[Federal Register Volume 88, Number 23 (Friday, February 3, 2023)]
[Notices]
[Pages 7402-7404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02212]


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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 Duty Administrative Review; 2021-2022

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (China). The period of review (POR) 
is May 1, 2021, through April 30, 2022. Commerce preliminarily 
determines that Tianjin Magnesium International Co., Ltd. (TMI) and 
Tianjin

[[Page 7403]]

Magnesium Metal Co., Ltd. (TMM) (collectively, TMI/TMM) did not have 
any shipments of subject merchandise during the POR.\1\ We invite 
interested parties to comment on these preliminary results.
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    \1\ In the 2011 and 2012 administrative review, Commerce 
collapsed both TMI and TMM into a single entity. 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 footnote 1.

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DATES: Applicable February 3, 2023.

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 May 2, 2022, Commerce published in the Federal Register a notice 
of opportunity to request an administrative review of the antidumping 
duty order on pure magnesium from China for the POR.\2\ On May 20, 
2022, and in accordance with section 751(a) of the Tariff Act of 1930, 
as amended (the Act), we received a timely request from US Magnesium 
LLC (the petitioner) for a review of TMI/TMM.\3\ On June 9, 2022, TMI/
TMM objected to the request on the basis that it had not sold 
merchandise in the United States for an extended period of years.\4\ On 
July 14, 2022, in response to the petitioner's request, we initiated an 
administrative review of the Order with respect to TMI/TMM, in 
accordance with section 751(a) of the Act, and 19 CFR 
351.221(c)(1)(i).\5\
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    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 87 FR 25619 (May 2, 
2022); see also Notice of Antidumping Duty Order: 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).
    \3\ See Petitioner's Letter, ``Request For Administrative 
Review,'' dated May 20, 2022.
    \4\ See TMI/TMM's Letter, ``Objection to Request for Review,'' 
dated June 9, 2022.
    \5\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 87 FR 42144 (July 14, 2022).
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Scope of the Order

    Merchandise covered by the Order is pure magnesium regardless of 
chemistry, form or size, unless expressly 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'' \3\ and are thus outside the scope of the existing antidumping 
orders on magnesium from China (generally referred to as ``alloy'' 
magnesium).
    (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/TMM certifying that they 
did not have sales, shipments, or exports of subject merchandise to the 
United States during the POR.\6\ On July 21, 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 TMI/
TMM.\7\ This query returned no entries during the POR.\8\ Additionally, 
on August 9, 2022, Commerce submitted a no-shipments inquiry to CBP 
with regard to TMI/TMM, to which CBP did not respond with any contrary 
information by the expiration of the ten-day deadline on August 19, 
2022.\9\
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    \6\ See TMI's Letter, ``No Shipment Certification,'' dated July 
27, 2022; see also TMM's Letter, ``No Shipment Certification,'' 
dated July 27, 2022.
    \7\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated August 23, 2022, at Attachment 1.
    \8\ Id. at Attachment 2.
    \9\ Id. at 1 and Attachment 3.
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    Accordingly, and consistent with our practice, we preliminarily 
determine that TMI/TMM had no shipments and, therefore, no reviewable 
entries 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.\10\
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    \10\ 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, 
infra.
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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.\11\ 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

[[Page 7404]]

authorities.\12\ Executive summaries should be limited to five pages 
total, including footnotes.\13\ Case and rebuttal briefs should be 
filed using Enforcement and Compliance's Antidumping and Countervailing 
Duty Centralized Electronic Service System (ACCESS).\14\ Note that 
Commerce has temporarily modified certain of its requirements for 
serving documents containing business proprietary information, until 
further notice.\15\
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    \11\ See 19 CFR 351.309(d).
    \12\ See 19 CFR 351.309(c)(2) and (d)(2).
    \13\ Id.
    \14\ See 19 CFR 351.303.
    \15\ See Temporary Rule Modifying AD/CVD Service Requirements 
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July 
10, 2020).
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    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.\16\
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    \16\ See section 751(a)(3)(A) of the Act; see also 19 CFR 
351.213(h)(1).
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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.\17\ 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/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.\18\
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    \17\ See 19 CFR 351.212(b)(1).
    \18\ 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/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; 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: January 27, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-02212 Filed 2-2-23; 8:45 am]
BILLING CODE 3510-DS-P