[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36874-36875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13574]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Final 
Results of Expedited Second Sunset Review of Antidumping Duty Order

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

SUMMARY:  As a result of this sunset review, the Department of Commerce 
(``Department'') finds that revocation of the antidumping duty (``AD'') 
order on magnesium metal from the People's Republic of China would be 
likely to lead to continuation or recurrence of dumping at the dumping 
margins identified in the ``Final Results of Review'' section of this 
notice.

DATES:  Effective Date: June 8, 2016.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6386, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2016, the Department published the notice of 
initiation of the second sunset review of the AD Order \1\ on magnesium 
metal from the People's Republic of China (``PRC''), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ 
On February 16, 2016, US Magnesium LLC (``Petitioner'') notified the 
Department of its intent to participate within the 15-day period 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested party claimed interested-party status under 
section 771(9)(C) of the Act as a

[[Page 36875]]

manufacturer of a domestic like product in the United States.
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    \1\ See Notice of Antidumping Duty Order: Magnesium Metal From 
the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(``Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 82 FR 5418 
(February 2, 2016) (``Initiation Notice'').
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    On March 3, 2016, the Department received a complete substantive 
response to the Initiation Notice, with respect to the Order, from 
Petitioner within the 30-day period specified in 19 CFR 
351.218(d)(3)(i).\3\ The Department received no substantive responses 
from respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department has conducted an expedited (120-day) sunset review of the 
antidumping duty order on certain magnesium metal from the PRC.
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    \3\ See Submissions from Petitioner to the Department, ``Five-
Year (``Sunset'') Review Of The Antidumping Duty Order On Magnesium 
Metal From The People's Republic of China: US Magnesium's 
Substantive Response To The Notice Of Initiation,'' (``Substantive 
Response'') dated March 3, 2016.
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Scope of the Order

    The merchandise covered by the order is magnesium metal from the 
PRC, 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-backed scrap into magnesium metal. The magnesium 
covered by this investigation 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 
raspings, 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 the PRC (generally referred to as ``alloy'' 
magnesium).
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    \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 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 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.
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    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.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
provided in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice.\7\ The issues discussed in the Issues 
and Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins of dumping 
likely to prevail if the order were revoked. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at http://access.trade.gov and to all parties in 
the Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at http://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
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    \7\ See the Department's memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final Result of 
Expedited Second Sunset Reviews of the Antidumping Duty Orders on 
Certain Magnesium Metal From the People's Republic of China,'' dated 
concurrently with this notice.
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Final Results of the Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the antidumping duty order 
on magnesium metal from the PRC would likely to lead to a continuation 
or recurrence of dumping, and that the magnitude of the dumping margin 
likely to prevail would be weighted-average margins up to 141.49 
percent.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: June 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13574 Filed 6-7-16; 8:45 am]
 BILLING CODE 3510-DS-P