Notice2021-24820
Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021
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Published
November 15, 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 pure magnesium from the People's Republic of China (China). The period of review (POR) is May 1, 2020, through April 30, 2021. Commerce preliminarily determines that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) (collectively, TMI/ 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 217 (Monday, November 15, 2021)</title>
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[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 62990-62992]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24820]
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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; 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 pure
magnesium from the People's Republic of China (China). The period of
review (POR) is May 1, 2020, through April 30, 2021. Commerce
preliminarily determines that Tianjin Magnesium International Co., Ltd.
(TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) (collectively, TMI/
TMM) did not have any shipments of subject merchandise during the POR.
We invite interested parties to comment on these preliminary results.
DATES: Applicable November 15, 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:
[[Page 62991]]
Background
On May 3, 2021, Commerce published in the Federal Register a notice
of opportunity to request an administrative review of the Order on pure
magnesium from China for the POR.\1\ On May 28, 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/TMM.\3\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review, 86 FR 23346 (May 3, 2021); see also 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).
\2\ See Petitioner's Letter, ``Pure Magnesium from the People's
Republic of China: Request for Administrative Review,'' dated May
28, 2021.
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 86 FR 35481 (July 6, 2021).
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Scope of the Order
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'' \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 (ATSM) 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.
Preliminary Determination of No Shipments
We received timely submissions from TMI/TMM certifying that they
did not have sales, shipments, or exports of subject merchandise to the
United States during the POR.\5\ On July 26, 2021, we requested the
U.S. Customs and Border Protection (CBP) data file of entries of
subject merchandise imported into the United States during the POR, and
exported by TMM/TMI.\6\ This query returned no entries during the
POR.\7\ Additionally, on August 3, 2021, Commerce submitted a no-
shipments inquiry to CBP with regard to TMI/TMM, to which CBP responded
that it found no shipments of subject merchandise by TMI/TMM during the
POR.\8\
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\5\ See TMI's Letter, ``Pure Magnesium from the People's
Republic of China; A-570-832; No Shipment Certification,'' dated
July 14, 2021; see also TMM's Letter, ``Pure Magnesium from the
People's Republic of China; A-570-832; No Shipment Certification,''
dated July 14, 2021.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Pure Magnesium from the People's Republic of China, 05/01/2020-04/
30/2021: Entry Data and No Shipment Inquiry,'' dated August 31, 2021
at Attachment 1.
\7\ Id. at Attachment 2.
\8\ Id. at Attachment 3.
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Accordingly, and consistent with our practice, we preliminarily
determine that TMI/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/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.\9\
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\9\ 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.\10\ 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.\11\ 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.\12\ Note that Commerce has temporarily modified certain
portions of its requirements for serving documents containing business
proprietary information, until further notice.\13\
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\10\ See 19 CFR 351.309(c)(1)(ii).
\11\ 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).
\12\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for
general filing requirements).
\13\ 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.\14\ 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
[[Page 62992]]
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.\15\
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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\14\ See 19 CFR 351.310(c).
\15\ 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.\16\ 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/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.\17\
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\16\ See 19 CFR 351.212(b)(1).
\17\ 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/TMM, which claimed no shipments, the cash deposit rate
will remain unchanged from the rate assigned to TMI/TMM in the most
recently completed review of the companies; (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 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, the cash deposit rate will be the China-
wide rate of 111.73 percent; \18\ 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.
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\18\ 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 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: November 8, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the
non-exclusive functions and duties of the Assistant Secretary for
Enforcement and Compliance.
[FR Doc. 2021-24820 Filed 11-12-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 15, 2021.
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