[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