[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Notices]
[Pages 37429-37431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13375]


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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 Antidumping Duty Administrative Review; 2018-2019

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


[[Page 37430]]


SUMMARY: The Department of Commerce (Commerce) continues to find that 
Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium 
Metal, Co., Ltd. (TMM) had no shipments of subject merchandise covered 
by the antidumping duty order on magnesium metal from the People's 
Republic of China (China) for the period of review (POR) April 1, 2018 
through March 31, 2019.

DATES: Applicable June 22, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On January 8, 2020, Commerce published the Preliminary Results of 
the administrative review of the antidumping duty order on magnesium 
metal from China for the POR.\1\ We invited parties to submit comments 
on the Preliminary Results. No party submitted comments. Accordingly, 
the final results remain unchanged from the Preliminary Results.
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    \1\ See Magnesium Metal from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
19, 85 FR 879 (January 8, 2020) (Preliminary Results).
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    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). On April 
24, 2020, Commerce tolled all deadlines in administrative reviews by 50 
days, thereby extending the deadline for these results until June 26, 
2020.\2\
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    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
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Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from China, 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-based scrap into magnesium metal. The magnesium 
covered by this order 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 
rasping, 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'' \3\ 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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    \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.
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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''; \4\ (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 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.\5\
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    \4\ 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).
    \5\ 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.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that TMI and TMM 
had no shipments of subject merchandise to the United States during the 
POR.\6\ As we have not received any comments on our preliminary 
finding, we continue to find that TMI and 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.\7\
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    \6\ See Preliminary Results, 85 FR at 881.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011); see also 
``Assessment Rates'' section infra.
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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 nonmarket economy cases, for TMI and TMM, the 
exporters under review, which we determined had no shipments of the 
subject merchandise during the POR, any suspended entries of subject 
merchandise from these companies (i.e., made under TMI's case number at 
TMI's rate or made under TMM's name) will be liquidated at the China-
wide rate.

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 previously 
investigated or reviewed Chinese and non-Chinese exporters that

[[Page 37431]]

received a separate rate in a prior segment of this proceeding, 
including TMI, the cash deposit rate will continue to be the existing 
exporter-specific rate; (2) for all Chinese exporters of subject 
merchandise that have not been found to be entitled to a separate rate, 
including TMM, the cash deposit rate will be the China-wide rate of 
141.49 percent; \8\ and (3) 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-Chinese exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \8\ See Notice of Antidumping Duty Order: Magnesium Metal from 
the People's Republic of China, 70 FR 19928 (April 15, 2005).
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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.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to all 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. Timely written notification of 
the return/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.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: June 15, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-13375 Filed 6-19-20; 8:45 am]
BILLING CODE 3510-DS-P