82_FR_8738 82 FR 8720 - Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016

82 FR 8720 - Pure Magnesium 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 18 (January 30, 2017)

Page Range8720-8722
FR Document2017-01955

The Department of Commerce (``Department'') is conducting an administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (``PRC''), covering the period May 1, 2015, through April 30, 2016. The Department preliminarily determines that Tianjin Magnesium International, Co., Ltd. (``TMI'') and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') (collectively ``TMI/ TMM'') \1\ 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 18 (Monday, January 30, 2017)
[Federal Register Volume 82, Number 18 (Monday, January 30, 2017)]
[Notices]
[Pages 8720-8722]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01955]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium 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 an 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (``PRC''), covering the period May 
1, 2015, through April 30, 2016. The Department preliminarily 
determines that Tianjin Magnesium International, Co., Ltd. (``TMI'') 
and Tianjin Magnesium Metal, Co., Ltd. (``TMM'') (collectively ``TMI/
TMM'') \1\ did not have reviewable entries during the period of review 
(``POR''). We invite interested parties to comment on these preliminary 
results.
---------------------------------------------------------------------------

    \1\ In the 2011-2012 administrative review of the order, the 
Department determined TMM and TMI to be collapsed and treated as a 
single company for purposes of the proceeding and, because there 
were no changes to the facts which supported that decision since 
that determination was made, we continue to find that these 
companies are part of a single entity for this administrative 
review. See Pure Magnesium From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2011-2012, 
79 FR 94 (January 2, 2014) and accompanying Issues and Decision 
Memorandum at Comment 5.

---------------------------------------------------------------------------
DATES: Effective January 30, 2017.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Brendan Quinn, AD/

[[Page 8721]]

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 May 2, 2016, the Department published a notice of opportunity to 
request an administrative review of the antidumping duty order on pure 
magnesium from the PRC for the POR.\2\ On May 31, 2016, in response to 
a timely request from Petitioner,\3\ 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 pure magnesium from the PRC with respect to 
TMI and TMM.\4\
---------------------------------------------------------------------------

    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 81 FR 26206 (May 2, 2016).
    \3\ See letter from U.S. Magnesium, ``Pure Magnesium from the 
People's Republic of China: Request for Administrative Review,'' 
dated May 31, 2016.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 81 FR 44260 (July 7, 2016) (``Initiation 
Notice'').
---------------------------------------------------------------------------

Scope of the Order

    Merchandise covered by the order is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
the order. Pure magnesium is a metal or alloy containing by weight 
primarily the element magnesium and produced by decomposing raw 
materials into magnesium metal. Pure primary magnesium is used 
primarily as a chemical in the aluminum alloying, desulfurization, and 
chemical reduction industries. In addition, pure magnesium is used as 
an input in producing magnesium alloy. Pure magnesium encompasses 
products (including, but not limited to, butt ends, stubs, crowns and 
crystals) with the following primary magnesium contents:
    (1) Products that contain at least 99.95% primary magnesium, by 
weight (generally referred to as ``ultra pure'' magnesium);
    (2) Products that contain less than 99.95% but not less than 99.8% 
primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products that contain 50% or greater, but less than 99.8% 
primary magnesium, by weight, and that do not conform to ASTM 
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
    ``Off-specification pure'' magnesium is pure primary magnesium 
containing magnesium scrap, secondary magnesium, oxidized magnesium or 
impurities (whether or not intentionally added) that cause the primary 
magnesium content to fall below 99.8% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of the order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder) having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50% by weight), and remelted magnesium 
whose pure primary magnesium content is less than 50% by weight.
    Pure magnesium products covered by the order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope 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.\5\ 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.\6\ We received none. 
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.\7\
---------------------------------------------------------------------------

    \5\ See Letter from TMM, ``Pure Magnesium from the People's 
Republic of China; A-570-832; Certification of No Sales by Tianjin 
Magnesium Metal Co., Ltd.,'' dated July 25, 2016, at 1. See letter 
from TMI, ``Pure Magnesium from the People's Republic of China; A-
570-832; Certification of No Sales by Tianjin Magnesium 
International, Co., Ltd.,'' dated August 1, 2016.
    \6\ See No Shipments Memo at Attachment 2. See also CBP message 
6273308, dated September 29, 2016.
    \7\ See letter from Petitioner, ``Pure Magnesium from the 
People's Republic of China: Response to TMM/TMI's No Shipment 
Certifications,'' dated August 15, 2016, at Exhibits 1, 2, and 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.
---------------------------------------------------------------------------

    Because we have not received information to the contrary from CBP, 
consistent with our practice, we preliminarily determine that TMI/TMM 
had no shipments and, therefore, no reviewable entries during the POR. 
Further, consistent with our practice in non-market economy (``NME'') 
cases, the Department is not rescinding this review, but intends to 
complete the review with respect to TMI/TMM and issue appropriate 
instructions to CBP based on the final results of the review.\8\
---------------------------------------------------------------------------

    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and 
the ``Assessment Rates'' section, below.
---------------------------------------------------------------------------

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.\9\ 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.\10\ Parties who submit arguments in this 
proceeding 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.\11\ 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'').\12\ 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.
---------------------------------------------------------------------------

    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1)(2).
    \11\ See 19 CFR 351.309(c)(2), (d)(2).
    \12\ See 19 CFR 351.303 (for general filing requirements).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days of the date of publication of this notice. 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 issues to be discussed. Issues raised in the hearing will 
be limited to those

[[Page 8722]]

raised in the respective case 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, not later than 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.\13\ 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 the 
Department continues to determine in the final results that that TMI/
TMM had no shipments of subject merchandise, any suspended entries 
during the POR from TMI/TMM will be liquidated at the PRC-wide 
rate.\14\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.212(b)(1).
    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to TMI/TMM 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, the cash deposit rate 
will be the PRC-wide rate of 111.73 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 off 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: January 24, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-01955 Filed 1-27-17; 8:45 am]
 BILLING CODE 3510-DS-P



                                                  8720                          Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices

                                                  Commission on Civil Rights, 300 North                   this notice in accordance with the 1976                           ESTIMATES OF THE POPULATION OF
                                                  Los Angeles Street, Suite 2010, Los                     amendment to the Federal Election                                 VOTING AGE FOR EACH STATE AND
                                                  Angeles, CA 90012. They may be faxed                    Campaign Act, Title 52, United States                             THE DISTRICT OF COLUMBIA: JULY 1,
                                                  to the Commission at (312) 353–8311, or                 Code, Section 30116(e).                                           2016—Continued
                                                  emailed Ana Victoria Fortes at afortes@                 FOR FURTHER INFORMATION CONTACT:
                                                  usccr.gov. Persons who desire                           Karen Battle, Chief, Population                                                                                  Population
                                                  additional information may contact the                                                                                                    Area
                                                                                                          Division, U.S. Census Bureau, Room                                                                              18 and over
                                                  Regional Programs Unit at (213) 894–                    HQ–6H174, Washington, DC 20233, at
                                                  3437.                                                   301–763–2071.                                                     Vermont .................................         506,066
                                                     Records and documents discussed                                                                                        Virginia ..................................     6,541,685
                                                                                                          SUPPLEMENTARY INFORMATION: Under the                              Washington ...........................          5,658,502
                                                  during the meeting will be available for                requirements of the 1976 amendment to                             West Virginia .........................         1,456,034
                                                  public viewing prior to and after the                   the Federal Election Campaign Act,                                Wisconsin ..............................        4,491,015
                                                  meeting at http://facadatabase.gov/                     Title 52, United States Code, Section                             Wyoming ...............................           446,600
                                                  committee/meetings.aspx?cid=261.                        30116(e), I hereby give notice that the
                                                  Please click on the ‘‘Meeting Details’’                                                                                    Source: U.S. Census Bureau, Population Di-
                                                                                                          estimates of the voting age population                          vision, Vintage 2016 Population Estimates.
                                                  and ‘‘Documents’’ links. Records                        for July 1, 2016, for each state and the
                                                  generated from this meeting may also be                                                                                   I have certified these estimates for the
                                                                                                          District of Columbia are as shown in the                        Federal Election Commission.
                                                  inspected and reproduced at the                         following table.
                                                  Regional Programs Unit, as they become                                                                                    Dated: January 18, 2017.
                                                  available, both before and after the                      ESTIMATES OF THE POPULATION OF                                Penny Pritzker,
                                                  meeting. Persons interested in the work                   VOTING AGE FOR EACH STATE AND                                 Secretary, U.S. Department of Commerce.
                                                  of this Committee are directed to the                                                                                   [FR Doc. 2017–01890 Filed 1–27–17; 8:45 am]
                                                                                                            THE DISTRICT OF COLUMBIA: JULY 1,
                                                  Commission’s Web site, http://                                                                                          BILLING CODE 3510–07–P
                                                  www.usccr.gov, or may contact the                         2016
                                                  Regional Programs Unit at the above                                                                        Population
                                                  email or street address.                                                   Area                                         DEPARTMENT OF COMMERCE
                                                                                                                                                            18 and over
                                                     Agenda:
                                                  I. Introductions—Wendell Blaylock,                      United States:                                    249,485,228   International Trade Administration
                                                        Chair of the Nevada Advisory                        Alabama ................................          3,766,477
                                                                                                                                                                          [A–570–832]
                                                                                                            Alaska ...................................          554,567
                                                        Committee
                                                                                                            Arizona ..................................        5,299,579
                                                  II. Discussion of Potential Panelists for                 Arkansas ...............................          2,283,195
                                                                                                                                                                          Pure Magnesium From the People’s
                                                        Hearing on Municipal Fees and                       California ...............................       30,157,154   Republic of China: Preliminary Results
                                                        Fines in Nevada—Member of the                       Colorado ................................         4,279,173   of Antidumping Duty Administrative
                                                        Nevada Advisory Committee                           Connecticut ...........................           2,823,158   Review; 2015–2016
                                                  III. Public Comment                                       Delaware ...............................            747,791
                                                                                                                                                                          AGENCY:  Enforcement and Compliance
                                                  IV. Adjournment                                           District of Columbia ...............                560,277
                                                                                                            Florida ...................................      16,465,727   International Trade Administration,
                                                     Exceptional Circumstance: Pursuant                     Georgia .................................         7,798,827   Department of Commerce.
                                                  to the Federal Advisory Committee                         Hawaii ...................................        1,120,541   SUMMARY: The Department of Commerce
                                                  Management Regulations (41 CFR 102–                       Idaho .....................................       1,245,967   (‘‘Department’’) is conducting an
                                                  3.150), the notice for this meeting is                    Illinois ....................................     9,875,430   administrative review of the
                                                  given less than 15 calendar days prior                    Indiana ..................................        5,057,601   antidumping duty order on pure
                                                  to the meeting due to exceptional                         Iowa .......................................      2,403,962   magnesium from the People’s Republic
                                                  circumstance of the Committee project                     Kansas ..................................         2,192,338   of China (‘‘PRC’’), covering the period
                                                  supporting the Commission’s 2017                          Kentucky ...............................          3,426,345
                                                                                                                                                                          May 1, 2015, through April 30, 2016.
                                                                                                            Louisiana ...............................         3,567,717
                                                  statutory enforcement report.                             Maine ....................................        1,076,765   The Department preliminarily
                                                    Dated: January 25, 2017.                                Maryland ...............................          4,667,719   determines that Tianjin Magnesium
                                                  David Mussatt,                                            Massachusetts ......................              5,433,677   International, Co., Ltd. (‘‘TMI’’) and
                                                  Supervisory Chief, Regional Programs Unit.
                                                                                                            Michigan ................................         7,737,243   Tianjin Magnesium Metal, Co., Ltd.
                                                                                                            Minnesota ..............................          4,231,619   (‘‘TMM’’) (collectively ‘‘TMI/TMM’’) 1
                                                  [FR Doc. 2017–01961 Filed 1–27–17; 8:45 am]               Mississippi .............................         2,267,438   did not have reviewable entries during
                                                  BILLING CODE P                                            Missouri .................................        4,706,137   the period of review (‘‘POR’’). We invite
                                                                                                            Montana ................................            814,909
                                                                                                                                                                          interested parties to comment on these
                                                                                                            Nebraska ...............................          1,433,791
                                                                                                            Nevada ..................................         2,262,631   preliminary results.
                                                  DEPARTMENT OF COMMERCE                                                                                                  DATES: Effective January 30, 2017.
                                                                                                            New Hampshire ....................                1,074,207
                                                  Office of the Secretary                                   New Jersey ...........................            6,959,717   FOR FURTHER INFORMATION CONTACT:
                                                                                                            New Mexico ..........................             1,590,352   James Terpstra or Brendan Quinn, AD/
                                                  Estimates of the Voting Age                               New York ..............................          15,564,730
                                                                                                            North Carolina .......................            7,848,068
                                                  Population for 2016                                                                                                        1 In the 2011–2012 administrative review of the
                                                                                                            North Dakota .........................              581,641   order, the Department determined TMM and TMI
                                                  AGENCY: Office of the Secretary,                          Ohio .......................................      9,002,201   to be collapsed and treated as a single company for
                                                                                                            Oklahoma ..............................           2,961,933   purposes of the proceeding and, because there were
mstockstill on DSK3G9T082PROD with NOTICES




                                                  Commerce.
                                                                                                            Oregon ..................................         3,224,738   no changes to the facts which supported that
                                                  ACTION: General notice announcing                         Pennsylvania .........................           10,109,422   decision since that determination was made, we
                                                  population estimates.                                     Rhode Island .........................              848,045   continue to find that these companies are part of a
                                                                                                                                                                          single entity for this administrative review. See
                                                                                                            South Carolina ......................             3,863,498
                                                  SUMMARY:    This notice announces the                                                                                   Pure Magnesium From the People’s Republic of
                                                                                                            South Dakota ........................               652,167   China: Final Results of Antidumping Duty
                                                  voting age population estimates as of                     Tennessee ............................            5,149,399   Administrative Review; 2011–2012, 79 FR 94
                                                  July 1, 2016, for each state and the                      Texas ....................................       20,568,009   (January 2, 2014) and accompanying Issues and
                                                  District of Columbia. We are providing                    Utah .......................................      2,129,444   Decision Memorandum at Comment 5.



                                             VerDate Sep<11>2014   16:27 Jan 27, 2017   Jkt 241001   PO 00000   Frm 00002       Fmt 4703      Sfmt 4703     E:\FR\FM\30JAN1.SGM   30JAN1


                                                                                Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices                                                         8721

                                                  CVD Operations, Office III, Enforcement                    ‘‘Off-specification pure’’ magnesium                       Because we have not received
                                                  and Compliance, International Trade                     is pure primary magnesium containing                       information to the contrary from CBP,
                                                  Administration, U.S. Department of                      magnesium scrap, secondary                                 consistent with our practice, we
                                                  Commerce, 1401 Constitution Avenue                      magnesium, oxidized magnesium or                           preliminarily determine that TMI/TMM
                                                  NW., Washington DC 20230; telephone:                    impurities (whether or not intentionally                   had no shipments and, therefore, no
                                                  (202) 482–3965 or (202) 482–5848,                       added) that cause the primary                              reviewable entries during the POR.
                                                  respectively.                                           magnesium content to fall below 99.8%                      Further, consistent with our practice in
                                                                                                          by weight. It generally does not contain,                  non-market economy (‘‘NME’’) cases,
                                                  Background                                                                                                         the Department is not rescinding this
                                                                                                          individually or in combination, 1.5% or
                                                     On May 2, 2016, the Department                       more, by weight, of the following                          review, but intends to complete the
                                                  published a notice of opportunity to                    alloying elements: Aluminum,                               review with respect to TMI/TMM and
                                                  request an administrative review of the                 manganese, zinc, silicon, thorium,                         issue appropriate instructions to CBP
                                                  antidumping duty order on pure                          zirconium and rare earths.                                 based on the final results of the review.8
                                                  magnesium from the PRC for the POR.2                       Excluded from the scope of the order                    Public Comment
                                                  On May 31, 2016, in response to a                       are alloy primary magnesium (that
                                                  timely request from Petitioner,3 and in                 meets specifications for alloy                                Interested parties may submit case
                                                  accordance with section 751(a) of the                   magnesium), primary magnesium                              briefs no later than 30 days after the
                                                  Tariff Act of 1930, as amended (the                     anodes, granular primary magnesium                         date of publication of this notice in the
                                                  ‘‘Act’’), and 19 CFR 351.221(c)(1)(i), we               (including turnings, chips and powder)                     Federal Register.9 Rebuttals to case
                                                  initiated an administrative review of the               having a maximum physical dimension                        briefs, which must be limited to issues
                                                  antidumping duty order on pure                          (i.e., length or diameter) of one inch or                  raised in the case briefs, must be filed
                                                  magnesium from the PRC with respect                     less, secondary magnesium (which has                       within five days after the date for filing
                                                  to TMI and TMM.4                                        pure primary magnesium content of less                     case briefs.10 Parties who submit
                                                                                                          than 50% by weight), and remelted                          arguments in this proceeding are
                                                  Scope of the Order                                                                                                 requested to submit with each
                                                                                                          magnesium whose pure primary
                                                     Merchandise covered by the order is                  magnesium content is less than 50% by                      argument: (a) A statement of the issue,
                                                  pure magnesium regardless of                            weight.                                                    (b) a brief summary of the argument,
                                                  chemistry, form or size, unless expressly                  Pure magnesium products covered by                      and (c) a table of authorities.11 Parties
                                                  excluded from the scope of the order.                   the order are currently classifiable                       submitting briefs should do so pursuant
                                                  Pure magnesium is a metal or alloy                                                                                 to the Department’s electronic filing
                                                                                                          under Harmonized Tariff Schedule of
                                                  containing by weight primarily the                                                                                 system: Enforcement and Compliance’s
                                                                                                          the United States (‘‘HTSUS’’)
                                                  element magnesium and produced by                                                                                  Antidumping and Countervailing Duty
                                                                                                          subheadings 8104.11.00, 8104.19.00,
                                                  decomposing raw materials into                                                                                     Centralized Electronic Service System
                                                                                                          8104.20.00, 8104.30.00, 8104.90.00,
                                                  magnesium metal. Pure primary                                                                                      (‘‘ACCESS’’).12 ACCESS is available to
                                                                                                          3824.90.11, 3824.90.19 and 9817.00.90.
                                                  magnesium is used primarily as a                                                                                   registered users at https://
                                                                                                          Although the HTSUS subheadings are
                                                  chemical in the aluminum alloying,                                                                                 access.trade.gov, and is available to all
                                                                                                          provided for convenience and customs
                                                  desulfurization, and chemical reduction                                                                            parties in the Central Records Unit,
                                                                                                          purposes, the written description of the
                                                  industries. In addition, pure magnesium                                                                            Room B8024 of the main Department of
                                                                                                          scope is dispositive.
                                                  is used as an input in producing                                                                                   Commerce building.
                                                                                                          Preliminary Determination of No                               Pursuant to 19 CFR 351.310(c),
                                                  magnesium alloy. Pure magnesium
                                                                                                          Shipments                                                  interested parties who wish to request a
                                                  encompasses products (including, but
                                                                                                                                                                     hearing must submit a written request to
                                                  not limited to, butt ends, stubs, crowns                   We received timely submissions from
                                                                                                                                                                     the Assistant Secretary for Enforcement
                                                  and crystals) with the following primary                TMM and TMI certifying that they did
                                                                                                                                                                     and Compliance, U.S. Department of
                                                  magnesium contents:                                     not have sales, shipments, or exports of
                                                                                                                                                                     Commerce within 30 days of the date of
                                                     (1) Products that contain at least                   subject merchandise to the United
                                                                                                                                                                     publication of this notice. Hearing
                                                  99.95% primary magnesium, by weight                     States during the POR.5 In order to
                                                                                                                                                                     requests should contain the following
                                                  (generally referred to as ‘‘ultra pure’’                examine TMM’s and TMI’s claim, we                          information: (1) The party’s name,
                                                  magnesium);                                             sent an inquiry to CBP requesting that                     address and telephone number; (2) the
                                                     (2) Products that contain less than                  it provide any information contrary to                     number of participants; and (3) a list of
                                                  99.95% but not less than 99.8% primary                  these no-shipments claims.6 We                             issues to be discussed. Issues raised in
                                                  magnesium, by weight (generally                         received none. On August 15, 2016,                         the hearing will be limited to those
                                                  referred to as ‘‘pure’’ magnesium); and                 Petitioner submitted public information
                                                     (3) Products that contain 50% or                     it alleged contradicts TMM’s and TMI’s                     provided the information submitted by Petitioner to
                                                  greater, but less than 99.8% primary                    certifications of no shipments of subject                  CBP on November 4, 2016. See the Department’s
                                                  magnesium, by weight, and that do not                   merchandise during the POR.7                               letter to Alexander Amdur, Director, AD/CVD
                                                  conform to ASTM specifications for                                                                                 Policy & Programs Division, Office of International
                                                                                                                                                                     Trade U.S. Customs & Border Protection, from
                                                  alloy magnesium (generally referred to                     5 See Letter from TMM, ‘‘Pure Magnesium from
                                                                                                                                                                     Wendy J. Frankel Director, Customs Liaison Unit,
                                                  as ‘‘off-specification pure’’ magnesium).               the People’s Republic of China; A–570–832;
                                                                                                          Certification of No Sales by Tianjin Magnesium             ‘‘Pure Magnesium from the People’s Republic of
                                                                                                          Metal Co., Ltd.,’’ dated July 25, 2016, at 1. See letter   China and Magnesium Metal from the People’s
                                                    2 See Antidumping or Countervailing Duty Order,       from TMI, ‘‘Pure Magnesium from the People’s               Republic of China,’’ dated November 4, 2016, at
                                                  Finding, or Suspended Investigation; Opportunity        Republic of China; A–570–832; Certification of No          Attachment II.
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                                                                                                                                                                        8 See Non-Market Economy Antidumping
                                                  To Request Administrative Review, 81 FR 26206           Sales by Tianjin Magnesium International, Co.,
                                                  (May 2, 2016).                                          Ltd.,’’ dated August 1, 2016.                              Proceedings: Assessment of Antidumping Duties, 76
                                                    3 See letter from U.S. Magnesium, ‘‘Pure                 6 See No Shipments Memo at Attachment 2. See            FR 65694, 65694–95 (October 24, 2011) and the
                                                  Magnesium from the People’s Republic of China:          also CBP message 6273308, dated September 29,              ‘‘Assessment Rates’’ section, below.
                                                                                                                                                                        9 See 19 CFR 351.309(c)(1)(ii).
                                                  Request for Administrative Review,’’ dated May 31,      2016.
                                                                                                                                                                        10 See 19 CFR 351.309(d)(1)(2).
                                                  2016.                                                      7 See letter from Petitioner, ‘‘Pure Magnesium
                                                    4 See Initiation of Antidumping and                                                                                 11 See 19 CFR 351.309(c)(2), (d)(2).
                                                                                                          from the People’s Republic of China: Response to
                                                  Countervailing Duty Administrative Reviews, 81 FR       TMM/TMI’s No Shipment Certifications,’’ dated                 12 See 19 CFR 351.303 (for general filing

                                                  44260 (July 7, 2016) (‘‘Initiation Notice’’).           August 15, 2016, at Exhibits 1, 2, and 3. We               requirements).



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                                                  8722                          Federal Register / Vol. 82, No. 18 / Monday, January 30, 2017 / Notices

                                                  raised in the respective case briefs. If a              requirements, when imposed, shall                      Scope of the Order
                                                  request for a hearing is made, parties                  remain in effect until further notice.                   The merchandise covered by the
                                                  will be notified of the time and date of                                                                       Order 1 is citric acid and certain citrate
                                                                                                          Notification to Importers
                                                  the hearing which will be held at the                                                                          salts from Canada. The product is
                                                  U.S. Department of Commerce, 1401                         This notice also serves as a
                                                                                                                                                                 currently classified under subheadings
                                                  Constitution Avenue NW., Washington,                    preliminary reminder to importers of
                                                                                                                                                                 2918.14.0000, 2918.15.1000,
                                                  DC 20230.                                               their responsibility under 19 CFR
                                                                                                                                                                 2918.15.5000, and 3824.90.9290 of the
                                                     Unless extended, we intend to issue                  351.402(f)(2) to file a certificate                    Harmonized Tariff System of the United
                                                  the final results of this administrative                regarding the reimbursement off                        States (HTSUS). Although the HTSUS
                                                  review, including our analysis of all                   antidumping duties prior to liquidation                subheadings are provided for
                                                  issues raised in any written brief, not                 of the relevant entries during this                    convenience and customs purposes, the
                                                  later than 120 days of publication of this              period. Failure to comply with this                    written description of merchandise
                                                  notice in the Federal Register, pursuant                requirement may result in the                          subject to the scope is dispositive.2
                                                  to section 751(a)(3)(A) of the Act.                     Secretary’s presumption that
                                                                                                          reimbursement of antidumping duties                    Methodology
                                                  Assessment Rates
                                                                                                          occurred and the subsequent assessment                    The Department is conducting this
                                                     Upon issuance of the final results, the              of double antidumping duties.                          review in accordance with section
                                                  Department will determine, and CBP                        This notice is issued in accordance                  751(a)(1)(B) and (2) of the Tariff Act of
                                                  shall assess, antidumping duties on all                 with sections 751(a)(1) and 777(i)(1) of               1930, as amended (the Act). Constructed
                                                  appropriate entries covered by this                     the Act and 19 CFR 351.221(b)(4).                      export price is calculated in accordance
                                                  review.13 We intend to issue assessment                                                                        with section 772 of the Act. NV is
                                                                                                            Dated: January 24, 2017.
                                                  instructions to CBP 15 days after the                                                                          calculated in accordance with section
                                                                                                          Ronald K. Lorentzen,
                                                  publication date of the final results of                                                                       773 of the Act.
                                                  this review. Pursuant to the                            Acting Assistant Secretary for Enforcement
                                                                                                          and Compliance.                                           For a full description of the
                                                  Department’s practice in NME cases, if                                                                         methodology underlying our
                                                  the Department continues to determine                   [FR Doc. 2017–01955 Filed 1–27–17; 8:45 am]
                                                                                                                                                                 conclusions, see the Preliminary
                                                  in the final results that that TMI/TMM                  BILLING CODE 3510–DS–P
                                                                                                                                                                 Decision Memorandum, dated
                                                  had no shipments of subject                                                                                    concurrently with these results and
                                                  merchandise, any suspended entries                                                                             hereby adopted by this notice. The
                                                  during the POR from TMI/TMM will be                     DEPARTMENT OF COMMERCE
                                                                                                                                                                 Preliminary Decision Memorandum is a
                                                  liquidated at the PRC-wide rate.14                                                                             public document and is on file
                                                                                                          International Trade Administration
                                                  Cash Deposit Requirements                                                                                      electronically via Enforcement and
                                                                                                          [A–122–853]                                            Compliance’s Antidumping and
                                                     The following cash deposit
                                                                                                          Citric Acid and Certain Citrate Salts                  Countervailing Duty Centralized
                                                  requirements will be effective upon
                                                                                                                                                                 Electronic Service System (ACCESS).
                                                  publication of the final results of this                From Canada: Preliminary Results of
                                                                                                                                                                 ACCESS is available to registered users
                                                  administrative review for all shipments                 Antidumping Duty Administrative
                                                                                                                                                                 at http://access.trade.gov, and to all
                                                  of the subject merchandise entered, or                  Review; 2015–2016
                                                                                                                                                                 parties in the Central Records Unit,
                                                  withdrawn from warehouse, for
                                                                                                          AGENCY:  Enforcement and Compliance,                   room B8024 of the main Department of
                                                  consumption on or after the publication
                                                                                                          International Trade Administration,                    Commerce building. In addition, a
                                                  date, as provided for by section
                                                                                                          Department of Commerce.                                complete version of the Preliminary
                                                  751(a)(2)(C) of the Act: (1) For TMI/
                                                                                                          SUMMARY: The Department of Commerce                    Decision Memorandum can be accessed
                                                  TMM, which claimed no shipments, the
                                                                                                          (the Department) is conducting an                      at http://enforcement.trade.gov/frn/
                                                  cash deposit rate will remain unchanged
                                                                                                          administrative review of the                           index.html. The signed Preliminary
                                                  from the rate assigned to TMI/TMM in
                                                                                                          antidumping duty order on citric acid                  Decision Memorandum and the
                                                  the most recently completed review of
                                                                                                          and certain citrate salts (citric acid) from           electronic version of the Preliminary
                                                  the company; (2) for previously
                                                                                                          Canada. The period of review (POR) is                  Decision Memorandum are identical in
                                                  investigated or reviewed PRC and non-
                                                                                                          May 1, 2015, through April 30, 2016.                   content. A list of the topics discussed in
                                                  PRC exporters who are not under review
                                                                                                          The review covers one producer/                        the Preliminary Decision Memorandum
                                                  in this segment of the proceeding but
                                                                                                          exporter of the subject merchandise,                   is attached as an Appendix to this
                                                  who have separate rates, the cash
                                                                                                          Jungbunzlauer Canada Inc. (JBL                         notice.
                                                  deposit rate will continue to be the
                                                  exporter-specific rate published for the                Canada). We preliminarily determine                    Preliminary Results of the Review
                                                  most recent period; (3) for all PRC                     that sales of subject merchandise by JBL
                                                                                                          Canada were not made at prices below                     As a result of this review, the
                                                  exporters of subject merchandise that                                                                          Department preliminarily determines
                                                  have not been found to be entitled to a                 normal value (NV). Interested parties are
                                                  separate rate, the cash deposit rate will               invited to comment on these                              1 See Citric Acid and Certain Citrate Salts from
                                                  be the PRC-wide rate of 111.73 percent;                 preliminary results.                                   Canada and the People’s Republic of China:
                                                  and (4) for all non-PRC exporters of                    DATES: Effective January 30, 2017.                     Antidumping Duty Orders, 74 FR 25703 (May 29,
                                                  subject merchandise which have not                                                                             2009) (the Order).
                                                                                                          FOR FURTHER INFORMATION CONTACT:                         2 A full description of the scope of the Order is
                                                  received their own rate, the cash deposit               Katherine Johnson or George Ayache,                    contained in the memorandum to Paul Piquado,
                                                  rate will be the rate applicable to the                 AD/CVD Operations, Office VIII,                        Assistant Secretary for Enforcement and
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                                                  PRC exporter(s) that supplied that non-                 Enforcement and Compliance,                            Compliance, from Gary Taverman, Associate
                                                  PRC exporter. These deposit                                                                                    Deputy Assistant Secretary for Antidumping and
                                                                                                          International Trade Administration,                    Countervailing Duty Operations, ‘‘Decision
                                                                                                          U.S. Department of Commerce, 1401                      Memorandum for Preliminary Results of
                                                    13 See19 CFR 351.212(b)(1).                           Constitution Avenue NW., Washington,                   Antidumping Duty Administrative Review: Citric
                                                    14 Fora full discussion of this practice, see Non-                                                           Acid and Certain Citrate Salts from Canada; 2015–
                                                                                                          DC 20230; telephone (202) 482–4929 or
                                                  Market Economy Antidumping Proceedings:                                                                        2016’’ (Preliminary Decision Memorandum), dated
                                                  Assessment of Antidumping Duties, 76 FR 65694           (202) 482–2623, respectively.                          concurrently with these results and hereby adopted
                                                  (October 24, 2011).                                     SUPPLEMENTARY INFORMATION:                             by this notice.



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Document Created: 2017-01-28 01:25:46
Document Modified: 2017-01-28 01:25:46
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 30, 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 8720 

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