[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33862-33863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11146]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


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

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

SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S. 
International Trade Commission (ITC) have determined that revocation of 
the antidumping duty (AD) order on pure magnesium from the People's 
Republic of China would likely lead to continuation or recurrence of 
dumping and material injury to industry in the United States. 
Therefore, Commerce is publishing a notice of continuation of the AD 
order on pure magnesium from the People's Republic of China.

DATES: Applicable May 25, 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 12, 1995, Commerce published in the Federal Register the AD 
order on pure magnesium from the People's Republic of China.\1\ On 
March 1, 2022, Commerce published the notice of initiation of the 
sunset review of the Order, pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (the Act).\2\ As a result of its review, 
Commerce determined that revocation of the Order would likely lead to 
continuation or recurrence of dumping. Therefore, Commerce notified the 
ITC of the magnitude of the margins likely to prevail should the Order 
be revoked, pursuant to sections 751(c)(1) and 752(c) of the Act.\3\ On 
May 19, 2023, the ITC published its determination, pursuant to sections 
751(c) and 752(a) of the Act, that revocation of the Order would likely 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.\4\
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    \1\ 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) (Order).
    \2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416 
(March 1, 2022).
    \3\ See Pure Magnesium from the People's Republic of China: 
Final Results of Expedited Fifth Sunset Review of the Antidumping 
Duty Order, 87 FR 35732 (June 13, 2022), and accompanying Issues and 
Decision Memorandum.
    \4\ See Pure Magnesium from China, 88 FR 32246 (May 19, 2023).
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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

[[Page 33863]]

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);
    (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.

Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and 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 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, Commerce intends to initiate 
the next five-year review of the Order not 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 
an administrative protective order (APO) of their responsibility 
concerning the return or 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 with the 
regulations and terms of an APO is a violation which may be subject to 
sanctions.

Notification to Interested Parties

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

    Dated: May 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11146 Filed 5-24-23; 8:45 am]
BILLING CODE 3510-DS-P