83_FR_794 83 FR 789 - Magnesium Metal from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

83 FR 789 - Magnesium Metal from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 5 (January 8, 2018)

Page Range789-791
FR Document2018-00113

The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty order on magnesium metal from the People's Republic of China (China), covering the period April 1, 2016, through March 31, 2017. Commerce 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 83 Issue 5 (Monday, January 8, 2018)
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Notices]
[Pages 789-791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00113]


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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; 2016-2017

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty order on magnesium metal 
from the People's Republic of China (China), covering the period April 
1, 2016, through March 31, 2017. Commerce 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.

DATES: Applicable January 8, 2018.

FOR FURTHER INFORMATION CONTACT: James Terpstra, 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.

Background

    On April 3, 2017, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on 
magnesium metal from China for the POR.\1\ On June 7, 2017, in response 
to a timely request from the 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 China 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, 82 FR 16163 (April 3, 2017).
    \2\ See letter from US Magnesium LLC (the petitioner), 
``Magnesium Metal from the People's Republic of China: Request for 
Administrative Review,'' dated April 28, 2017.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 82 FR 26444 (June 7, 2017).
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Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from China, 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 China (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \4\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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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

[[Page 790]]

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.
---------------------------------------------------------------------------

    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 TMI and TMM certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\7\ On June 29, 2017, 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.\8\ This query returned no entries during 
the POR.\9\ Additionally, in order to examine TMM's and TMI's claim, we 
sent an inquiry to CBP requesting that any CBP officer alert Commerce 
if he/she had information contrary to these no-shipments claims.\10\ We 
received no notification from CBP of any entries of subject merchandise 
concerning these companies.
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    \7\ See letter from TMI, ``Magnesium Metal from the People's 
Republic of China; A-570-896; Certification of No Sales by Tianjin 
Magnesium International, Ltd.,'' dated July 3, 2017, at 1. 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 July 5, 2017, at 1.
    \8\ See memorandum to the File, ``U.S. Customs and Border 
Protection Data,'' dated October 12, 2017 (CBP Memo), at Attachment 
1.
    \9\ Id. at Attachment 2.
    \10\ See CBP message 7237305, dated 08/25/2017, provided at 
Attachment 3 to the CBP Memo.
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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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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 
Commerce'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, Commerce 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 Commerce'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 China-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 Chinese and non-Chinese 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 Chinese 
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

[[Page 791]]

separate from China-wide entity), the cash deposit rate will be China-
wide rate of 141.49 percent; and (4) for all non-Chinese exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to Chinese exporter(s) that 
supplied that non-Chinese 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 27, 2017.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-00113 Filed 1-5-18; 8:45 am]
 BILLING CODE 3510-DS-P



                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                       789

                                                Notification to Interested Parties                      VI. Scope of the Investigation                         from the petitioner,2 and in accordance
                                                                                                        VII. Discussion of the Methodology                     with section 751(a) of the Tariff Act of
                                                  This determination is issued and                        A. Determination of Comparison Method
                                                published in accordance with sections                                                                          1930, as amended (the Act), and 19 CFR
                                                                                                          B. Results of the Differential Pricing
                                                733(f) and 777(i)(1) of the Act and 19                                                                         351.221(c)(1)(i), we initiated an
                                                                                                             Analysis
                                                CFR 351.205(c).                                         VIII. Date of Sale                                     administrative review of the
                                                                                                        IX. Product Comparisons                                antidumping duty order on magnesium
                                                  Dated: December 29, 2017.                                                                                    metal from China with respect to TMI
                                                                                                        X. Export Price And Constructed Export Price
                                                Christian Marsh,                                          A. Export Price                                      and TMM.3
                                                Deputy Assistant Secretary for Enforcement              XI. Normal Value
                                                and Compliance.                                           A. Home Market Viability                             Scope of the Order
                                                                                                          B. Level of Trade                                       The product covered by this
                                                Appendix I                                                C. Cost of Production Analysis                       antidumping duty order is magnesium
                                                Scope of the Investigation                                D. Calculation of NV Based On                        metal from China, which includes
                                                                                                             Comparison-Market Prices
                                                   The merchandise covered by this                                                                             primary and secondary alloy
                                                                                                        XII. Currency Conversion
                                                investigation includes all grades and                                                                          magnesium metal, regardless of
                                                                                                        XIII. Verification
                                                granulation sizes of citric acid, sodium                                                                       chemistry, raw material source, form,
                                                                                                        XIV. Recommendation
                                                citrate, and potassium citrate in their                                                                        shape, or size. Magnesium is a metal or
                                                unblended forms, whether dry or in solution,            [FR Doc. 2018–00133 Filed 1–5–18; 8:45 am]
                                                and regardless of packaging type. The scope
                                                                                                                                                               alloy containing by weight primarily the
                                                                                                        BILLING CODE 3510–DS–P
                                                also includes blends of citric acid, sodium                                                                    element magnesium. Primary
                                                citrate, and potassium citrate; as well as                                                                     magnesium is produced by
                                                blends with other ingredients, such as sugar,           DEPARTMENT OF COMMERCE                                 decomposing raw materials into
                                                where the unblended form(s) of citric acid,                                                                    magnesium metal. Secondary
                                                sodium citrate, and potassium citrate                   International Trade Administration                     magnesium is produced by recycling
                                                constitute 40 percent or more, by weight, of                                                                   magnesium-based scrap into magnesium
                                                the blend.                                              [A–570–896]                                            metal. The magnesium covered by this
                                                   The scope also includes all forms of crude                                                                  order includes blends of primary and
                                                calcium citrate, including dicalcium citrate            Magnesium Metal from the People’s
                                                monohydrate, and tricalcium citrate                     Republic of China: Preliminary Results                 secondary magnesium.
                                                tetrahydrate, which are intermediate
                                                                                                                                                                  The subject merchandise includes the
                                                                                                        of Antidumping Duty Administrative
                                                products in the production of citric acid,                                                                     following alloy magnesium metal
                                                                                                        Review; 2016–2017
                                                sodium citrate, and potassium citrate.                                                                         products made from primary and/or
                                                   The scope includes the hydrous and                   AGENCY:   Enforcement and Compliance,                  secondary magnesium including,
                                                anhydrous forms of citric acid, the dihydrate           International Trade Administration,                    without limitation, magnesium cast into
                                                and anhydrous forms of sodium citrate,                  Department of Commerce.                                ingots, slabs, rounds, billets, and other
                                                otherwise known as citric acid sodium salt,             SUMMARY: The Department of Commerce                    shapes; magnesium ground, chipped,
                                                and the monohydrate and monopotassium                                                                          crushed, or machined into rasping,
                                                                                                        (Commerce) is conducting the
                                                forms of potassium citrate. Sodium citrate                                                                     granules, turnings, chips, powder,
                                                also includes both trisodium citrate and                administrative review of the
                                                monosodium citrate which are also known as              antidumping duty order on magnesium                    briquettes, and other shapes; and
                                                citric acid trisodium salt and citric acid              metal from the People’s Republic of                    products that contain 50 percent or
                                                monosodium salt, respectively.                          China (China), covering the period April               greater, but less than 99.8 percent,
                                                   The scope does not include calcium citrate           1, 2016, through March 31, 2017.                       magnesium, by weight, and that have
                                                that satisfies the standards set forth in the           Commerce preliminarily determines                      been entered into the United States as
                                                United States Pharmacopeia and has been                 that Tianjin Magnesium International,                  conforming to an ‘‘ASTM Specification
                                                mixed with a functional excipient, such as              Co., Ltd. (TMI) and Tianjin Magnesium                  for Magnesium Alloy’’ 4 and are thus
                                                dextrose or starch, where the excipient                                                                        outside the scope of the existing
                                                                                                        Metal, Co., Ltd. (TMM) did not have
                                                constitutes at least 2 percent, by weight, of                                                                  antidumping orders on magnesium from
                                                the product.                                            reviewable entries during the period of
                                                   Citric acid and sodium citrate are                   review (POR). We invite interested                     China (generally referred to as ‘‘alloy’’
                                                classifiable under 2918.14.0000 and                     parties to comment on these preliminary                magnesium).
                                                2918.15.1000 of the Harmonized Tariff                   results.                                                  The scope of this order excludes: (1)
                                                Schedule of the United States (HTSUS),                  DATES: Applicable January 8, 2018.                     All forms of pure magnesium, including
                                                respectively. Potassium citrate and crude               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                               chemical combinations of magnesium
                                                calcium citrate are classifiable under
                                                                                                        James Terpstra, AD/CVD Operations,                     and other material(s) in which the pure
                                                2918.15.5000 and, if included in a mixture or                                                                  magnesium content is 50 percent or
                                                blend, 3824.99.9295 of the HTSUS. Blends                Office III, Enforcement and Compliance,
                                                                                                        International Trade Administration,                    greater, but less than 99.8 percent, by
                                                that include citric acid, sodium citrate, and                                                                  weight, that do not conform to an
                                                potassium citrate are classifiable under                U.S. Department of Commerce, 1401
                                                                                                        Constitution Avenue NW, Washington                     ‘‘ASTM Specification for Magnesium
                                                3824.99.9295 of the HTSUS. Although the
                                                HTSUS subheadings are provided for                      DC 20230; telephone: (202) 482–3965.                   Alloy’’ 5; (2) magnesium that is in liquid
                                                convenience and customs purposes, the
                                                written description of the merchandise is               Background                                               2 See letter from US Magnesium LLC (the

                                                                                                                                                               petitioner), ‘‘Magnesium Metal from the People’s
                                                dispositive.                                               On April 3, 2017, Commerce                          Republic of China: Request for Administrative
                                                Appendix II                                             published a notice of opportunity to                   Review,’’ dated April 28, 2017.
                                                                                                        request an administrative review of the                  3 See Initiation of Antidumping and
sradovich on DSK3GMQ082PROD with NOTICES




                                                List of Topics Discussed in the Preliminary             antidumping duty order on magnesium                    Countervailing Duty Administrative Reviews, 82 FR
                                                Decision Memorandum                                                                                            26444 (June 7, 2017).
                                                                                                        metal from China for the POR.1 On June                   4 The meaning of this term is the same as that
                                                I. Summary                                              7, 2017, in response to a timely request               used by the American Society for Testing and
                                                II. Background                                                                                                 Materials in its Annual Book for ASTM Standards:
                                                III. Period of Investigation                              1 See Antidumping or Countervailing Duty Order,      Volume 01.02 Aluminum and Magnesium Alloys.
                                                IV. Postponement of Final Determination and             Finding, or Suspended Investigation; Opportunity         5 The material is already covered by existing
                                                      Extension of Provisional Measures                 To Request Administrative Review, 82 FR 16163          antidumping orders. See Notice of Antidumping
                                                V. Scope Comments                                       (April 3, 2017).                                                                                Continued




                                           VerDate Sep<11>2014   16:29 Jan 05, 2018   Jkt 244001   PO 00000   Frm 00007   Fmt 4703   Sfmt 4703   E:\FR\FM\08JAN1.SGM   08JAN1


                                                790                            Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices

                                                or molten form; and (3) mixtures                        the POR.9 Additionally, in order to                    address, and telephone number; (2) the
                                                containing 90 percent or less                           examine TMM’s and TMI’s claim, we                      number of participants; and (3) a list of
                                                magnesium in granular or powder form                    sent an inquiry to CBP requesting that                 the issues parties intend to discuss.
                                                by weight and one or more of certain                    any CBP officer alert Commerce if he/                  Issues raised in the hearing will be
                                                non-magnesium granular materials to                     she had information contrary to these                  limited to those raised in the respective
                                                make magnesium-based reagent                            no-shipments claims.10 We received no                  case and rebuttal briefs. If a request for
                                                mixtures, including lime, calcium                       notification from CBP of any entries of                a hearing is made, parties will be
                                                metal, calcium silicon, calcium carbide,                subject merchandise concerning these                   notified of the time and date of the
                                                calcium carbonate, carbon, slag                         companies.                                             hearing which will be held at the U.S.
                                                coagulants, fluorspar, nephaline syenite,                 Because we have not received                         Department of Commerce, 1401
                                                feldspar, alumina (Al203), calcium                      information to the contrary from CBP,                  Constitution Avenue NW, Washington,
                                                aluminate, soda ash, hydrocarbons,                      consistent with our practice, we                       DC 20230.
                                                graphite, coke, silicon, rare earth                     preliminarily determine that TMI and                      Unless extended, we intend to issue
                                                metals/mischmetal, cryolite, silica/fly                 TMM had no shipments and, therefore,                   the final results of this administrative
                                                ash, magnesium oxide, periclase,                        no reviewable entries during the POR.                  review, including our analysis of all
                                                ferroalloys, dolomite lime, and                         In addition, we find it is not appropriate             issues raised in any written brief, within
                                                colemanite.6                                            to rescind the review with respect to                  120 days of publication of this notice in
                                                   The merchandise subject to this order                these companies but, rather, to complete               the Federal Register, pursuant to
                                                is classifiable under items 8104.19.00,                 the review with respect to TMI and                     section 751(a)(3)(A) of the Act.
                                                and 8104.30.00 of the Harmonized Tariff                 TMM and issue appropriate instructions
                                                                                                                                                               Assessment Rates
                                                Schedule of the United States (HTSUS).                  to CBP based on the final results of the
                                                Although the HTSUS items are provided                   review, consistent with our practice in                   Upon issuance of the final results,
                                                for convenience and customs purposes,                   non-market economy (NME) cases.11                      Commerce will determine, and CBP
                                                the written description of the                                                                                 shall assess, antidumping duties on all
                                                                                                        Public Comment                                         appropriate entries covered by this
                                                merchandise is dispositive.
                                                                                                           Interested parties may submit case                  review.16 We intend to issue assessment
                                                Preliminary Determination of No                         briefs no later than 30 days after the                 instructions to CBP 15 days after the
                                                Shipments                                               date of publication of this notice in the              publication date of the final results of
                                                  We received timely submissions from                   Federal Register.12 Rebuttals to case                  this review. Pursuant to Commerce’s
                                                TMI and TMM certifying that they did                    briefs, which must be limited to issues                practice in NME cases, if we continue to
                                                not have sales, shipments, or exports of                raised in the case briefs, must be filed               determine in the final results that TMI
                                                subject merchandise to the United                       within five days after the date for filing             and TMM had no shipments of subject
                                                States during the POR.7 On June 29,                     case briefs.13 Parties who submit                      merchandise, any suspended entries of
                                                2017, we requested the U.S. Customs                     arguments are requested to submit with                 subject merchandise during the POR
                                                and Border Protection (CBP) data file of                each argument (a) a statement of the                   from these companies will be liquidated
                                                entries of subject merchandise imported                 issue, (b) a brief summary of the                      at China-wide rate.17
                                                into the United States during the POR,                  argument, and (c) a table of
                                                                                                                                                               Cash Deposit Requirements
                                                and exported by TMM and/or TMI.8                        authorities.14 Parties submitting briefs
                                                This query returned no entries during                   should do so pursuant to Commerce’s                       The following cash deposit
                                                                                                        electronic filing system: Enforcement                  requirements will be effective upon
                                                Duty Orders: Pure Magnesium from the People’s           and Compliance’s Antidumping and                       publication of the final results of this
                                                Republic of China, the Russian Federation and           Countervailing Duty Centralized                        administrative review for all shipments
                                                Ukraine; Notice of Amended Final Determination of                                                              of the subject merchandise entered, or
                                                Sales at Less Than Fair Value: Antidumping Duty         Electronic Service System (ACCESS).15
                                                Investigation of Pure Magnesium from the Russian        ACCESS is available to registered users                withdrawn from warehouse, for
                                                Federation, 60 FR 25691 (May 12, 1995); and             at https://access.trade.gov, and is                    consumption on or after the publication
                                                Antidumping Duty Order: Pure Magnesium in               available to all parties in the Central                date of the final results of review, as
                                                Granular Form from the People’s Republic of China,
                                                66 FR 57936 (November 19, 2001).                        Records Unit, room B8024 of the main                   provided for by section 751(a)(2)(C) of
                                                   6 This third exclusion for magnesium-based           Department of Commerce building.                       the Act: (1) For TMI, which claimed no
                                                reagent mixtures is based on the exclusion for             Pursuant to 19 CFR 351.310(c),                      shipments, the cash deposit rate will
                                                reagent mixtures in the 2000–2001 investigations of     interested parties who wish to request a               remain unchanged from the rate
                                                magnesium from China, Israel, and Russia. See                                                                  assigned to TMI in the most recently
                                                Final Determination of Sales at Less Than Fair
                                                                                                        hearing must submit a written request to
                                                Value: Pure Magnesium in Granular Form from the         the Assistant Secretary for Enforcement                completed review of the company; (2)
                                                People’s Republic of China, 66 FR 49345                 and Compliance, U.S. Department of                     for previously investigated or reviewed
                                                (September 27, 2001); Final Determination of Sales      Commerce within 30 days of the date of                 Chinese and non-Chinese exporters who
                                                at Less Than Fair Value: Pure Magnesium from                                                                   are not under review in this segment of
                                                Israel, 66 FR 49349 (September 27, 2001); Final
                                                                                                        publication of this notice. Hearing
                                                Determination of Sales at Not Less Than Fair Value:     requests should contain the following                  the proceeding but who have separate
                                                Pure Magnesium From the Russian Federation, 66          information: (1) The party’s name,                     rates, the cash deposit rate will continue
                                                FR 49347 (September 27, 2001). These mixtures are                                                              to be the exporter-specific rate
                                                not magnesium alloys, because they are not                9 Id.at Attachment 2.                                published for the most recent period; (3)
                                                combined in liquid form and cast into the same
                                                ingot.
                                                                                                          10 See CBP message 7237305, dated 08/25/2017,        for all Chinese exporters of subject
                                                   7 See letter from TMI, ‘‘Magnesium Metal from
                                                                                                        provided at Attachment 3 to the CBP Memo.              merchandise that have not been found
                                                                                                          11 See Glycine from the People’s Republic of
                                                the People’s Republic of China; A–570–896;                                                                     to be entitled to a separate rate
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                                                Certification of No Sales by Tianjin Magnesium          China: Final Results of Antidumping Duty
                                                                                                        Administrative Review 2014–2015, 81 FR 72567           (including TMM, which claimed no
                                                International, Ltd.,’’ dated July 3, 2017, at 1. See
                                                letter from TMM, ‘‘Magnesium Metal from the             (October 20, 2016) and the ‘‘Assessment Rates’’        shipments, but has not been found to be
                                                People’s Republic of China; A–570–896;                  section, below.
                                                                                                          12 See 19 CFR 351.309(c)(1)(ii).                       16 See
                                                Certification of No Sales by Tianjin Magnesium                                                                         19 CFR 351.212(b)(1).
                                                                                                          13 See 19 CFR 351.309(d)(1)(2).
                                                Metal, Co., Ltd.,’’ dated July 5, 2017, at 1.                                                                    17 Fora full discussion of this practice, see Non-
                                                                                                          14 See 19 CFR 351.309(c)(2), (d)(2).
                                                   8 See memorandum to the File, ‘‘U.S. Customs                                                                Market Economy Antidumping Proceedings:
                                                and Border Protection Data,’’ dated October 12,           15 See 19 CFR 351.303 (for general filing            Assessment of Antidumping Duties, 76 FR 65694
                                                2017 (CBP Memo), at Attachment 1.                       requirements).                                         (October 24, 2011).



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                                                                               Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Notices                                                       791

                                                separate from China-wide entity), the                   Office III, Enforcement and Compliance,                Scope Comments
                                                cash deposit rate will be China-wide                    International Trade Administration,                       In accordance with the preamble to
                                                rate of 141.49 percent; and (4) for all                 U.S. Department of Commerce, 1401                      Commerce’s regulations,4 the Initiation
                                                non-Chinese exporters of subject                        Constitution Avenue NW, Washington,                    Notice set aside a period for parties to
                                                merchandise which have not received                     DC 20230; telephone: (202) 482–3692.                   raise issues regarding product coverage
                                                their own rate, the cash deposit rate will                                                                     (i.e., scope).5 Certain interested parties
                                                be the rate applicable to Chinese                       SUPPLEMENTARY INFORMATION:
                                                                                                                                                               commented on the scope of the
                                                exporter(s) that supplied that non-                     Background                                             investigation as it appeared in the
                                                Chinese exporter. These deposit                                                                                Initiation Notice. For a summary of the
                                                requirements, when imposed, shall                          This preliminary determination is                   product coverage comments and
                                                remain in effect until further notice.                  made in accordance with section 733(b)                 rebuttal responses submitted to the
                                                Notification to Importers                               of the Tariff Act of 1930, as amended                  record for this preliminary
                                                                                                        (the Act). Commerce published the                      determination, and accompanying
                                                  This notice also serves as a                          notice of initiation of this investigation             discussion and analysis of all comments
                                                preliminary reminder to importers of                    on June 30, 2017.1 On November 1,                      timely received, see the Preliminary
                                                their responsibility under 19 CFR                       2017, Commerce postponed the                           Scope Decision Memorandum.6
                                                351.402(f)(2) to file a certificate                     preliminary determination of this                      Commerce did not preliminarily modify
                                                regarding the reimbursement of                          investigation until December 29, 2017.2                the scope language as it appeared in the
                                                antidumping duties prior to liquidation                 For a complete description of the events               Initiation Notice.
                                                of the relevant entries during this
                                                                                                        that followed the initiation of this                   Methodology
                                                period. Failure to comply with this
                                                                                                        investigation, see the Preliminary
                                                requirement may result in the                                                                                    Commerce is conducting this
                                                Secretary’s presumption that                            Decision Memorandum.3 A list of topics
                                                                                                                                                               investigation in accordance with section
                                                reimbursement of antidumping duties                     included in the Preliminary Decision                   731 of the Act. Export prices are
                                                occurred and the subsequent assessment                  Memorandum is included as Appendix                     calculated in accordance with section
                                                of double antidumping duties.                           II to this notice. The Preliminary                     772(a) of the Act. Normal value (NV) is
                                                  This notice is issued in accordance                   Decision Memorandum is a public                        calculated in accordance with section
                                                with sections 751(a)(1) and 777(i)(1) of                document and is on file electronically                 773 of the Act. For a full description of
                                                the Act, and 19 CFR 351.221(b)(4).                      via Enforcement and Compliance’s                       the methodology underlying the
                                                                                                        Antidumping and Countervailing Duty                    preliminary determination, see the
                                                  Dated: December 27, 2017.
                                                                                                        Centralized Electronic Service System                  Preliminary Decision Memorandum.
                                                Gary Taverman,
                                                                                                        (ACCESS). ACCESS is available to
                                                Deputy Assistant Secretary for Antidumping                                                                     Preliminary Negative Determination of
                                                                                                        registered users at https://
                                                and Countervailing Duty Operations,                                                                            Critical Circumstances
                                                performing the non-exclusive functions and              access.trade.gov, and is available to all
                                                                                                        parties in the Central Records Unit,                     In accordance with section 733(e) of
                                                duties of the Assistant Secretary for
                                                Enforcement and Compliance.                             room B8024 of the main Department of                   the Act and 19 CFR 351.206, Commerce
                                                                                                        Commerce building. In addition, a                      preliminary determines that critical
                                                [FR Doc. 2018–00113 Filed 1–5–18; 8:45 am]
                                                                                                        complete version of the Preliminary                    circumstances do not exist for the
                                                BILLING CODE 3510–DS–P
                                                                                                                                                               mandatory respondent, Sucroal S.A.
                                                                                                        Decision Memorandum can be accessed
                                                                                                                                                               (Sucroal), or for exporters and producers
                                                                                                        directly at http://enforcement.trade.gov/
                                                DEPARTMENT OF COMMERCE                                                                                         not individually examined (i.e., ‘‘all-
                                                                                                        frn/. The signed and electronic versions
                                                                                                                                                               others’’). For a full description of the
                                                                                                        of the Preliminary Decision                            methodology and results of Commerce’s
                                                International Trade Administration                      Memorandum are identical in content.                   critical circumstances analysis, see the
                                                [A–301–803]                                                                                                    Preliminary Decision Memorandum.
                                                                                                        Scope of the Investigation
                                                Citric Acid and Certain Citrate Salts                      The products covered by this                        All-Others Rate
                                                From Colombia: Preliminary                              investigation are citric acid and certain                Sections 733(d)(1)(ii) and 735(c)(5)(A)
                                                Affirmative Determination of Sales at                   citrate salts (citric acid) from Colombia.             of the Act provide that in the
                                                Less Than Fair Value, Preliminary                                                                              preliminary determination Commerce
                                                                                                        For a complete description of the scope
                                                Negative Critical Circumstances                                                                                shall determine an estimated all-others
                                                                                                        of this investigation, see Appendix I.
                                                Determination Postponement of Final                                                                            rate for all exporters and producers not
                                                Determination, and Extension of                            1 See Citric Acid and Certain Citrate Salts from    individually examined. This rate shall
                                                Provisional Measures                                    Belgium, Colombia, and Thailand: Initiation of         be an amount equal to the weighted
                                                AGENCY:   Enforcement and Compliance,                   Less-Than-Fair-Value Investigations, 82 FR 29828       average of the estimated weighted-
                                                                                                        (June 30, 2017) (Initiation Notice) and                average dumping margins established
                                                International Trade Administration,                     accompanying Initiation Checklist.
                                                Department of Commerce.                                    2 See Citric Acid and Certain Citrate Salts from
                                                                                                                                                               for exporters and producers
                                                SUMMARY: The Department of Commerce                     Belgium, Colombia, and Thailand: Postponement of
                                                                                                                                                                 4 See Antidumping Duties; Countervailing Duties,
                                                (Commerce) preliminarily determines                     Preliminary Determinations of Less-Than-Fair-
                                                                                                        Value Investigations, 82 FR 50622 (November 1,         62 FR 27296, 27323 (May 19, 1997) (Preamble).
                                                that citric acid and certain citrate salts              2017) (Preliminary Postponement Notice).                 5 See Initiation Notice, 82 FR at 29836.
                                                (citric acid) from Colombia are being, or                  3 See Memorandum, ‘‘Decision Memorandum for           6 See Memorandum from Erin Begnal, Director,
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                                                are likely to be, sold in the United States             the Preliminary Affirmative Antidumping Duty           Office III, to Gary Taverman, Deputy Assistant
                                                at less than fair value (LTFV). The                     Determination, Preliminary Affirmative Critical        Secretary for Antidumping and Countervailing Duty
                                                                                                        Circumstances Determination, and Postponement of       Operations performing the non-exclusive functions
                                                period of investigation (POI) is April 1,               Final Determination and Extension of Provisional       and duties of the Assistant Secretary for
                                                2016, through March 31, 2017.                           Measures in the Less-Than-Fair-Value Investigation     Enforcement and Compliance, titled ‘‘Scope
                                                DATES: Applicable: January 8, 2018.                     of Citric Acid and Certain Citrate Salts from          Comments Decision Memorandum for the
                                                                                                        Colombia’’ dated concurrently with, and hereby         Preliminary Determinations,’’ dated December 1,
                                                FOR FURTHER INFORMATION CONTACT:                        adopted by, this notice (Preliminary Decision          2017 (Preliminary Scope Comments Decision
                                                Stephanie Moore, AD/CVD Operations,                     Memorandum).                                           Memorandum).



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Document Created: 2018-01-06 02:32:16
Document Modified: 2018-01-06 02:32:16
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
DatesApplicable January 8, 2018.
ContactJames Terpstra, 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.
FR Citation83 FR 789 

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