[Federal Register Volume 88, Number 172 (Thursday, September 7, 2023)]
[Notices]
[Pages 61522-61523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19209]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Rescission 
of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is rescinding the 
administrative review of the antidumping duty (AD) order on magnesium 
metal from the People's Republic of China (China) for the period of 
review (POR) April 1, 2022, through March 31, 2023.

DATES: Applicable September 7, 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 April 4, 2023, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on magnesium metal from China.\1\ On April 25, 2023, US Magnesium 
LLC (the petitioner) submitted a timely request that Commerce conduct 
an administrative review.\2\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 19916 (April 4, 
2023).
    \2\ See Petitioner's Letter, ``Request for Administrative 
Review,'' dated April 25, 2023.
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    On June 12, 2023, Commerce published in the Federal Register a 
notice of initiation of administrative review with respect to imports 
of magnesium metal exported and/or produced by Tianjin Magnesium 
International Co., Ltd. and Tianjin Magnesium Metal Co., Ltd, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(the Act), and 19 CFR 351.221(c)(1)(i).\3\ On July 18, 2023, we placed 
on the record U.S. Customs and Border Protection (CBP) data for entries 
of magnesium metal from China during the POR, showing no reviewable POR 
entries and invited interested parties to comment.\4\ No interested 
party submitted comments to Commerce.
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    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 38021 (June 12, 2023).
    \4\ See Memorandum, ``Release of Customs and Border Protection 
Data,'' dated July 18, 2023.
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    Additionally, on August 10, 2023, Commerce notified all interested 
parties of its intent to rescind the instant review in whole because 
there were no reviewable, suspended entries of subject merchandise by 
any of the companies subject to this review during the POR and invited 
interested parties to comment.\5\ No interested party submitted 
comments to Commerce.
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    \5\ See Commerce's Letter, ``Notice of Intent to Rescind 
Review,'' dated August 10, 2023
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Rescission of Review

    Pursuant to 19 CFR 351.213(d)(3), it is Commerce's practice to 
rescind an administrative review of an AD order when there are no 
reviewable entries of subject merchandise during the POR for which 
liquidation is suspended.\6\ Normally, upon completion of an 
administrative review, the suspended entries are liquidated at the AD 
assessment rate calculated for the review period.\7\ Therefore, for an 
administrative review to be conducted, there must be at least one 
reviewable, suspended entry that Commerce can instruct CBP to liquidate 
at the AD assessment rate calculated for the review period.\8\ As noted 
above, there were no entries of subject merchandise for any of the 
companies subject to this review during the POR. Accordingly, in the 
absence of suspended entries of subject merchandise during the POR, we 
are hereby rescinding this administrative review, in its entirety, in 
accordance with 19 CFR 351.213(d)(3).
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    \6\ See, e.g., Dioctyl Terephthalate from the Republic of Korea: 
Rescission of Antidumping Administrative Review; 2021-2022, 88 FR 
24758 (April 24, 2023); see also Certain Carbon and Alloy Steel Cut- 
to Length Plate from the Federal Republic of Germany: Recission of 
Antidumping Administrative Review; 2020-2021, 88 FR 4157 (January 
24, 2023).
    \7\ See 19 CFR 351.212(b)(1).
    \8\ See 19 CFR 351.213(d)(3).

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[[Page 61523]]

Assessment

    Commerce will instruct CBP to assess antidumping duties on all 
appropriate entries. Antidumping duties shall be assessed at rates 
equal to the cash deposit of estimated antidumping duties required at 
the time of entry, or withdrawal from warehouse, for consumption, in 
accordance with 19 CFR 351.212(c)(1)(i). Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of this rescission notice in the Federal Register.

Notification Regarding Administrative Protective Order

    This notice 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 or destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a sanctionable 
violation.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: August 31, 2023.
James Maeder,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2023-19209 Filed 9-6-23; 8:45 am]
BILLING CODE 3510-DS-P