[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)
------------------------------------------------------------------------
Dead Sea Magnesium, Ltd.................................          218.98
All Others..............................................          218.98
------------------------------------------------------------------------

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