[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67439-67440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25770]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (Commerce) and the International Trade Commission (ITC) that 
revocation of the antidumping duty (AD) order on magnesium metal from 
the People's Republic of China (China) would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, Commerce is publishing a notice of 
continuation of this AD order.

DATES: Applicable November 26, 2021.

FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482-4521.

SUPPLEMENTARY INFORMATION:

Background

    On April 15, 2005, Commerce published the AD order on magnesium 
metal from China.\1\ On June 1, 2021, Commerce initiated,\2\ and the 
ITC instituted,\3\ the third sunset review of the Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its review, Commerce determined that revocation of the Order 
would likely lead to continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the Order be revoked.\4\
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    \1\ See Notice of Antidumping Duty Order: Magnesium Metal from 
the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 86 FR 29239 
(June 1, 2021).
    \3\ See Magnesium from China; Institution of a Five-Year Review, 
86 FR 29280 (June 1, 2021).
    \4\ See Magnesium Metal from the People's Republic of China: 
Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order, 86 FR 51654 (September 16, 2021).
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    On November 17, 2021, the ITC published notice of its 
determination, pursuant to section 751(c) of the Act, that revocation 
of the Order would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\5\
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    \5\ See Alloy Magnesium from China, (Investigation No. 731-TA-
1071), 86 FR 64230, (November 17, 2021).
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Scope of the Order

    The product covered by the 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 
the Order includes blends of primary and secondary magnesium. The 
subject merchandise includes the following

[[Page 67440]]

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'' \6\ 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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    \6\ 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 the 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;'' \7\ (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.\8\ 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.
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    \7\ 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).
    \8\ 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); see also Final Determination of Sales at Less 
Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 
27, 2001); and 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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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce hereby orders the continuation of the Order. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the Order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order no later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction, or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-25770 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P