• Effective Date: May 08, 2015
  • Period Covered: 05/01/2013 to 04/30/2014
  • Period of Review: May 01, 2013 to Apr 30, 2014
  • Notice of Lifting of Suspension Date: May 08, 2015
  • Cite as: 80 FR 26541 • Cite date: May 08, 2015

1. Tianjin Magnesium International, Co., Ltd and Tianjin Magnesium Metal Co., Ltd. reported to Commerce that they had no shipments of pure magnesium from the People's Republic of China (“PRC”) during the period 05/01/2013 through 04/30/2014. Therefore, pursuant to the publication of the final results of review (80 FR 26541, 05/08/2015) and as a result of Commerce's clarification of its assessment regulation (10/24/2011, 76 FR 65694), for all shipments of pure magnesium from the PRC exported by Tianjin Magnesium International, Co., Ltd and Tianjin Magnesium Metal Co., Ltd., entered, or withdrawn from warehouse, for consumption during the period 05/01/2013 through 04/30/2014, entered under case number A-570-832-002 or A-570-832-000, assess antidumping duties at the PRC-wide rate. The PRC-wide rate is 111.73 percent.

2. Notice of the lifting of suspension of liquidation of entries of subject merchandise covered by paragraph 1 occurred with the publication of the final results of administrative review (80 FR 26541, 05/08/2015). Unless instructed otherwise, for all other shipments of pure magnesium from the PRC you shall continue to collect cash deposits of estimated antidumping duties for the merchandise at the current rates.

3. There are no injunctions applicable to the entries covered by this instruction.

4. The assessment of antidumping duties by CBP on shipments or entries of this merchandise is subject to the provisions of section 778 of the Tariff Act of 1930, as amended. Section 778 requires that CBP pay interest on overpayments or assess interest on underpayments of the required amounts deposited as estimated antidumping duties. The interest provisions are not applicable to cash or bonds posted as estimated antidumping duties before the date of publication of the antidumping duty order. Interest shall be calculated from the date payment of estimated antidumping duties is required through the date of liquidation. The rate at which such interest is payable is the rate in effect under section 6621 of the Internal Revenue Code of 1954 for such period.

5. Upon assessment of antidumping duties, CBP shall require that the importer provide a reimbursement statement, as described in section 351.402(f)(2) of Commerce's regulations. The importer should provide the reimbursement statement prior to liquidation of the entry. If the importer certifies that it has an agreement with the manufacturer, producer, seller, or exporter, to be reimbursed antidumping duties, CBP shall double the antidumping duties in accordance with the above-referenced regulation. Additionally, if the importer does not provide the reimbursement statement prior to liquidation, reimbursement shall be presumed and CBP shall double the antidumping duties due. If an importer timely files a protest challenging the presumption of reimbursement and doubling of duties, consistent with CBP's protest process, CBP may accept the reimbursement statement filed with the protest to rebut the presumption of reimbursement.

6. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OIII:BCQ.)

7. There are no restrictions on the release of this information.

Michael B. Walsh