Notice2021-25770
Magnesium Metal From the People's Republic of China: Continuation of 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
November 26, 2021
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on magnesium metal from the People's Republic of China (China) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order.
Full Text
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<title>Federal Register, Volume 86 Issue 225 (Friday, November 26, 2021)</title>
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[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67439-67440]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25770]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Continuation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (Commerce) and the International Trade Commission (ITC) that
revocation of the antidumping duty (AD) order on magnesium metal from
the People's Republic of China (China) would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, Commerce is publishing a notice of
continuation of this AD order.
DATES: Applicable November 26, 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 15, 2005, Commerce published the AD order on magnesium
metal from China.\1\ On June 1, 2021, Commerce initiated,\2\ and the
ITC instituted,\3\ the third sunset review of the Order, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a
result of its review, Commerce determined that revocation of the Order
would likely lead to continuation or recurrence of dumping and,
therefore, notified the ITC of the magnitude of the margins likely to
prevail should the Order be revoked.\4\
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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 Magnesium from China; Institution of a Five-Year Review,
86 FR 29280 (June 1, 2021).
\4\ See Magnesium Metal from the People's Republic of China:
Final Results of the Expedited Third Sunset Review of the
Antidumping Duty Order, 86 FR 51654 (September 16, 2021).
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On November 17, 2021, the ITC published notice of its
determination, pursuant to section 751(c) of the Act, that revocation
of the Order would be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time.\5\
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\5\ See Alloy Magnesium from China, (Investigation No. 731-TA-
1071), 86 FR 64230, (November 17, 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
[[Page 67440]]
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'' \6\ 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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\6\ 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;'' \7\ (2) magnesium that is in
liquid or molten form; and (3) mixtures 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.\8\ 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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\7\ 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); and Antidumping Duty
Order: Pure Magnesium in Granular Form from the People's Republic of
China, 66 FR 57936 (November 19, 2001).
\8\ 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); and 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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Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to a continuation or
recurrence of dumping as well as material injury to an industry in the
United States, pursuant to section 751(d)(2) of the Act and 19 CFR
351.218(a), Commerce hereby orders the continuation of the Order. U.S.
Customs and Border Protection will continue to collect AD cash deposits
at the rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the Order will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR
351.218(c)(2), Commerce intends to initiate the next five-year review
of the Order no later than 30 days prior to the fifth anniversary of
the effective date of continuation.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction, or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
Notification to Interested Parties
This five-year sunset review and this notice are in accordance with
section 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).
Dated: November 19, 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. 2021-25770 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on November 26, 2021.
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