Notice2021-22240
Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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Published
October 13, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty (AD) order on magnesium metal from the People's Republic of China (China). The period of review (POR) is April 1, 2020, through March 31, 2021. Commerce preliminarily determines that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) did not have any shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 86 Issue 195 (Wednesday, October 13, 2021)</title>
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[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56892-56894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22240]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2020-2021
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting the
administrative review of the antidumping duty (AD) order on magnesium
metal from the People's Republic of China (China). The period of review
(POR) is April 1, 2020, through March 31, 2021. Commerce preliminarily
determines that Tianjin Magnesium International Co., Ltd. (TMI) and
Tianjin Magnesium Metal Co., Ltd. (TMM) did not have any shipments of
subject merchandise during the POR. We invite interested parties to
comment on these preliminary results.
DATES: Applicable October 13, 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 April 1, 2021, Commerce published in the Federal Register a
notice of opportunity to request an administrative review of the AD
order on magnesium metal from China for the POR.\1\ On June 11, 2021,
in response to a timely request from US Magnesium LLC (the
petitioner),\2\ and in accordance with section 751(a) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we
initiated an administrative review of the Order with respect to TMI and
TMM.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 17137 (April 1, 2021); see also Notice of Antidumping
Duty Order: Magnesium Metal from the People's Republic of China, 70
FR 19928 (April 15, 2005) (Order).
\2\ See Petitioner's Letter, ``Magnesium Metal from the People's
Republic of China/Request for Administrative Review,'' dated April
30, 2021.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 31282 (June 11, 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. Magnesium is a
metal or alloy containing by weight primarily the element magnesium.
Primary magnesium is produced by decomposing raw materials into
magnesium metal. Secondary magnesium is produced by recycling
magnesium-based scrap into magnesium metal. The magnesium covered by
the Order includes blends of primary and secondary magnesium.
The subject merchandise includes the following alloy magnesium
metal products made from primary and/or secondary magnesium including,
without limitation, magnesium cast into ingots, slabs, rounds, billets,
and other shapes; magnesium ground, chipped, crushed, or machined into
rasping, granules, turnings, chips, powder, briquettes, and other
shapes; and products that contain 50 percent or greater, but less than
99.8 percent, magnesium, by weight, and that have been entered into the
United States as conforming to an ``ASTM Specification for Magnesium
Alloy'' \4\ 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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\4\ The meaning of this term is the same as that used by the
American Society for Testing and Materials in its Annual Book for
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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The scope of the Order excludes: (1) All forms of pure magnesium,
including chemical combinations of magnesium and other material(s) in
which the pure magnesium content is 50 percent or greater, but less
than 99.8 percent, by weight, that do not conform to an ``ASTM
Specification for Magnesium Alloy''; \5\ (2) magnesium that is in
liquid or molten form; and (3) mixtures
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containing 90 percent or less magnesium in granular or powder form by
weight and one or more of certain non-magnesium granular materials to
make magnesium-based reagent mixtures, including lime, calcium metal,
calcium silicon, calcium carbide, calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203),
calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon,
rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium
oxide, periclase, ferroalloys, dolomite lime, and colemanite.\6\ The
merchandise subject to this Order is classifiable under items
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the
United States (HTSUS). Although the HTSUS items are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
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\5\ The material is already covered by existing antidumping
orders. 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); see also Antidumping
Duty Order: Pure Magnesium in Granular Form from the People's
Republic of China, 66 FR 57936 (November 19, 2001).
\6\ This third exclusion for magnesium-based reagent mixtures is
based on the exclusion for reagent mixtures in the 2000-2001
investigations of magnesium from China, Israel, and Russia. See
Final Determination of Sales at Less Than Fair Value: Pure Magnesium
in Granular Form from the People's Republic of China, 66 FR 49345
(September 27, 2001); see also Final Determination of Sales at Less
Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September
27, 2001); Final Determination of Sales at Not Less Than Fair Value:
Pure Magnesium from the Russian Federation, 66 FR 49347 (September
27, 2001). These mixtures are not magnesium alloys, because they are
not combined in liquid form and cast into the same ingot.
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Preliminary Determination of No Shipments
We received timely submissions from TMI and TMM certifying that
they did not have sales, shipments, or exports of subject merchandise
to the United States during the POR.\7\ On June 14, 2021, we requested
the U.S. Customs and Border Protection (CBP) entry data of subject
merchandise imported into the United States during the POR, and
exported by TMM and/or TMI.\8\ This query returned no entries during
the POR.\9\ Additionally, on June 23, 2021, Commerce submitted a no-
shipments inquiry to CBP with regard to TMI and TMM, to which CBP
responded that it found no shipments of subject merchandise by TMI and
TMM during the POR.\10\
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\7\ See TMI's Letter, ``Magnesium Metal from the People's
Republic of China; A-570-896; No Shipment Certification,'' dated
June 14, 2021; see also TMM's Letter, ``Magnesium Metal from the
People's Republic of China; A-570-896; No Shipment Certification,''
dated June 14, 2021.
\8\ See Memorandum, ``Antidumping Duty Administrative Review of
Magnesium Metal from the People's Republic of China, 04/01/2020--03/
31/2021: Entry Data and No Shipment Inquiry,'' dated July 14, 2021
at Attachment 1.
\9\ Id. at Attachment 2.
\10\ Id. at Attachment 3; see also ``Magnesium Metal from the
People's Republic of China; No Shipment Inquiry for Tianjin
Magnesium International Co., Ltd and Tianjin Magnesium Metal Co.,
Ltd. during the period 04/01/2020 through 03/31/2021,'' dated July
06, 2021.
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Accordingly, and consistent with our practice, we preliminarily
determine that TMI and TMM had no shipments and, therefore, no
reviewable entries during the POR. In addition, we find it is not
appropriate to rescind the review with respect to these companies, but
rather to complete the review with respect to TMI and TMM and issue
appropriate instructions to CBP based on the final results of the
review, consistent with our practice in non-market economy (NME)
cases.\11\
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\11\ See Glycine from the People's Republic of China: Final
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR
72567 (October 20, 2016), and the ``Assessment Rates'' section,
below.
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Public Comment
Interested parties are invited to comment on the preliminary
results and may submit case briefs and/or written comments, filed
electronically via Enforcement and Compliance's Antidumping Duty and
Countervailing Duty Centralized Electronic Service System (ACCESS),
within 30 days after the date of publication of these preliminary
results of review.\12\ ACCESS is available to registered users at
<a href="https://access.trade.gov">https://access.trade.gov</a>. Rebuttal briefs, limited to issues raised in
the case briefs, must be filed within seven days after the time limit
for filing case briefs.\13\ Parties who submit case or rebuttal briefs
in this proceeding are requested to submit with each argument a
statement of the issue, a brief summary of the argument, and a table of
authorities.\14\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\15\
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\12\ See 19 CFR 351.309(c)(1)(ii).
\13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
\14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\15\ See Temporary Rule.
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Interested parties who wish to request a hearing, or to participate
if one is requested, must submit a written request to Commerce within
30 days of the date of publication of this notice.\16\ Requests should
contain: (1) The party's name, address, the telephone number; (2) the
number of participants; and (3) a list of issues to be discussed.
Issues raised in the hearing will be limited to those raised in the
respective case and rebuttal briefs. If a request for a hearing is
made, parties will be notified of the time and date for the hearing to
be held.\17\ Commerce intends to issue the final results of this
administrative review, which will include the results of our analysis
of all issues raised in the case briefs, within 120 days of publication
of these preliminary results in the Federal Register, unless extended,
pursuant to section 751(a)(3)(A) of the Act.
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\16\ See 19 CFR 351.310(c).
\17\ See 19 CFR 310(d).
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Assessment Rates
Upon issuance of the final results of this review, Commerce will
determine, and CBP will assess, antidumping duties on all appropriate
entries covered by this review.\18\ Commerce intends to issue
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). Pursuant to Commerce's practice in NME cases, if we
continue to determine in the final results that TMI and TMM had no
shipments of subject merchandise, any suspended entries of subject
merchandise during the POR from these companies will be liquidated at
the China-wide rate.\19\
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\18\ See 19 CFR 351.212(b)(1).
\19\ 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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Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date of the
final results of review, as provided for by section 751(a)(2)(C) of the
Act: (1) For TMI, which claimed no shipments, the cash deposit rate
will remain unchanged from the rate assigned to TMI in the most
recently completed review of the company; (2) for previously
investigated or reviewed Chinese and non-Chinese exporters who are not
under review in this segment of the proceeding but who have separate
rates, the cash deposit rate will continue to be the exporter-specific
rate
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published for the most recent period; (3) for all Chinese exporters of
subject merchandise that have not been found to be entitled to a
separate rate (including TMM, which claimed no shipments, but has not
been found to be separate from China-wide entity), the cash deposit
rate will be China-wide rate of 141.49 percent; and (4) 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 Chinese
exporter(s) that supplied that non-Chinese exporter. These 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
These preliminary results of review are issued and published in
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR
351.221(b)(4).
Dated: October 6, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-22240 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on October 13, 2021.
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