82_FR_1700 82 FR 1696 - Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

82 FR 1696 - Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 4 (January 6, 2017)

Page Range1696-1698
FR Document2017-00036

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''), covering the period April 1, 2015, through March 31, 2016. The Department preliminarily determines that Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') did not have reviewable entries during the period of review (``POR''). We invite interested parties to comment on these preliminary results.

Federal Register, Volume 82 Issue 4 (Friday, January 6, 2017)
[Federal Register Volume 82, Number 4 (Friday, January 6, 2017)]
[Notices]
[Pages 1696-1698]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00036]


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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; 2015-2016

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''), covering the period 
April 1, 2015, through March 31, 2016. The Department preliminarily 
determines that Tianjin Magnesium International, Co., Ltd. (``TMI'') 
and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') did not have 
reviewable entries during the period of review (``POR''). We invite 
interested parties to comment on these preliminary results.

[[Page 1697]]


DATES: Effective January 6, 2017.

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, 1401 Constitution 
Avenue NW., Washington DC 20230; telephone: (202) 482-3965 or (202) 
482-5848, respectively.

Background

    On April 1, 2016, 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 POR.\1\ On April 29, 2016, in 
response to a timely request from Petitioner,\2\ and in accordance with 
section 751(a) of the Tariff Act of 1930, as amended (the ``Act''), and 
19 CFR 351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on magnesium metal from the PRC with respect to 
TMI and TMM.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 18826 (April 1, 2016).
    \2\ See letter from U.S. Magnesium LLC (``Petitioner''), 
``Magnesium Metal from the People's Republic of China: Request for 
Administrative Review,'' dated April 29, 2016.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 36268 (June 6, 2016).
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Scope of the Order

    The product covered by this order is magnesium metal from the PRC, 
which includes primary and secondary alloy magnesium metal, regardless 
of chemistry, raw material source, form, shape, or size. Magnesium is a 
metal or alloy containing by weight primarily the element magnesium. 
Primary magnesium is produced by decomposing raw materials into 
magnesium metal. Secondary magnesium is produced by recycling 
magnesium-based scrap into magnesium metal. The magnesium covered by 
this order includes blends of primary and secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy''\4\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \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.
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    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\
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    \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.
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    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.

Preliminary Determination of No Shipments

    We received timely submissions from TMM and TMI certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\7\ On July 11, 2016, we requested 
the U.S. Customs and Border Protection (``CBP'') data file of entries 
of subject merchandise imported into the United States during the POR, 
and exported by TMM and/or TMI. This query returned no entries during 
the POR.\8\ Additionally, in order to examine TMM's and TMI's claim, we 
sent an inquiry to CBP requesting that it provide any information 
contrary to these no-shipments claims.\9\ We received no notification 
from CBP of any entries of subject merchandise concerning these 
companies. On August 15, 2016, Petitioner, submitted public information 
it alleged contradicts TMM's and TMI's certifications of no shipments 
of subject merchandise during the POR.\10\
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    \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 24, 2016, at 1. 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 July 1, 2016, at 1.
    \8\ See Memorandum to the File, ``RE: U.S. Customs and Border 
Protection Data,'' dated September 29, 2016 (``No Shipments Memo''), 
at Attachment 1.
    \9\ See No Shipments Memo, at Attachment 2. See also CBP message 
6250303, dated 09/06/2016.
    \10\ See letter from Petitioner, ``Magnesium Metal from the 
People's Republic of China: Response to TMM/TMI's No Shipment 
Certifications,'' dated August 15, 2016, at Exhibits 1-3. We 
provided the information submitted by Petitioner to CBP on November 
4, 2016. See the Department's letter to Alexander Amdur, Director, 
AD/CVD Policy & Programs Division, Office of International Trade 
U.S. Customs & Border Protection, from Wendy J. Frankel Director, 
Customs Liaison Unit, ``Pure Magnesium from the People's Republic of 
China and Magnesium Metal from the People's Republic of China,'' 
dated November 4, 2016, at Attachment II.
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    Because we have not received information to the contrary from CBP, 
consistent with our practice, we preliminarily determine that TMI and 
TMM had no shipments and, therefore, no reviewable entries during the 
POR. In addition, we find it is not appropriate to rescind the review 
with respect to these companies 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 our practice 
in non-market economy (``NME'') cases.\11\
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    \11\ See Glycine From the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016) and the ``Assessment Rates'' section, 
below.

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[[Page 1698]]

Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice in the Federal 
Register.\12\ Rebuttals to case briefs, which must be limited to issues 
raised in the case briefs, must be filed within five days after the 
date for filing case briefs.\13\ Parties who submit arguments are 
requested to submit with each argument (a) a statement of the issue, 
(b) a brief summary of the argument, and (c) a table of 
authorities.\14\ 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'').\15\ ACCESS is available to registered users at 
https://access.trade.gov, and is available to all parties in the 
Central Records Unit, Room B8024 of the main Department of Commerce 
building.
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1)(2).
    \14\ See 19 CFR 351.309(c)(2), (d)(2).
    \15\ See 19 CFR 351.303 (for general filing requirements).
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    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. Hearing 
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, parties will 
be notified of the time and date of the hearing which will be held at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    Unless extended, we intend to issue the final results of this 
administrative review, including our analysis of all issues raised in 
any written brief, within 120 days of publication of this notice 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.\16\ We intend to issue assessment instructions 
to CBP 15 days after the publication date of the final results of this 
review. Pursuant to the Department's practice in NME cases, if we 
continue to determine in the final results that TMI and TMM had no 
shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR from these companies will be liquidated at 
the PRC-wide rate.\17\
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    \16\ See 19 CFR 351.212(b)(1).
    \17\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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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 of the 
final results of review, 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 may result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is issued in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: December 29, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-00036 Filed 1-5-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                1696                               Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                the source of raw materials for the MgO,                   shall assess, antidumping duties on all                351.402(f)(2) to file a certificate
                                                with carbon levels ranging from trace                      appropriate entries in this review, in                 regarding the reimbursement of
                                                amounts to 30 percent by weight,                           accordance with section 751(a)(2)(C) of                antidumping duties prior to liquidation
                                                regardless of enhancements (for                            the Act and 19 CFR 351.212(b)(1). The                  of the relevant entries during this
                                                example, MCBs can be enhanced with                         Department intends to issue assessment                 review period. Failure to comply with
                                                coating, grinding, tar impregnation or                     instructions directly to CBP 15 days                   this requirement could result in the
                                                coking, high temperature heat                              after publication in the Federal Register              Secretary’s presumption that
                                                treatments, anti-slip treatments or metal                  of these final results of this                         reimbursement of antidumping duties
                                                casing) and regardless of whether or not                   administrative review.                                 occurred and the subsequent assessment
                                                antioxidants are present (for example,                        In accordance with the Department’s                 of double antidumping duties.
                                                antioxidants can be added to the mix                       assessment practice in NME cases, for
                                                from trace amounts to 15 percent by                        entries that were not reported in the                  Administrative Protective Order
                                                weight as various metals, metal alloys,                    U.S. sales data submitted by companies                   This notice also serves as a reminder
                                                and metal carbides). Certain MCBs that                     individually examined during the                       to parties subject to administrative
                                                are the subject of this order are currently                administrative review, the Department                  protective order (APO) of their
                                                classifiable under subheadings                             will instruct CBP to liquidate such                    responsibility concerning the return or
                                                6902.10.1000, 6902.10.5000,                                entries for the PRC-wide entity.                       destruction of proprietary information
                                                6815.91.0000, 6815.99.2000, and                            Additionally, if the Department                        disclosed under APO in accordance
                                                6815.99.4000 of the Harmonized Tariff                      determines that an exporter had no                     with 19 CFR 351.305(a)(3), which
                                                Schedule of the United States (HTSUS).                     shipments of the subject merchandise,                  continues to govern business
                                                While HTSUS subheadings are provided                       any suspended entries that entered                     proprietary information in this segment
                                                for convenience and customs purposes,                      under that exporter’s case number (i.e.,               of the proceeding. Timely written
                                                the written description is dispositive.                    at that exporter’s cash deposit rate) will             notification of the return/destruction of
                                                                                                           be liquidated at the rate for the PRC-                 APO materials or conversion to judicial
                                                Final Results of Review                                    wide entity.5                                          protective order is hereby requested.
                                                   As noted above, the Department                                                                                 Failure to comply with the regulations
                                                received no comments concerning the                        Cash Deposit Requirements
                                                                                                                                                                  and terms of an APO is a violation,
                                                Preliminary Results. As there are no                          The following cash deposit                          which is subject to sanction.
                                                changes from, or comments upon, the                        requirements will be effective upon                      We are issuing and publishing this
                                                Preliminary Results, the Department                        publication of the final results of this               notice in accordance with sections
                                                finds that there is no reason to modify                    administrative review for all shipments                751(a)(1) and 777(i)(1) of the Act, and 19
                                                its analysis. Therefore, in these final                    of the subject merchandise entered, or                 CFR 351.213(h).
                                                results of review, we have rescinded the                   withdrawn from warehouse, for
                                                review with respect to Fedmet                              consumption on or after the publication                  Dated: December 29, 2016.
                                                Resources Corporation, continued to                        date, as provided for by section                       Paul Piquado,
                                                find that Fengchi Imp. and Exp. Co.,                       751(a)(2)(C) of the Act: (1) For any                   Assistant Secretary for Enforcement and
                                                Ltd. of Haicheng City and RHI                              companies listed that have a separate                  Compliance.
                                                Refractories Liaoning, Co. Ltd. had no                     rate, the cash deposit rate will be that               [FR Doc. 2017–00027 Filed 1–5–17; 8:45 am]
                                                reviewable entries, and treated the                        established in the final results of this               BILLING CODE 3510–DS–P
                                                remaining companies under review as                        review (except, if the rate is zero or de
                                                part of the PRC-wide entity.2 The                          minimis, then zero cash deposit will be
                                                Department’s policy regarding                              required); (2) for previously investigated             DEPARTMENT OF COMMERCE
                                                conditional review of the PRC-wide                         or reviewed PRC and non-PRC exporters
                                                entity applies to this administrative                      not listed that received a separate rate               International Trade Administration
                                                review.3 Under this policy, the PRC-                       in a prior segment of this proceeding,                 [A–570–896]
                                                wide entity will not be under review                       the cash deposit rate will continue to be
                                                unless a party specifically requests, or                   the existing exporter-specific rate; (3) for           Magnesium Metal From the People’s
                                                the Department self-initiates, a review of                 all PRC exporters of subject                           Republic of China: Preliminary Results
                                                the entity. Because the PRC-wide entity                    merchandise that have not been found                   of Antidumping Duty Administrative
                                                is not under review, the entity’s rate                     to be entitled to a separate rate, the cash            Review; 2015–2016
                                                (i.e., 236.00 percent) is not subject to                   deposit rate will be that for the PRC-
                                                change.4                                                   wide entity; and (4) for all non-PRC                   AGENCY:   Enforcement and Compliance,
                                                                                                           exporters of subject merchandise which                 International Trade Administration,
                                                Assessment Rates                                           have not received their own rate, the                  Department of Commerce.
                                                  The Department determined, and U.S.                      cash deposit rate will be the rate                     SUMMARY: The Department of Commerce
                                                Customs and Border Protection (CBP)                        applicable to the PRC exporter that                    (‘‘Department’’) is conducting the
                                                                                                           supplied that non-PRC exporter. These                  administrative review of the
                                                   2 For further details of the issues addressed in this
                                                                                                           deposit requirements, when imposed,                    antidumping duty order on magnesium
                                                proceeding, see the Preliminary Results and
                                                accompanying PDM which can be accessed directly
                                                                                                           shall remain in effect until further                   metal from the People’s Republic of
                                                at http://enforcement.trade.gov/frn/index.html.            notice.                                                China (‘‘PRC’’), covering the period
                                                   3 See Antidumping Proceedings: Announcement                                                                    April 1, 2015, through March 31, 2016.
                                                of Change in Department Practice for Respondent
                                                                                                           Reimbursement of Duties
                                                                                                                                                                  The Department preliminarily
sradovich on DSK3GMQ082PROD with NOTICES




                                                Selection in Antidumping Duty Proceedings and                This notice also serves as a final                   determines that Tianjin Magnesium
                                                Conditional Review of the Nonmarket Economy
                                                Entity in NME Antidumping Duty Proceedings, 78
                                                                                                           reminder to importers of their                         International, Co., Ltd. (‘‘TMI’’) and
                                                FR 65963 (November 4, 2013).                               responsibility under 19 CFR                            Tianjin Magnesium Metal, Co., Ltd.
                                                   4 See Certain Magnesia Carbon Bricks from the
                                                                                                                                                                  (‘‘TMM’’) did not have reviewable
                                                People’s Republic of China: Final Results and Final          5 For a full discussion of this practice, see Non-

                                                Partial Rescission of the Antidumping Duty                 Market Economy Antidumping Proceedings:
                                                                                                                                                                  entries during the period of review
                                                Administrative Review; 2012–2013, 80 FR 19961,             Assessment of Antidumping Duties, 76 FR 65694,         (‘‘POR’’). We invite interested parties to
                                                19962 (April 14, 2015).                                    65694–95 (October 24, 2011).                           comment on these preliminary results.


                                           VerDate Sep<11>2014    18:06 Jan 05, 2017   Jkt 241001   PO 00000    Frm 00012   Fmt 4703    Sfmt 4703   E:\FR\FM\06JAN1.SGM   06JAN1


                                                                                 Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices                                                        1697

                                                DATES:   Effective January 6, 2017.                     for Magnesium Alloy’’4 and are thus                    Preliminary Determination of No
                                                FOR FURTHER INFORMATION CONTACT:                        outside the scope of the existing                      Shipments
                                                James Terpstra or Brendan Quinn, AD/                    antidumping orders on magnesium from                      We received timely submissions from
                                                CVD Operations, Office III, Enforcement                 the PRC (generally referred to as ‘‘alloy’’            TMM and TMI certifying that they did
                                                and Compliance, International Trade                     magnesium).                                            not have sales, shipments, or exports of
                                                Administration, U.S. Department of                         The scope of this order excludes: (1)               subject merchandise to the United
                                                Commerce, 1401 Constitution Avenue                                                                             States during the POR.7 On July 11,
                                                                                                        All forms of pure magnesium, including
                                                NW., Washington DC 20230; telephone:                                                                           2016, we requested the U.S. Customs
                                                                                                        chemical combinations of magnesium
                                                (202) 482–3965 or (202) 482–5848,                                                                              and Border Protection (‘‘CBP’’) data file
                                                respectively.                                           and other material(s) in which the pure
                                                                                                        magnesium content is 50 percent or                     of entries of subject merchandise
                                                Background                                              greater, but less than 99.8 percent, by                imported into the United States during
                                                                                                        weight, that do not conform to an                      the POR, and exported by TMM and/or
                                                   On April 1, 2016, the Department
                                                                                                        ‘‘ASTM Specification for Magnesium                     TMI. This query returned no entries
                                                published a notice of opportunity to
                                                                                                                                                               during the POR.8 Additionally, in order
                                                request an administrative review of the                 Alloy’’ 5; (2) magnesium that is in liquid
                                                                                                                                                               to examine TMM’s and TMI’s claim, we
                                                antidumping duty order on magnesium                     or molten form; and (3) mixtures
                                                                                                                                                               sent an inquiry to CBP requesting that
                                                metal from the PRC for the POR.1 On                     containing 90 percent or less                          it provide any information contrary to
                                                April 29, 2016, in response to a timely                 magnesium in granular or powder form                   these no-shipments claims.9 We
                                                request from Petitioner,2 and in                        by weight and one or more of certain                   received no notification from CBP of
                                                accordance with section 751(a) of the                   non-magnesium granular materials to
                                                Tariff Act of 1930, as amended (the                                                                            any entries of subject merchandise
                                                                                                        make magnesium-based reagent                           concerning these companies. On August
                                                ‘‘Act’’), and 19 CFR 351.221(c)(1)(i), we               mixtures, including lime, calcium
                                                initiated an administrative review of the                                                                      15, 2016, Petitioner, submitted public
                                                                                                        metal, calcium silicon, calcium carbide,               information it alleged contradicts
                                                antidumping duty order on magnesium                     calcium carbonate, carbon, slag
                                                metal from the PRC with respect to TMI                                                                         TMM’s and TMI’s certifications of no
                                                                                                        coagulants, fluorspar, nephaline syenite,              shipments of subject merchandise
                                                and TMM.3                                               feldspar, alumina (Al203), calcium                     during the POR.10
                                                Scope of the Order                                      aluminate, soda ash, hydrocarbons,                        Because we have not received
                                                   The product covered by this order is                 graphite, coke, silicon, rare earth                    information to the contrary from CBP,
                                                magnesium metal from the PRC, which                     metals/mischmetal, cryolite, silica/fly                consistent with our practice, we
                                                includes primary and secondary alloy                    ash, magnesium oxide, periclase,                       preliminarily determine that TMI and
                                                magnesium metal, regardless of                          ferroalloys, dolomite lime, and                        TMM had no shipments and, therefore,
                                                chemistry, raw material source, form,                   colemanite.6                                           no reviewable entries during the POR.
                                                shape, or size. Magnesium is a metal or                    The merchandise subject to this order               In addition, we find it is not appropriate
                                                alloy containing by weight primarily the                is classifiable under items 8104.19.00,                to rescind the review with respect to
                                                element magnesium. Primary                                                                                     these companies but, rather, to complete
                                                                                                        and 8104.30.00 of the Harmonized Tariff
                                                magnesium is produced by                                                                                       the review with respect to TMI and
                                                                                                        Schedule of the United States
                                                decomposing raw materials into                                                                                 TMM and issue appropriate instructions
                                                                                                        (‘‘HTSUS’’). Although the HTSUS items
                                                magnesium metal. Secondary                                                                                     to CBP based on the final results of the
                                                                                                        are provided for convenience and                       review, consistent with our practice in
                                                magnesium is produced by recycling                      customs purposes, the written
                                                magnesium-based scrap into magnesium                                                                           non-market economy (‘‘NME’’) cases.11
                                                                                                        description of the merchandise is
                                                metal. The magnesium covered by this
                                                                                                        dispositive.                                               7 See letter from TMM, ‘‘Magnesium Metal From
                                                order includes blends of primary and
                                                                                                                                                               the People’s Republic of China; A–570–896;
                                                secondary magnesium.                                       4 The meaning of this term is the same as that      Certification of No Sales by Tianjin Magnesium
                                                   The subject merchandise includes the                                                                        Metal Co., Ltd.,’’ dated June 24, 2016, at 1. See letter
                                                                                                        used by the American Society for Testing and
                                                following alloy magnesium metal                         Materials in its Annual Book for ASTM Standards:       from TMI, ‘‘Magnesium Metal from the People’s
                                                products made from primary and/or                       Volume 01.02 Aluminum and Magnesium Alloys.            Republic of China; A–570–896; Certification of No
                                                secondary magnesium including,                             5 The material is already covered by existing       Sales by Tianjin Magnesium International, Co.,
                                                                                                                                                               Ltd.,’’ dated July 1, 2016, at 1.
                                                without limitation, magnesium cast into                 antidumping orders. See Notice of Antidumping
                                                                                                                                                                   8 See Memorandum to the File, ‘‘RE: U.S.
                                                ingots, slabs, rounds, billets, and other               Duty Orders: Pure Magnesium from the People’s
                                                                                                        Republic of China, the Russian Federation and          Customs and Border Protection Data,’’ dated
                                                shapes; magnesium ground, chipped,                      Ukraine; Notice of Amended Final Determination of      September 29, 2016 (‘‘No Shipments Memo’’), at
                                                crushed, or machined into rasping,                      Sales at Less Than Fair Value: Antidumping Duty        Attachment 1.
                                                                                                                                                                   9 See No Shipments Memo, at Attachment 2. See
                                                granules, turnings, chips, powder,                      Investigation of Pure Magnesium From the Russian
                                                                                                        Federation, 60 FR 25691 (May 12, 1995); and            also CBP message 6250303, dated 09/06/2016.
                                                briquettes, and other shapes; and
                                                                                                        Antidumping Duty Order: Pure Magnesium in                  10 See letter from Petitioner, ‘‘Magnesium Metal
                                                products that contain 50 percent or                     Granular Form from the People’s Republic of China,     from the People’s Republic of China: Response to
                                                greater, but less than 99.8 percent,                    66 FR 57936 (November 19, 2001).                       TMM/TMI’s No Shipment Certifications,’’ dated
                                                magnesium, by weight, and that have                        6 This third exclusion for magnesium-based          August 15, 2016, at Exhibits 1–3. We provided the
                                                been entered into the United States as                  reagent mixtures is based on the exclusion for         information submitted by Petitioner to CBP on
                                                                                                        reagent mixtures in the 2000–2001 investigations of    November 4, 2016. See the Department’s letter to
                                                conforming to an ‘‘ASTM Specification                                                                          Alexander Amdur, Director, AD/CVD Policy &
                                                                                                        magnesium from China, Israel, and Russia. See
                                                                                                        Final Determination of Sales at Less Than Fair         Programs Division, Office of International Trade
                                                   1 See Antidumping or Countervailing Duty Order,                                                             U.S. Customs & Border Protection, from Wendy J.
                                                                                                        Value: Pure Magnesium in Granular Form From the
                                                Finding, or Suspended Investigation; Opportunity        People’s Republic of China, 66 FR 49345                Frankel Director, Customs Liaison Unit, ‘‘Pure
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                                                To Request Administrative Review, 81 FR 18826           (September 27, 2001); Final Determination of Sales     Magnesium from the People’s Republic of China
                                                (April 1, 2016).                                        at Less Than Fair Value: Pure Magnesium From           and Magnesium Metal from the People’s Republic
                                                   2 See letter from U.S. Magnesium LLC
                                                                                                        Israel, 66 FR 49349 (September 27, 2001); Final        of China,’’ dated November 4, 2016, at Attachment
                                                (‘‘Petitioner’’), ‘‘Magnesium Metal from the People’s   Determination of Sales at Not Less Than Fair Value:    II.
                                                Republic of China: Request for Administrative           Pure Magnesium From the Russian Federation, 66             11 See Glycine From the People’s Republic of
                                                Review,’’ dated April 29, 2016.                         FR 49347 (September 27, 2001). These mixtures are      China: Final Results of Antidumping Duty
                                                   3 See Initiation of Antidumping and                  not magnesium alloys, because they are not             Administrative Review 2014–2015, 81 FR 72567
                                                Countervailing Duty Administrative Reviews, 81 FR       combined in liquid form and cast into the same         (October 20, 2016) and the ‘‘Assessment Rates’’
                                                36268 (June 6, 2016).                                   ingot.                                                 section, below.



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                                                1698                             Federal Register / Vol. 82, No. 4 / Friday, January 6, 2017 / Notices

                                                Public Comment                                          this review. Pursuant to the                              Dated: December 29, 2016.
                                                   Interested parties may submit case                   Department’s practice in NME cases, if                  Paul Piquado,
                                                briefs no later than 30 days after the                  we continue to determine in the final                   Assistant Secretary for Enforcement and
                                                date of publication of this notice in the               results that TMI and TMM had no                         Compliance.
                                                Federal Register.12 Rebuttals to case                   shipments of subject merchandise, any                   [FR Doc. 2017–00036 Filed 1–5–17; 8:45 am]
                                                briefs, which must be limited to issues                 suspended entries of subject                            BILLING CODE 3510–DS–P
                                                raised in the case briefs, must be filed                merchandise during the POR from these
                                                within five days after the date for filing              companies will be liquidated at the
                                                case briefs.13 Parties who submit                       PRC-wide rate.17                                        DEPARTMENT OF COMMERCE
                                                arguments are requested to submit with                  Cash Deposit Requirements
                                                each argument (a) a statement of the                                                                            International Trade Administration
                                                                                                          The following cash deposit
                                                issue, (b) a brief summary of the                                                                               [A–570–932]
                                                                                                        requirements will be effective upon
                                                argument, and (c) a table of
                                                                                                        publication of the final results of this                Certain Steel Threaded Rod From the
                                                authorities.14 Parties submitting briefs
                                                                                                        administrative review for all shipments                 People’s Republic of China: Amended
                                                should do so pursuant to the
                                                                                                        of the subject merchandise entered, or                  Final Results of Antidumping Duty
                                                Department’s electronic filing system:
                                                                                                        withdrawn from warehouse, for                           Administrative Review; 2014–2015
                                                Enforcement and Compliance’s
                                                                                                        consumption on or after the publication
                                                Antidumping and Countervailing Duty                     date of the final results of review, as                 AGENCY:  Enforcement and Compliance,
                                                Centralized Electronic Service System                   provided for by section 751(a)(2)(C) of                 International Trade Administration,
                                                (‘‘ACCESS’’).15 ACCESS is available to                  the Act: (1) For TMI, which claimed no                  Department of Commerce.
                                                registered users at https://                            shipments, the cash deposit rate will                   SUMMARY: The Department of Commerce
                                                access.trade.gov, and is available to all               remain unchanged from the rate
                                                parties in the Central Records Unit,                                                                            (the ‘‘Department’’) published the Final
                                                                                                        assigned to TMI in the most recently                    Results of the sixth administrative
                                                Room B8024 of the main Department of                    completed review of the company; (2)
                                                Commerce building.                                                                                              review of the antidumping duty order
                                                                                                        for previously investigated or reviewed                 on certain steel threaded rod from the
                                                   Pursuant to 19 CFR 351.310(c),                       PRC and non-PRC exporters who are not
                                                interested parties who wish to request a                                                                        People’s Republic of China (‘‘PRC’’) on
                                                                                                        under review in this segment of the                     November 22, 2016. The period of
                                                hearing must submit a written request to                proceeding but who have separate rates,
                                                the Assistant Secretary for Enforcement                                                                         review (‘‘POR’’) is April 1, 2014,
                                                                                                        the cash deposit rate will continue to be               through March 31, 2015. This review
                                                and Compliance, U.S. Department of                      the exporter-specific rate published for
                                                Commerce within 30 days of the date of                                                                          covers two PRC exporters of subject
                                                                                                        the most recent period; (3) for all PRC                 merchandise, RMB Fasteners Ltd., IFI &
                                                publication of this notice. Hearing                     exporters of subject merchandise that
                                                requests should contain the following                                                                           Morgan Ltd., and Jiaxing Brother
                                                                                                        have not been found to be entitled to a                 Standard Part Co., Ltd. (collectively ‘‘the
                                                information: (1) The party’s name,                      separate rate (including TMM, which
                                                address, and telephone number; (2) the                                                                          RMB/IFI Group’’), and Zhejiang New
                                                                                                        claimed no shipments, but has not been                  Oriental Fastener Co., Ltd. (‘‘New
                                                number of participants; and (3) a list of               found to be separate from the PRC-wide
                                                the issues parties intend to discuss.                                                                           Oriental’’). The amended final dumping
                                                                                                        entity), the cash deposit rate will be the              margins are listed below in the ‘‘Final
                                                Issues raised in the hearing will be                    PRC-wide rate of 141.49 percent; and (4)
                                                limited to those raised in the respective                                                                       Results of Administrative Review’’
                                                                                                        for all non-PRC exporters of subject                    section of this notice.
                                                case and rebuttal briefs. If a request for              merchandise which have not received
                                                a hearing is made, parties will be                                                                              DATES: Effective January 6, 2017.
                                                                                                        their own rate, the cash deposit rate will
                                                notified of the time and date of the                    be the rate applicable to the PRC                       FOR FURTHER INFORMATION CONTACT: Paul
                                                hearing which will be held at the U.S.                  exporter(s) that supplied that non-PRC                  Walker, AD/CVD Operations, Office V,
                                                Department of Commerce, 1401                            exporter. These deposit requirements,                   Enforcement and Compliance,
                                                Constitution Avenue NW., Washington,                    when imposed, shall remain in effect                    International Trade Administration,
                                                DC 20230.                                               until further notice.                                   U.S. Department of Commerce, 14th
                                                   Unless extended, we intend to issue                                                                          Street and Constitution Avenue NW.,
                                                the final results of this administrative                Notification to Importers                               Washington DC 20230; telephone: (202)
                                                review, including our analysis of all                     This notice also serves as a                          482–0413.
                                                issues raised in any written brief, within              preliminary reminder to importers of                    SUPPLEMENTARY INFORMATION:
                                                120 days of publication of this notice in               their responsibility under 19 CFR
                                                the Federal Register, pursuant to                       351.402(f)(2) to file a certificate                     Background
                                                section 751(a)(3)(A) of the Act.                        regarding the reimbursement of                            The Department published in the
                                                Assessment Rates                                        antidumping duties prior to liquidation                 Federal Register the Final Results of
                                                                                                        of the relevant entries during this                     this administrative review on November
                                                  Upon issuance of the final results, the               period. Failure to comply with this                     22, 2016.1 On December 2, 2016, New
                                                Department will determine, and CBP                      requirement may result in the                           Oriental filed a timely allegation that
                                                shall assess, antidumping duties on all                 Secretary’s presumption that                            the Department made two ministerial
                                                appropriate entries covered by this                     reimbursement of antidumping duties                     errors in the Final Results and
                                                review.16 We intend to issue assessment                 occurred and the subsequent assessment                  requested, pursuant to 19 CFR 351.224,
                                                instructions to CBP 15 days after the                   of double antidumping duties.
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                                                                                                                                                                that the Department correct the alleged
                                                publication date of the final results of                  This notice is issued in accordance                   ministerial errors. No other party
                                                                                                        with sections 751(a)(1) and 777(i)(1) of
                                                  12 See 19 CFR 351.309(c)(1)(ii).                      the Act, and 19 CFR 351.221(b)(4).                        1 See Certain Steel Threaded Rod from the
                                                  13 See 19 CFR 351.309(d)(1)(2).                                                                               People’s Republic of China: Final Results of
                                                  14 See 19 CFR 351.309(c)(2), (d)(2).
                                                                                                          17 For a full discussion of this practice, see Non-   Antidumping Duty Administrative Review; 2014–
                                                  15 See 19 CFR 351.303 (for general filing
                                                                                                        Market Economy Antidumping Proceedings:                 2015, 81 FR 8300 (November 22, 2016) (‘‘Final
                                                requirements).                                          Assessment of Antidumping Duties, 76 FR 65694           Results’’), and accompanying Issues and Decision
                                                  16 See 19 CFR 351.212(b)(1).                          (October 24, 2011).                                     Memorandum (‘‘IDM’’).



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Document Created: 2017-01-06 01:30:01
Document Modified: 2017-01-06 01:30:01
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
DatesEffective January 6, 2017.
ContactJames Terpstra or Brendan Quinn, AD/ CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington DC 20230; telephone: (202) 482-3965 or (202) 482-5848, respectively.
FR Citation82 FR 1696 

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