Notice2022-03662
Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021
Primary source
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Published
February 22, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) continues to find that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) (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, 2020, through April 30, 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 35 (Tuesday, February 22, 2022)</title>
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[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9575-9576]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03662]
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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; 2020-2021
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. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (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, 2020, through April 30, 2021.
DATES: Applicable February 22, 2022.
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.
SUPPLEMENTAL INFORMATION:
Background
On November 15, 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).
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\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Administrative Review; 2020-2021,
86 FR 62990 (November 15, 2021) (Preliminary Results).
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Scope of the Order \2\
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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 (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.
Final Determination of No Shipments
In the Preliminary Results, Commerce determined TMI/TMM had no
shipments of subject merchandise to the United States during the
POR.\4\ As noted in the Preliminary Results, we received no-shipment
statements from TMI/TMM,\5\ and the statements 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\ See Preliminary Results, 86 FR 62990.
\5\ See Preliminary Results, 86 FR 62990.
\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. On August 3, 2021, Commerce issued a no shipment inquiry to
U.S. Customs and Border Protection (CBP) with respect to TMI/TMM. On
August 4, 2021, CBP responded that it had no evidence of shipments
of magnesium metal from China exported by TMI/TMM during the POR.
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Assessment Rates
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 their 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 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 administrative review for all
shipments of the subject merchandise entered, or
[[Page 9576]]
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; \8\ 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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\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 doubled 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: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-03662 Filed 2-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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