14, 2016. DATES: Submissions and payment must export potential in the following sectors:
Paul Piquado, be received no later than 5:00 p.m. EDT Energy & power; water & sanitation;
Assistant Secretary for Enforcement and on May 25, 2016 for publication in the information and communications
Compliance. 2016 edition. Please reference the technology; transportation; healthcare;
[FR Doc. 2016–09884 Filed 4–27–16; 8:45 am] ‘Submissions Instructions’ section for design & planning; infrastructure
BILLING CODE 3510–DS–P submission guidance. financing; environmental protection/
ADDRESSES: Please submit showcase safety; and/or governance solutions.
pages by email to Rachael Croft, Preference may be given to submissions
DEPARTMENT OF COMMERCE International Trade Specialist, Global focused on priority global market needs
Markets, at Rachael.Croft@trade.gov and in the (1) energy & power; (2) water and
International Trade Administration Vinay Singh, Senior Advisor, Global sanitation; and (3) transportation smart
Markets, at Vinay.Singh@trade.gov. sectors leveraging state of the art
Opportunity for U.S. Companies To technologies.
FOR FURTHER INFORMATION CONTACT:
Submit Smart City Products, Services, (3) Provision of adequate information
Rachael Croft, International Trade
and Capabilities for Showcasing as on the company’s products and/or
Specialist, Global Markets, U.S.
Export Listings in the Upcoming Smart services.
Department of Commerce, Telephone:
Cities, Regions and Communities: In addition to the above criteria, in
202–482–3048 or Email: Rachael.Croft@ making selection decisions, GM will
Global Tools of Engagement
trade.gov or Vinay Vijay Singh, Senior consider the diversity of the
AGENCY: U.S. Department of Commerce, Advisor, Global Markets, U.S. submissions to arrive at an Export
International Trade Administration. Department of Commerce, Telephone: Listing Guide that will (a) represent the
202–482–7948 or Email: vinay.singh@ diversity of business sectors applicable
ACTION: Notice of Opportunity for trade.gov. to smart cities, as well as a cross-section
Listing. SUPPLEMENTARY INFORMATION: U.S. of small, medium, and large-sized firms;
industry is competitive across various (b) represent multiple technologies,
SUMMARY: Located within the U.S. infrastructure and technology sectors products, and services within each
Department of Commerce International that contribute to global Smart City, sector; and (c) include new exporters in
Trade Administration, Global Markets Regional and Community development. addition to companies with
(GM) promotes trade and investment. The goal of the Export Listing Guide is technologies, products, and services
GM works to improve the global to promote U.S. goods and services that already implemented in foreign markets.
business environment and helps U.S. can be exported to global cities as they COST: The cost of a showcase 8.5 x
organizations compete abroad. In urbanize within a broader U.S. 11 inch page for a large firm, defined as
furtherance of GM’s mission and the Department of Commerce smart city a U.S. firm with more than 500
U.S. Department of Commerce’s resource guide. employees, is $795 per single side page.
strategic goal of increasing trade and The U.S. Department of Commerce The cost of a showcase 8.5 x 11 inch
investment opportunities for U.S. will publish this smart city resource page for a small or medium-sized
companies globally, GM is offering a guide for distribution at relevant trade business, defined as a U.S. company
new for-fee service for U.S. exporters to fairs and exhibitions globally. The U.S. with fewer than 500 employees, is $395
be listed in an Export Listing Guide as Department of Commerce will also host per single side page. Large and small
part of a larger Smart Cities Resource a digital version of the Export Listing U.S. firms can submit a minimum of one
Guide inventorying the various Guide. single sided page and maximum two
initiatives and programming related to single sided pages of content priced
Smart Cities within the U.S. Department Criteria To Be Eligible for Listing
respectively at $795 and $395 per page.
of Commerce. The Export Listing Guide (1) A U.S. Company must meet the These fees will cover the expenses of
aims to showcase U.S. goods and eligibility requirements for Global designing, printing and distributing the
services in the various sectors Markets/U.S. & Foreign Commercial Export Listing Guide.
comprising Smart City urban Service for-fee export assistance SUBMISSION INSTRUCTIONS: All
development globally. For the purposes services, which requires that a company interested firms should (1) first register
of the Export Listing Guide, ‘Smart City’ be a U.S. exporter that exports or seeks using this link: https://emenuapps.ita.
is a broad urban development term to export goods or services produced in doc.gov/ePublic/newRegistration.jsp
generally referring to urban planning the United States. To qualify as a U.S. ?SmartCode=6S4B; (2) After registering,
and infrastructure development focused exporter, the submitter must be: (a) A a representative from Global Markets
around the integration of multiple United States citizen; (b) a corporation, will contact you with a Participation
information and communications partnership or other association created Agreement that will need to be signed
technology (ICT) solutions to better under the laws of the United States or and returned to us by email. The
manage a city’s municipal operations; of any State; or (c) a foreign corporation, Participation Agreement can be emailed
and to provide real time citizen partnership, or other association, more to Rachael.Croft@trade.gov; and
feedback for enhanced city governance. than 95 percent of which is owned by Vinay.Singh@trade.gov; (3) Please
General domains of Smart City products persons described in (a) and (b) above. submit your showcase page(s) by email
and services can be categorized as: To qualify as a good or service produced to Rachael.Croft@trade.gov; and
Energy & power; water & sanitation; in the United States, the good or service Vinay.Singh@trade.gov; (4) Lastly, a
information and communications must be either of United States origin or
mstockstill on DSK3G9T082PROD with NOTICES
representative from Global Markets will
technology; transportation; healthcare; have at least 51% U.S. content if not of contact you to complete payment over
design & planning; infrastructure United States origin. the phone.
financing; environmental protection/ (2) A U.S. Company submission U.S. companies must follow the
safety; and/or governance solutions. should showcase currently available instructions outlined below to format
Please see SUPPLEMENTARY INFORMATION U.S. goods and services exportable and their submissions.
for additional detail regarding applicable to Smart City urban planning The address and deadline for
submission requirements. and infrastructure development with submissions are as stated above in this
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Document Created: 2016-04-28 01:05:59
Document Modified: 2016-04-28 01:05:59
| 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 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 Citation | 81 FR 25386 |
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