Notice2022-12707
Pure Magnesium From the People's Republic of China: Final Results of Expedited Fifth Sunset Review of the Antidumping Duty Order
Primary source
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Published
June 13, 2022
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 pure magnesium 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 87 Issue 113 (Monday, June 13, 2022)</title>
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Notices]
[Page 35732]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12707]
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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 Expedited Fifth 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 pure magnesium 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 June 13, 2022.
FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2022, Commerce published the notice of initiation of
the sunset review of the AD order on pure magnesium from China,\1\
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the
Act).\2\ On March 7, 2022, Commerce received a notice of intent to
participate from US Magnesium LLC (US Magnesium), a domestic interested
party, within the deadline specified in 19 CFR 351.218(d)(1)(i).\3\ US
Magnesium claimed domestic interested party status under section
771(9)(C) of the Act, as a manufacturer of domestic like product in the
United States.\4\ On March 21, 2022, US Magnesium submitted a timely
substantive response within the 30-day deadline specified in 19 CFR
351.218(d)(3)(i).\5\ Commerce did not receive a substantive response
from any other interested parties with respect to the Order covered by
this sunset review, nor was a hearing requested. On April 20, 2022,
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: 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 Initiation of Five-Year (Sunset) Review, 87 FR 11416
(March 1, 2022).
\3\ See US Magnesium's Letter, ``Five-Year (`Sunset') Review of
Antidumping Duty Order on Pure Magnesium from The People's Republic
of China: Notice of Intent to Participate in Sunset Review,'' dated
March 7, 2022.
\4\ Id. at 2.
\5\ See US Magnesium's Letter, ``Five-Year (`Sunset') Review of
Antidumping Duty Order on Pure Magnesium from The People's Republic
of China: Domestic Industry Substantive Response,'' dated March 21,
2022.
\6\ See Commerce's Letter, ``Sunset Reviews Initiated on March
1, 2022,'' dated April 20, 2022.
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Scope of the Order
The product covered by the Order is pure magnesium from China. 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 Results of Expedited Sunset Review of Pure Magnesium from the
People's Republic of China,'' dated concurrently with, and hereby
adopted by, this notice (Issues and Decision Memorandum).
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Analysis of Comments Received
All issues raised in this sunset review are addressed in the Issues
and Decision Memorandum, including the likelihood of continuation or
recurrence of dumping and the magnitude of the margins of dumping
likely to prevail if the Order were revoked. A list of topics discussed
in the Issues and Decision Memorandum is included as an appendix to
this notice. 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 complete version of the Issues and Decision
Memorandum can be accessed directly at <a href="https://access.trade.gov/public/FRNotices/ListLayout.aspx">https://access.trade.gov/public/FRNotices/ListLayout.aspx</a>. A list of the issues discussed in the
decision memorandum is attached as an appendix to this notice.
Final Results of Sunset Review
Pursuant to sections 751(c) and 752(c) 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 108.26 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.
Notification 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
351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).
Dated: June 7, 2022.
Lisa W. Wang,
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. 2022-12707 Filed 6-10-22; 8:45 am]
BILLING CODE 3510-DS-P
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