Notice2021-20009
Magnesium Metal From the People's Republic of China: Final Results of Expedited Third Sunset Review of the Antidumping Duty Order
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
September 16, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on magnesium metal from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the ``Final Results of Review'' section of this notice.
Full Text
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<title>Federal Register, Volume 86 Issue 177 (Thursday, September 16, 2021)</title>
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[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Notices]
[Pages 51654-51655]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-20009]
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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 Expedited Third Sunset Review of the Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of this expedited sunset review, the Department of
Commerce (Commerce) finds that revocation of the antidumping duty (AD)
order on magnesium metal from the People's Republic of China (China)
would be likely to lead to continuation or recurrence of dumping at the
levels indicated in the ``Final Results of Review'' section of this
notice.
DATES: Applicable September 16, 2021.
FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482-4521.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2021, Commerce published the notice of initiation of the
third sunset review of the AD Order \1\ on magnesium metal from China,
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ On June 7, 2021, Commerce received a notice of intent to
participate from US Magnesium LLC (US Magnesium), a domestic producer
of magnesium metal and the petitioner in the underlying investigation,
within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ US
Magnesium claimed domestic interested party status under section
[[Page 51655]]
771(9)(C) of the Act, as a manufacturer of a domestic like product in
the United States.\4\ On June 8, 2021, US Magnesium timely filed its
substantive response within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce received no substantive responses from
any other interested parties with respect to the Order covered by this
sunset review, nor was a hearing requested. On July 22, 2021, Commerce
notified the U.S. International Trade Commission that it did not
receive an adequate substantive response from respondent interested
parties.\6\ As a result, pursuant to section 751(c)(3)(B) of the Act
and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited
(120-day) sunset review of the Order.
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\1\ See Notice of Antidumping Duty Order: Magnesium Metal from
the People's Republic of China, 70 FR 19928 (April 15, 2005)
(Order).
\2\ See Initiation of Five-Year (Sunset) Review, 86 FR 29239
(June 1, 2021).
\3\ See Petitioner's Letter, ``Five-Year (``Sunset'') Review Of
Antidumping Duty Order On Magnesium Metal from the People's Republic
Of China: Domestic Interested Party Notice Of Intent To
Participate,'' dated June 7, 2021.
\4\ Id.
\5\ See Petitioner's Letter, ``Five-Year (``Sunset'') Review Of
Antidumping Duty Order On Magnesium Metal from the People's Republic
Of China: Domestic Industry Substantive Response,'' dated June 8,
2021.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on June 1,
2021,'' dated July 22, 2021.
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Scope of the Order
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. For a full
description of the scope, see the Issues and Decision Memorandum.\7\
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\7\ See Memorandum, ``Issues and Decision Memorandum for the
Final Result of Expedited Third Sunset Review of the Antidumping
Duty Order on Magnesium Metal from the People's Republic of China,''
dated concurrently with, and hereby adopted by, this notice.
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Analysis of Comments Received
All issues raised in this review are addressed in the Issues and
Decision Memorandum. The issues discussed in the Issues and Decision
Memorandum include the likelihood of continuation or recurrence of
dumping and the magnitude of the margins of dumping likely to prevail
if the Order were revoked. The Issues and 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
<a href="https://access.trade.gov">https://access.trade.gov</a>. A list of topics discussed in the Issues and
Decision Memorandum is included as an appendix to this notice. In
addition, a complete version of the Issues and Decision Memorandum can
be accessed directly at <a href="http://enforcement.trade.gov/frn/index.html">http://enforcement.trade.gov/frn/index.html</a>.
Final Results of Review
Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act,
Commerce determines that revocation of the Order would be likely to
lead to continuation or recurrence of dumping, and that the magnitude
of the dumping margins likely to prevail would be weighted-average
margins of up to 141.49 percent.
Administrative Protective Order
This notice serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a). Timely notification of the
destruction of APO materials or conversion to judicial protective
orders is hereby requested. Failure to comply with the regulations and
terms of an APO is a violation which is subject to sanction.
Notifications to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR
351.221(c)(5)(ii).
Dated: September 10, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
1. Likelihood of Continuation or Recurrence of Dumping
2. Magnitude of the Margins Likely To Prevail
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2021-20009 Filed 9-15-21; 8:45 am]
BILLING CODE 3510-DS-P
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