[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Notices]
[Pages 21974-21975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07624]


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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; 2021-2022

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The U.S. 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, 2021, through March 31, 2022.

DATES: Applicable April 13, 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 December 21, 2022, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ No interested 
party submitted comments concerning the Preliminary Results or 
requested a hearing in this administrative review. Commerce conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act).
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    \1\ See Magnesium Metal from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2021-
2022, 87 FR 78049 (December 21, 2022) (Preliminary Results).
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Scope of the Order \2\
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    \2\ See Notice of Antidumping Duty Order: Magnesium Metal from 
the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(Order).
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    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'' \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 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;'' \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, 
nepheline syenite, feldspar, alumina (Al203), calcium aluminate, soda 
ash, hydrocarbons, graphite, coke, silicon, rare earth

[[Page 21975]]

metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, 
periclase, ferroalloys, dolomite lime, and colemanite.\5\ 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 subheadings are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.
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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); see also 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); 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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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 noted in the Preliminary Results, we received no-shipment 
statements from TMI and TMM,\7\ and the statements were consistent with 
the information we received from U.S. Customs and Border Protection 
(CBP).\8\ Because Commerce did not receive any comments on its 
preliminary finding, Commerce continues to find that TMI and TMM did 
not have any shipments of subject merchandise during the POR.
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    \6\ See Preliminary Results, 87 FR at 78049.
    \7\ Id.
    \8\ See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated July 5, 2022, at Attachments 1-3. We note 
that CBP did not respond to our no-shipment inquiry in Attachment 
with any contrary information by the expiration of the 10-day 
deadline.
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Assessment Rates

    Based on record evidence, we have determined that TMI and TMM had 
no shipments of subject merchandise during the POR, and, therefore, 
pursuant to Commerce's assessment practice, any suspended entries 
entered under their case numbers will be liquidated at the China-wide 
entity rate.\9\
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    \9\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this 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 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; \10\ 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 cash deposit requirements, when imposed, shall remain 
in effect until further notice.
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    \10\ See Order.
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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 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 Regarding Administrative Protection Order

    This notice also serves as the only reminder to 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(a)(3). Timely written 
notification of the return of destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the term of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a) and 777(i) of the Act, and 19 CFR 351.213(h).

    Dated: April 5, 2023.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-07624 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-DS-P