[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65781-65783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25887]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-812]
Magnesium From Israel: Final Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
magnesium from Israel is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is October 1, 2017 through September 30, 2018. The final
estimated dumping margins of sales at LTFV are shown in the Final
Determination section of this notice.
DATES: Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce published the Preliminary Determination
of this LTFV investigation, in which Commerce found that magnesium from
Israel was sold at LTFV.\1\ A complete summary of the events that
occurred since Commerce published the Preliminary Determination, as
well as a full discussion of the issues raised by parties for this
final determination, may be found in the Issues and Decision
Memorandum.\2\ The Issues and Decision Memorandum is a public document
and is available electronically via Enforcement and Compliance's
Antidumping and Countervailing Duty Centralized Electronic Service
System (ACCESS). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, Room
B-8024 of Commerce's main building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Issues and Decision Memorandum are identical in content.
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\1\ See Magnesium from Israel: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
32712 (July 9, 2019) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Magnesium from Israel,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
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Scope of the Investigation
The product covered by this investigation is magnesium from Israel.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope of the
investigation).\4\ No interested party commented on the scope of the
investigation as it appeared in the Initiation Notice. Therefore,
Commerce is not modifying the scope language as it appeared in the
Initiation Notice. See the scope in Appendix I to this notice.
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\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Magnesium from Israel: Initiation of Less-Than-Fair-
Value Investigation, 83 FR 58533 (November 20, 2018) (Initiation
Notice).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost data reported by Dead
Sea Magnesium, Ltd. (DSM) for use in our final determination. We used
standard verification procedures, including an examination of relevant
accounting and production records, and original source documents
provided by the respondent.
[[Page 65782]]
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached at Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
DSM since the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. DSM is the sole mandatory respondent in
this investigation. Commerce calculated an estimated weighted-average
dumping margin for DSM that is not zero, de minimis, or based entirely
on facts otherwise available. Therefore, for purposes of determining
the all-others rate, and pursuant to section 735(c)(5)(A) of the Act,
we are using the estimated weighted-average dumping margin calculated
for DSM, as referenced in the ``Final Determination'' section below.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2017 through September
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
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Dead Sea Magnesium, Ltd................................. 218.98
All Others.............................................. 218.98
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Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of magnesium from
Israel, as described in Appendix I to this notice, which were entered,
or withdrawn from warehouse, for consumption on or after July 9, 2019,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(l) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require cash deposits equal to the
weighted-average dumping margins indicated in the table above as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be 218.98 percent, the all-others
estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. In the final determination of the concurrent
CVD investigation of magnesium from Israel, Commerce did not find any
export subsidies.\5\ Accordingly, we are not making an adjustment to
the cash deposit rate. These suspension of liquidation and cash deposit
instructions will remain in effect until further notice.
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\5\ See Memorandum, ``Magnesium from Israel: Final Affirmative
Countervailing Duty Determination,'' dated concurrently with this
notice.
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Disclosure
We will disclose the calculations performed within five days of
public announcement of this notice, in accordance with 19 CFR
351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final determination.
Because the final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
magnesium from Israel no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice serves as a reminder to 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(a)(3). Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, is hereby requested. Failure
to comply with the regulations and the terms of an APO is a violation
subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
352.210(c).
Dated: November 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are primary and
secondary pure and alloy magnesium metal, regardless of chemistry,
raw material source, form, shape, or size (including, without
limitation, magnesium cast into ingots, slabs, t-bars, rounds, sows,
billets, and other shapes, and magnesium ground, chipped, crushed,
or machined into raspings, granules, turnings, chips, powder,
briquettes, and any other shapes). Magnesium is a metal or alloy
containing at least 50 percent by actual weight 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 investigation also includes blends of primary
magnesium, scrap, and secondary magnesium.
The subject merchandise includes the following pure and alloy
magnesium metal products made from primary and/or secondary
magnesium: (1) Products that contain at least 99.95 percent
magnesium, by
[[Page 65783]]
actual weight (generally referred to as ``ultra-pure'' or ``high
purity'' magnesium); (2) products that contain less than 99.95
percent but not less than 99.8 percent magnesium, by actual weight
(generally referred to as ``pure'' magnesium); and (3) chemical
combinations of magnesium and other material(s) in which the
magnesium content is 50 percent or greater, but less than 99.8
percent, by actual weight, whether or not conforming to an ``ASTM
Specification for Magnesium Alloy.''
The scope of this investigation excludes mixtures containing 90
percent or less magnesium in granular or powder form by actual
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, nepheline syenite, feldspar, alumina
(A1203), calcium aluminate, soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash,
magnesium oxide, periclase, ferroalloys, dolomite lime, and
colemanite.
The merchandise subject to this investigation is classifiable
under items 8104.11.0000, 8104.19.0000, and 8104.30.0000 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 under investigation is
dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether To Treat Chlorine and Sylvanite as By-
products or Co-products
Comment 2: Transfer Price of Wet Carnallite
Comment 3: General and Administrative Expenses Ratio
Comment 4: Constructed Value Selling Expenses and Profit
Comment 5: U.S. Warehousing Expenses
Comment 6: Short-term Interest Rate, Credit Expenses and
Inventory Carrying Costs
VI. Recommendation
[FR Doc. 2019-25887 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-DS-P