[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48149-48152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12340]


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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; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily 
determines that the sole mandatory respondent under review sold pure 
magnesium from the People's Republic of China (China) at less than 
normal value (NV) during the period of review (POR) May 1, 2022, 
through April 30, 2023. Interested parties are invited to comment on 
these preliminary results.

DATES: Applicable June 5, 2024.

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 
antidumping duty (AD) order on pure magnesium from China.\1\ On May 2,

[[Page 48150]]

2023, Commerce published in the Federal Register a notice of 
opportunity to request administrative reviews of the Order.\2\ On July 
12, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as 
amended (the Act), Commerce initiated an administrative review of 
Order.\3\ The review covers Tianjin Magnesium International Co., Ltd. 
(TMI) and Tianjin Magnesium Metal Co., Ltd. (MMC).\4\
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    \1\ See 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). The 
companion investigation involving alloy magnesium from China ended 
as a result of the International Trade Commission's final negative 
injury determination in that proceeding and, accordingly, an AD 
order was issued only for imports of the pure magnesium product from 
China.
    \2\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2, 
2023).
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation 
Notice).
    \4\ In the 2011-2012 administrative review, Commerce collapsed 
both TMI and MMC 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. Because 
there is no information on the record of this administrative review 
that would lead us to revisit this determination, we are continuing 
to treat these companies as part of a single entity for the purposes 
of this administrative review.
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    On January 5, 2024, we extended the deadline for these preliminary 
results, in accordance with section 751(a)(3)(A) of the Act, and 19 CFR 
351.213(h)(2), until May 30, 2024.\5\
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    \5\ See Memorandum, ``Extension of Deadline for Preliminary 
Results of Antidumping Duty Administrative Review,'' dated January 
5, 2024.
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    For a complete description of the events that occurred since the 
Initiation Notice and the analysis behind the preliminary results 
herein, see the Preliminary Decision Memorandum.\6\ The Preliminary 
Decision Memorandum is a public document and is on file electronically 
via Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (ACCESS). ACCESS is available to 
registered users at https://access.trade.gov. In addition, a complete 
version of the Preliminary Decision Memorandum can be accessed directly 
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of 
topics discussed in the Preliminary Decision Memorandum is included as 
an appendix to this notice.
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    \6\ See Memorandum, ``Decision Memorandum for the Preliminary 
Results of Antidumping Duty Administrative Review: Pure Magnesium 
from the People's Republic of China; 2022-2023,'' dated concurrently 
with, and hereby adopted by, this notice (Preliminary Decision 
Memorandum).
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Scope of the Order

    The product covered by the Order is pure magnesium from China. For 
a complete description of the scope of the Order, see the Preliminary 
Decision Memorandum.

The China-Wide Entity

    Commerce's policy regarding conditional review of the China-wide 
entity applies to this administrative review.\7\ Under this policy, the 
China-wide entity will not be under review unless a party specifically 
requests, or Commerce self-initiates, a review of the entity. Because 
no party requested a review of the China-wide entity, the entity is not 
under review, and the entity's rate, i.e., 111.73 percent, is not 
subject to change.\8\ Moreover, we preliminarily determine that MMC/TMI 
is eligible for a separate rate and thus not part of the China-wide 
entity.
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
    \8\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010).
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Methodology

    We are conducting this administrative review in accordance with 
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated 
export prices for MMC/TMI in accordance with section 772(a) of the Act. 
Because China is a non-market economy within the meaning of section 
771(18) of the Act, we calculated NV in accordance with section 773(c) 
of the Act. For a full description of the methodology underlying the 
preliminary results of this review, see the Preliminary Decision 
Memorandum.

Preliminary Results of Review

    We preliminarily determine that the following weighted-average 
dumping margin exists for the period May 1, 2022, through April 30, 
2023:

------------------------------------------------------------------------
                                                      Weighted-average
                     Exporter                          dumping margin
                                                          (percent)
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Tianjin Magnesium International Co., Ltd./Tianjin                 93.97
 Magnesium Metal Co., Ltd.........................
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Verification

    On October 16, 2023, US Magnesium LLC, the petitioner, requested 
that Commerce conduct verification in this review of TMI/MMC.\9\ 
Accordingly, as provided in section 782(i)(3) of the Act, Commerce 
intends to verify certain of the information that will be relied upon 
for the final results of this review.

Disclosure and Public Comment

    We intend to disclose to interested parties the calculations 
performed for these preliminary results in accordance with 19 CFR 
351.224(b). Interested parties may submit case briefs no later than 
seven days after the date on which the last verification report is 
issued in this administrative review. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than five days 
after the date for filing case briefs.\10\ Interested parties who 
submit case or rebuttal briefs in this proceeding must submit: (1) a 
table of contents listing each issue; and (2) a table of 
authorities.\11\
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    \9\ See Petitioner's Letter, ``Petitioner's Request for 
Verification,'' dated October 16, 2023.
    \10\ See 19 CFR 351.309(d); see also Administrative Protective 
Order, Service, and Other Procedures in Antidumping and 
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29, 
2023) (APO and Service Final Rule).
    \11\ See 19 351.309(c)(2) and (d)(2).
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    As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior 
proceedings we have encouraged interested parties to provide an 
executive summary of their brief that should be limited to five pages 
total, including footnotes. In this administrative review, we instead 
request that interested parties provide at the beginning of their 
briefs a public, executive summary for each issue raised in their 
briefs.\12\ Further, we request that interested parties limit their 
public executive summary of each issue to no more than 450 words, not 
including citations. We intend to use the public executive summaries as 
the basis of the comment summaries included in the

[[Page 48151]]

issues and decision memorandum that will accompany the final results of 
this administrative review. We request that interested parties include 
footnotes for relevant citations in the public executive summary of 
each issue. Note that Commerce has amended certain of its requirements 
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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    \12\ We use the term ``issue'' here to describe an argument that 
Commerce would normally address in a comment of the Issues and 
Decision Memorandum.
    \13\ See APO and Service Final Rule.
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    Pursuant to 19 CFR 351.310(c), interested parties who wish to 
request a hearing, limited to issues raised in the case and rebuttal 
briefs, must submit a written request to the Assistant Secretary for 
Enforcement and Compliance, U.S. Department of Commerce, filed 
electronically via Commerce's electric records system, ACCESS. An 
electronically-filed request must be received successfully in its 
entirety by 5:00 p.m. Eastern Time within 30 days after the date of 
publication of this notice.\14\ Requests should contain (1) the party's 
name, address, and telephone number; (2) the number of participants and 
whether any participant is a foreign national; and (3) a list of the 
issues to be discussed. If a request for a hearing is made, Commerce 
intends to hold the hearing at a time and date to be determined.\15\ 
Parties should confirm by telephone the date and time of the hearing 
two days before the scheduled date.
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    \14\ See 19 CFR 351.310(c).
    \15\ See 19 CFR 351.310(d).
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    Unless otherwise extended, we intend to issue the final results of 
this administrative review, which will include the results of our 
analysis of the issues raised in the case and rebuttal briefs, within 
120 days of publication of these preliminary results in the Federal 
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 
351.213(h).

Assessment Rates

    Upon issuance of the final results, Commerce will determine, and 
CBP shall assess, antidumping duties on all appropriate entries covered 
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce 
intends to issue assessment instructions to CBP 35 days after the 
publication of the final results of this review. 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).
    We will calculate importer/customer-specific assessment rates equal 
to the ratio of the total amount of dumping calculated for examined 
sales to a particular importer/customer to the total entered value of 
those sales, in accordance with 19 CFR 351.212(b)(1).\16\ Where the 
respondent reported reliable entered values, Commerce intends to 
calculate importer/customer-specific ad valorem assessment rates by 
dividing the total amount of dumping calculated for all reviewed U.S. 
sales to the importer/customer by the total entered value of the 
merchandise sold to the importer/customer.\17\ Where the respondents 
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of 
dumping calculated for all reviewed U.S. sales to the importer/customer 
by the total quantity of those sales. Commerce will calculate an 
estimated ad valorem importer/customer-specific assessment rate to 
determine whether the per-unit assessment rate is de minimis; however, 
Commerce will use the per-unit assessment rate where entered values 
were not reported.\18\ Where an importer/customer-specific ad valorem 
assessment rate is not zero or de minimis, Commerce will instruct CBP 
to collect the appropriate duties at the time of liquidation. Where 
either the respondent's ad valorem weighted-average dumping margin is 
zero or de minimis, or an importer/customer-specific ad valorem 
assessment rate is zero or de minimis,\19\ Commerce will instruct CBP 
to liquidate the appropriate entries without regard to antidumping 
duties.
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    \16\ In these preliminary results, Commerce applied the 
assessment rate calculation method adopted in Antidumping 
Proceedings: Calculation of the Weighted-Average Dumping Margin and 
Assessment Rate in Certain Antidumping Proceedings: Final 
Modification, 77 FR 8101 (February 14, 2012).
    \17\ See 19 CFR 351.212(b)(1).
    \18\ Id.
    \19\ See 19 CFR 351.106(c)(2).
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    Pursuant to Commerce's refinement to its practice, for sales that 
were not reported in the U.S. sales database submitted by a respondent 
individually examined during this review, Commerce will instruct CBP to 
liquidate the entry of such merchandise at the dumping margin assigned 
to the China-wide entity.\20\
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    \20\ 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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    In accordance with section 751(a)(2)(C) of the Act, the final 
results of this review shall be the basis for the assessment of ADs on 
entries of merchandise covered by the final results of this review and 
for future deposits of estimated antidumping duties, where applicable.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for all shipments of 
the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit 
rate for MMC/TMI will be that rate established in the final results of 
this review (except, if the rate is de minimis, then a cash deposit 
rate of zero will be required); (2) for a previously investigated or 
reviewed exporter of subject merchandise not listed in the final 
results of review that has a separate rate, the cash deposit rate will 
continue to be the exporter's existing cash deposit rate; (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 rate for 
the China-wide entity (i.e., 111.73 percent); and (4) for all exporters 
of subject merchandise that are not located in China and are not 
eligible for a separate 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.

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

    We are issuing and publishing the preliminary results of this 
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act, 
and 19 CFR 351.213(h)(1), and 19 CFR 351.221(b)(4).

    Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.

Appendix

List of Topics Discussed in the Preliminary Decision Memorandum

I. Summary

[[Page 48152]]

II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation

[FR Doc. 2024-12340 Filed 6-4-24; 8:45 am]
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