[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Notices]
[Pages 38119-38120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13707]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review; 2018-2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal,
Co., Ltd. (collectively TMI/TMM) had no shipments of subject
merchandise covered by the antidumping duty order on pure magnesium
from the People's Republic of China (China) for the period of review
(POR) May 1, 2018 through April 30, 2019.
DATES: Applicable June 25, 2020.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.
Background
On February 5, 2020, Commerce published the Preliminary Results of
the administrative review of the antidumping duty order on Pure
Magnesium from China for the POR.\1\ We invited parties to submit
comments on the Preliminary Results. No party submitted comments.
Accordingly, the final results remain unchanged from the Preliminary
Results.
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\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 6509 (February 5, 2020) (Preliminary Results).
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Commerce conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
On April 24, 2020, Commerce tolled all deadlines in administrative
reviews by 50 days, thereby extending the deadline for these results
until July 24, 2020.\2\
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\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Administrative Reviews in Response to
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order
The product covered by this antidumping duty order is pure
magnesium from China, 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) Magnesium
Alloy'' \3\ and are thus outside the scope of the existing antidumping
orders on magnesium from China (generally referred to as ``alloy''
magnesium).
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\3\ The meaning of this term is the same as that used by the
American Society for Testing and Materials (ATSM) in its Annual Book
for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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(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.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined that TMI/TMM \4\
had no
[[Page 38120]]
shipments of subject merchandise to the United States during the
POR.\5\ As we have not received any comments on our preliminary
finding, we continue to find that TMI/TMM did not have any shipments of
subject merchandise during the POR and intend to issue appropriate
instructions that are consistent with our ``automatic assessment''
clarification, for these final results.\6\
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\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 84 FR 33739 (July 15, 2019). In the 2011-
2012 administrative review of the order, Commerce collapsed TMM and
TMI, and treated the companies as a single entity for purposes of
the proceeding. 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.
\5\ See Preliminary Results, 85 FR at 6510.
\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment
Notice); see also ``Assessment Rates'' section infra.
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Assessment Rates
Commerce determined, and U.S. Customs and Border Protection (CBP)
shall assess, antidumping duties on all appropriate entries of subject
merchandise in accordance with section 751(a)(2)(C) of the Act and 19
CFR 351.212(b). Commerce intends to issue assessment instructions to
CBP 15 days after the date of publication of the final results of this
review.
Additionally, for TMI/TMM, the exporters under review, which we
determined had no shipments of the subject merchandise during the POR,
any suspended entries of subject merchandise from TMI/TMM will be
liquidated at the China-wide rate. This is consistent with Commerce's
refinement to its assessment practice in non-market economy cases.\7\
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\7\ For a full discussion of this practice, see Assessment
Notice.
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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for
shipments of subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided 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 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, the cash deposit rate
will be the China-wide rate of 111.73 percent; \8\ 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 the
Chinese exporter(s) that supplied that non-Chinese exporter. These
deposit requirements, when imposed, shall remain in effect until
further notice.
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\8\ See Pure Magnesium from the People's Republic of China:
Final Results of the 2008-2009 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 75 FR 80791 (December 23,
2010).
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Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in Commerce's presumption that reimbursement
of antidumping duties occurred and the subsequent assessment of double
antidumping duties.
Notification Regarding Administrative Protective Orders
This notice also serves as a reminder to all parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305. Timely written notification of
the return/destruction of APO materials or conversion to judicial
protective order is hereby requested. Failure to comply with the
regulations and terms of an APO is a violation which is subject to
sanction.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).
Dated: June 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-13707 Filed 6-24-20; 8:45 am]
BILLING CODE 3510-DS-P