[Federal Register Volume 84, Number 138 (Thursday, July 18, 2019)]
[Notices]
[Pages 34341-34343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15188]


-----------------------------------------------------------------------

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; 2017-2018

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. (TMI) and Tianjin Magnesium 
Metal Co., Ltd. (TMM) (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, 2017 through April 31, 2018.

DATES: Applicable July 18, 2019.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane or Brendan Quinn, 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 or (202) 482-5848, 
respectively.

SUPPLEMENTARY INFORMATION:

[[Page 34342]]

Background

    On March 13, 2019, Commerce published the Preliminary Results.\1\ 
We invited interested parties to comment on the Preliminary Results, 
but no comments were received. Accordingly, we made no changes to the 
Preliminary Results.
---------------------------------------------------------------------------

    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2017-
2018, 84 FR 9091 (March 13, 2019) (Preliminary Results).
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
    Commerce exercised its discretion to toll all deadlines affected by 
the partial federal government closure from December 22, 2018, through 
the resumption of operations on January 29, 2019. Accordingly, the 
revised deadline for the issuance of these final results is now July 
12, 2019.\2\
---------------------------------------------------------------------------

    \2\ See memorandum to the Record from 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, ``Deadlines 
Affected by the Partial Shutdown of the Federal Government,'' dated 
January 28, 2019. All deadlines in this segment of the proceeding 
have been extended by 40 days.
---------------------------------------------------------------------------

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).
---------------------------------------------------------------------------

    \3\ 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.
---------------------------------------------------------------------------

    (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-
pecification 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 shipments of the subject merchandise, and, therefore, no 
reviewable transactions, during the POR.\5\ As we have not received any 
information to contradict our preliminary finding, we determine 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\
---------------------------------------------------------------------------

    \4\ In the 2011-2012 administrative review of the order, 
Commerce determined TMM and TMI to be collapsed and treated as a 
single entity for purposes of that proceeding. 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. 
Because there have been no changes to the facts supporting the 
original collapsing determination, which remains unchallenged in 
this review, we continue to find that these companies are part of a 
single entity for the purposes of this administrative review.
    \5\ See Preliminary Results, 84 FR at 9092.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section below.
---------------------------------------------------------------------------

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, consistent with Commerce's refinement to its 
assessment practice in non-market economy cases, for TMI/TMM, 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.\7\
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Assessment 
Notice.
---------------------------------------------------------------------------

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-PRC

[[Page 34343]]

exporter. These deposit requirements, when imposed, shall remain in 
effect until further notice.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

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.

Administrative Protective Order

    This notice also 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 terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: July 2, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2019-15188 Filed 7-17-19; 8:45 am]
BILLING CODE 3510-DS-P