[Federal Register Volume 86, Number 62 (Friday, April 2, 2021)]
[Notices]
[Pages 17360-17362]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06824]


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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 Administrative Review; 2019-20

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 (AD) order on pure 
magnesium from the People's Republic of China (China). The period of 
review (POR) is May 1, 2019, through April 30, 2020. Commerce 
preliminarily determines that Tianjin Magnesium International Co., Ltd. 
and Tianjin Magnesium Metal Co., Ltd. (collectively, TMI/TMM) did not 
have any shipments during the POR. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable April 2, 2021.

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 May 1, 2020, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the AD order on 
pure magnesium from China for the POR.\1\ On July 10, 2020, 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 
Order with respect to TMI/TMM.\3\ On July 21, 2020, Commerce tolled all 
deadlines in administrative reviews by 60 days.\4\ The deadline for the 
preliminary results of this review is now April 1, 2021.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 25394 (May 1, 2020); see also 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) (Order).
    \2\ See US Magnesium LLC's Letter, ``Request For Administrative 
Review,'' dated May 29, 2020.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 41540 (July 10, 2020). 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.
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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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

[[Page 17361]]

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'' \5\ 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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    \5\ 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 and TMM certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\6\ On November 2, 2020, 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 TMM/TMI.\7\ This query returned no entries 
during the POR.\8\ Additionally, on November 19, 2020, Commerce 
submitted a no-shipments inquiry to CBP with regard to TMI/TMM,\9\ to 
which CBP responded that it found no shipments of subject merchandise 
by TMI/TMM during the POR.\10\
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    \6\ See TMI's Letter, ``No Shipment Certification,'' dated July 
17, 2020; see also TMM's Letter, ``No Shipment Certification,'' 
dated July 17, 2020.
    \7\ See Memorandum, ``2019-2020 Administrative Review of Pure 
Magnesium from the People's Republic of China, Release of U.S. 
Customs and Border Protection Data,'' dated March 1, 2021 at 
Attachment 1.
    \8\ Id. at Attachment 2.
    \9\ Id. at Attachment 3.
    \10\ Id. at Attachment 4.
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    Accordingly, and consistent with our practice, we preliminarily 
determine that TMI/TMM had no shipments 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.\11\
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    \11\ 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 are invited to comment on the preliminary 
results and may submit case briefs, filed electronically via 
Enforcement and Compliance's Antidumping Duty and Countervailing Duty 
Centralized Electronic Service System (ACCESS), within 30 days after 
the date of publication of these preliminary results of review.\12\ 
ACCESS is available to registered users at https://access.trade.gov. 
Rebuttal briefs, limited to issues raised in the case briefs, must be 
filed within seven days after the time limit for filing case 
briefs.\13\ Parties who submit case or rebuttal briefs in this 
proceeding are requested to submit with each argument a statement of 
the issue, a brief summary of the argument, and a table of 
authorities.\14\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to
    COVID-19; Extension of Effective Period, 85 FR 41363 (July 10, 
2020) (Temporary Rule).
    \14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See Temporary Rule.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ Requests should 
contain: (1) The party's name, address, the telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
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 for the hearing to 
be held.\17\ Commerce intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\18\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). Pursuant to Commerce's practice in NME cases, if we 
continue to determine in the final

[[Page 17362]]

results that TMI/TMM had no shipments of subject merchandise, any 
suspended entries of subject merchandise during the POR from these 
companies will be liquidated at the China-wide rate.\19\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ 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 of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For TMI and 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 companies; (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; \20\ 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.
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    \20\ 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).
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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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: March 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-06824 Filed 4-1-21; 8:45 am]
BILLING CODE 3510-DS-P