[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78049-78050]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27689]



[[Page 78049]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that there were no shipments of merchandise subject to the 
antidumping duty (AD) order on magnesium metal from the People's 
Republic of China (China) during the period of review (POR), April 1, 
2021, through March 31, 2022, from Tianjin Magnesium International Co., 
Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM). We invite 
interested parties to comment on these preliminary results.

DATES: Applicable December 21, 2022.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2022, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on magnesium metal from China for the POR.\1\ On April 15, 2022, 
we received a timely request from US Magnesium LLC (the petitioner).\2\ 
On May 16, 2022, TMI and TMM, upon which the petitioner requested a 
review, objected to the request on the basis that they had not sold 
merchandise in the United States for more than ten years.\3\ On June 9, 
2022, in response to the petitioner's request, we initiated an 
administrative review of the Order with respect to TMI and TMM, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.221(c)(1)(i).\4\
---------------------------------------------------------------------------

    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 19075 (April 1, 
2022); see also Notice of Antidumping Duty Order: Magnesium Metal 
from the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(Order).
    \2\ See Petitioner's Letter, ``Magnesium Metal from the People's 
Republic of China/Request for Administrative Review,'' dated April 
15, 2022.
    \3\ See TMI and TMM's Letter, ``Magnesium Metal from the 
People's Republic of China; A-570-896; Objection to Request for 
Review,'' dated May 16, 2022.
    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 35165 (June 9, 2022).
---------------------------------------------------------------------------

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 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'' \5\ and are thus outside the scope of the existing antidumping 
orders on magnesium from China (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \5\ 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.
---------------------------------------------------------------------------

    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''; \6\ (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.\7\ 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.
---------------------------------------------------------------------------

    \6\ 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); see also Antidumping 
Duty Order: Pure Magnesium in Granular Form from the People's 
Republic of China, 66 FR 57936 (November 19, 2001).
    \7\ 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.
---------------------------------------------------------------------------

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.\8\ On June 15, 2022, we requested 
U.S. Customs and Border Protection (CBP) entry data of subject 
merchandise imported into the United States during the POR, and 
exported by TMM or TMI.\9\ This query returned no entries during the 
POR.\10\ Additionally, on June 21, 2022, Commerce submitted a no-
shipments inquiry to CBP with regard to TMI and TMM, to which CBP did 
not respond with any contrary information by the expiration of the 10-
day deadline on July 1, 2022.\11\
---------------------------------------------------------------------------

    \8\ See TMI's Letter, ``Magnesium Metal from the People's 
Republic of China; A-570-896; No Shipment Certification,'' dated 
June 13, 2022; see also TMM's Letter, ``Magnesium Metal from the 
People's Republic of China; A-570-896; No Shipment Certification,'' 
dated June 13, 2022.
    \9\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated July 5, 2022, at Attachment 1.
    \10\ Id. at Attachment 2.
    \11\ Id. at 1 and Attachment 3.
---------------------------------------------------------------------------

    Accordingly, and consistent with our practice, we preliminarily 
determine that TMI and TMM had no shipments and, therefore, no 
reviewable entries

[[Page 78050]]

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 and 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.\12\
---------------------------------------------------------------------------

    \12\ 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.
---------------------------------------------------------------------------

Disclosure and Public Comment

    Because Commerce has not calculated weighted-average dumping 
margins for these preliminary results, there are no calculations to 
disclose to interested parties.
    Interested parties are invited to comment on these preliminary 
results of the review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested 
parties may submit case briefs no later than 30 days after the date of 
publication of this notice in the Federal Register. Rebuttal briefs, 
limited to issues raised in the case briefs, may be filed no later than 
seven days after the deadline for filing case briefs.\13\ Parties who 
submit case briefs or rebuttal briefs in this proceeding are encouraged 
to submit with each brief: (1) a statement of the issue; (2) a brief 
summary of the argument; and (3) a table of authorities.\14\ Executive 
summaries should be limited to five pages total, including 
footnotes.\15\ Case and rebuttal briefs should be filed using 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS).\16\ Note that Commerce 
has temporarily modified certain of its requirements for serving 
documents containing business proprietary information, until further 
notice.\17\
---------------------------------------------------------------------------

    \13\ See 19 CFR 351.309(d).
    \14\ See 19 CFR 351.309(c)(2) and (d)(2).
    \15\ Id.
    \16\ See 19 CFR 351.303.
    \17\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
---------------------------------------------------------------------------

    Pursuant to 19 CFR 351.310(c), any interested party may request a 
hearing within 30 days of the date of publication of this notice in the 
Federal Register. Interested parties who wish to request a hearing must 
submit a written request to the Assistant Secretary for Enforcement and 
Compliance, filed electronically via ACCESS, by the deadline noted 
above. If a hearing is requested, Commerce will notify interested 
parties of the hearing date and time. Requests for a hearing should 
contain: (1) the requesting party's name, address, and telephone 
number; (2) the number of individuals from the requesting party's firm 
that will attend the hearing; and (3) a list of issues the party 
intends to discuss at the hearing. Issues raised in the hearing will be 
limited to those raised in the respective case and rebuttal briefs.
    Unless we extend the deadline for the final results of this review, 
we intend to issue the final results of this administrative review, 
including the results of our analysis of issues raised by the parties 
in their briefs, within 120 days of the date of publication of this 
notice in the Federal Register.\18\
---------------------------------------------------------------------------

    \18\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
---------------------------------------------------------------------------

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.\19\ 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 results that TMI and 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.\20\
---------------------------------------------------------------------------

    \19\ See 19 CFR 351.212(b)(1).
    \20\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------

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, which claimed no shipments, the cash deposit rate 
will remain unchanged from the rate assigned to TMI 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 (including TMM, which claimed no shipments, 
but has not been found to be separate from China-wide entity), the cash 
deposit rate will be China-wide rate of 141.49 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 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 double 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: December 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27689 Filed 12-20-22; 8:45 am]
BILLING CODE 3510-DS-P