[Federal Register Volume 85, Number 24 (Wednesday, February 5, 2020)]
[Notices]
[Pages 6509-6511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02257]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (China), covering the period May 1, 
2018 through April 30, 2019. Commerce preliminarily determines that 
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, 
Co., Ltd. (collectively TMI/TMM) did not have reviewable entries during 
the period of review (POR). We invite interested parties to comment on 
these preliminary results.

DATES: Applicable February 5, 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 May 1, 2019, Commerce published a notice of opportunity to 
request an administrative review of the antidumping duty order on pure 
magnesium from China for the POR.\1\ On July 15, 2019, in response to a 
timely request from the petitioner,\2\ and in accordance with section 
751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 
351.221(c)(1)(i), we initiated an administrative review of the 
antidumping duty order on pure magnesium from China with respect to 
TMI/TMM.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity to Request Administrative 
Review, 84 FR 18479 (May 1, 2019).
    \2\ See US Magnesium LLC's Letter, ``Pure Magnesium from the 
People's Republic of China: Request for Administrative Review,'' 
dated May 31, 2019.
    \3\ 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.

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[[Page 6510]]

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'' \4\ 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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    \4\ 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.

Preliminary Determination of No Shipments

    We received timely submissions from TMI/TMM certifying that they 
did not have sales, shipments, or exports of subject merchandise to the 
United States during the POR.\5\ On December 20, 2019, we requested the 
U.S. Customs and Border Protection (CBP) data file of entries of 
subject merchandise imported into the United States during the POR, and 
exported by TMI/TMM. This query returned no entries during the POR.\6\ 
Additionally, we sent an inquiry to CBP requesting that any CBP officer 
alert Commerce if he/she had information contrary to TMI/TMM's no-
shipments claims.\7\
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    \5\ See TMI's Letter, ``Pure Magnesium from the People's 
Republic of China, A-570-832; No Shipment Certification for Tianjin 
Magnesium International Co., Ltd.,'' dated August 7, 2019; see also 
TMM's Letter, ``Pure Magnesium from the People's Republic of China, 
A-570-832; No Shipment Certification for Tianjin Magnesium Metal 
Co., Ltd.,'' dated August 7, 2019.
    \6\ See Memorandum, ``2018-2019 Administrative Review of Pure 
Magnesium from the People's Republic of China, U.S. Customs and 
Border Protection Data,'' dated January 28, 2020, at Attachment 1.
    \7\ Id. at Attachment 2.
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    Based on the available record information, and consistent with our 
practice, we preliminarily determine that TMI/TMM had no shipments and, 
therefore, no reviewable entries during the POR. In addition, we find 
it is not appropriate to rescind the review with respect to these 
companies but, rather, to complete the review with respect to TMI/TMM 
and issue appropriate instructions to CBP based on the final results of 
the review, consistent with our practice in non-market economy (NME) 
cases.\8\
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    \8\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016) and the ``Assessment Rates'' section, 
below.
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Public Comment

    Interested parties may submit case briefs no later than 30 days 
after the date of publication of this notice in the Federal 
Register.\9\ Rebuttals to case briefs, which must be limited to issues 
raised in the case briefs, must be filed within five days after the 
date for filing case briefs.\10\ Parties who submit arguments are 
requested to submit with each argument (a) a statement of the issue, 
(b) a brief summary of the argument, and (c) a table of 
authorities.\11\ Parties submitting briefs should do so pursuant to 
Commerce's electronic filing system: Enforcement and Compliance's 
Antidumping and Countervailing Duty Centralized Electronic Service 
System (ACCESS).\12\ ACCESS is available to registered users at https://access.trade.gov, and is available to all parties in the Central 
Records Unit, room B8024 of the main Commerce building.
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    \9\ See 19 CFR 351.309(c)(1)(ii).
    \10\ See 19 CFR 351.309(d)(1) and (2).
    \11\ See 19 CFR 351.309(c)(2), (d)(2).
    \12\ See 19 CFR 351.303 (for general filing requirements).
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing must submit a written request to the Assistant 
Secretary for Enforcement and Compliance, U.S. Department of Commerce 
within 30 days of the date of publication of this notice. Hearing 
requests should contain the following information: (1) The party's 
name, address, and telephone number; (2) the number of participants; 
and (3) a list of the issues parties intend to discuss. Issues raised 
in the hearing will be limited to those raised in the respective case 
and rebuttal briefs. If a request for a hearing is made, parties will 
be notified of the time and date of the hearing which will be held at 
the U.S. Department of Commerce, 1401 Constitution Avenue NW, 
Washington, DC 20230.
    Unless extended, we intend to issue the final results of this 
administrative review, including our analysis of all issues raised in 
any written brief, within 120 days of publication of this notice in the 
Federal Register, pursuant to section 751(a)(3)(A) of the Act.

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review.\13\ We intend to issue assessment instructions to CBP 
15 days after the publication date of the final results of this review. 
Pursuant to Commerce's

[[Page 6511]]

practice in NME cases, if we continue to determine in the final results 
that TMI/TMM had no shipments of subject merchandise, any suspended 
entries of subject merchandise during the POR from TMI/TMM will be 
liquidated at the China-wide rate.\14\
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    \13\ See 19 CFR 351.212(b)(1).
    \14\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for 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; 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 Chinese 
exporter(s) that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 period. Failure to comply with this 
requirement may result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice is issued in accordance with sections 751(a)(1) and 
777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: January 29, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-02257 Filed 2-4-20; 8:45 am]
 BILLING CODE 3510-DS-P