Notice2021-16477
Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments; 2019-2020
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 3, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) continues to find that Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, Co., Ltd. (collectively TMI/TMM) had no shipments of subject merchandise covered by the antidumping duty order on pure magnesium from the People's Republic of China (China) for the period of review (POR) May 1, 2019, through April 30, 2020.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41829-41830]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16477]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Final Results
of Antidumping Duty Administrative Review, Final Determination of No
Shipments; 2019-2020
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) continues to find that
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal,
Co., Ltd. (collectively TMI/TMM) had no shipments of subject
merchandise covered by the antidumping duty order on pure magnesium
from the People's Republic of China (China) for the period of review
(POR) May 1, 2019, through April 30, 2020.
DATES: Applicable August 3, 2021.
FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.
SUPPLEMENTARY INFORMATION:
Background
On April 2, 2021, 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). The current deadline for these final
results is August 2, 2021.
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\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Administrative Review; 2019-20,
86 FR 17360 (April 2, 2021) (Preliminary Results).
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Scope of the Order <SUP>2</SUP>
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\2\ 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).
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The product covered by the Order is pure magnesium from China,
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).
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\3\ The meaning of this term is the same as that used by the
American Society for Testing and Materials (ASTM) in its Annual Book
for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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(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.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined TMI/TMM \4\ had no
shipments of subject merchandise to the
[[Page 41830]]
United States during the POR.\5\ As noted in the Preliminary Results,
we received no-shipment certifications from TMI/TMM, and the
certifications were consistent with the information we received from
U.S. Customs and Border Protection (CBP).\6\ Because Commerce did not
receive any comments on its preliminary finding, Commerce continues to
find that TMI/TMM did not have any shipments of subject merchandise
during the POR.
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\4\ In the 2011-2012 administrative review of the Order,
Commerce collapsed TMM and TMI, and treated the companies as a
single entity for purposes of the proceeding. Because there were no
changes to the facts which supported that decision since that
determination was made, we continue to treat these companies as part
of a single entity for this administrative review. 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 Comment
5.
\5\ See Preliminary Results.
\6\ On November 19, 2020, Commerce transmitted a ``no
shipments'' inquiry to CBP requesting that it provide any
information to the contrary should the information exist. On
November 24, 2020, CBP confirmed that no shipments related to TMI/
TMM were found. See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated March 1, 2021.
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Assessment Rates
We have not calculated any assessment rates in this administrative
review. Based on record evidence, we have determined that TMI/TMM had
no shipments of subject merchandise during the POR, and, therefore,
pursuant to Commerce's assessment practice, any suspended entries
entered under the companies' case number will be liquidated at the
China-wide entity rate.\7\
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\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Commerce intends to issue appropriate 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/TMM, 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, the cash deposit rate will be
the China-wide rate of 111.73 percent; \8\ 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 deposit
requirements, when imposed, shall remain in effect until further
notice.
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\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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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 double 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 terms 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: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-16477 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P
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