Notice2022-27689
Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2021-2022
Primary source
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Published
December 21, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that there were no shipments of merchandise subject to the antidumping duty (AD) order on magnesium metal from the People's Republic of China (China) during the period of review (POR), April 1, 2021, through March 31, 2022, from Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM). We invite interested parties to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 87 Issue 244 (Wednesday, December 21, 2022)</title>
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[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78049-78050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-27689]
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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; 2021-2022
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that there were no shipments of merchandise subject to the
antidumping duty (AD) order on magnesium metal from the People's
Republic of China (China) during the period of review (POR), April 1,
2021, through March 31, 2022, from Tianjin Magnesium International Co.,
Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM). We invite
interested parties to comment on these preliminary results.
DATES: Applicable December 21, 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 April 1, 2022, 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 April 15, 2022,
we received a timely request from US Magnesium LLC (the petitioner).\2\
On May 16, 2022, TMI and TMM, upon which the petitioner requested a
review, objected to the request on the basis that they had not sold
merchandise in the United States for more than ten years.\3\ On June 9,
2022, in response to the petitioner's request, we initiated an
administrative review of the Order with respect to TMI and TMM, in
accordance with section 751(a) of the Tariff Act of 1930, as amended
(the Act), and 19 CFR 351.221(c)(1)(i).\4\
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\1\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 87 FR 19075 (April 1,
2022); 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
15, 2022.
\3\ See TMI and TMM's Letter, ``Magnesium Metal from the
People's Republic of China; A-570-896; Objection to Request for
Review,'' dated May 16, 2022.
\4\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 87 FR 35165 (June 9, 2022).
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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'' \5\ 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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\5\ 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''; \6\ (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.\7\ 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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\6\ 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).
\7\ 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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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.\8\ On June 15, 2022, we requested
U.S. Customs and Border Protection (CBP) entry data of subject
merchandise imported into the United States during the POR, and
exported by TMM or TMI.\9\ This query returned no entries during the
POR.\10\ Additionally, on June 21, 2022, Commerce submitted a no-
shipments inquiry to CBP with regard to TMI and TMM, to which CBP did
not respond with any contrary information by the expiration of the 10-
day deadline on July 1, 2022.\11\
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\8\ See TMI's Letter, ``Magnesium Metal from the People's
Republic of China; A-570-896; No Shipment Certification,'' dated
June 13, 2022; see also TMM's Letter, ``Magnesium Metal from the
People's Republic of China; A-570-896; No Shipment Certification,''
dated June 13, 2022.
\9\ See Memorandum, ``Release of U.S. Customs and Border
Protection Data,'' dated July 5, 2022, at Attachment 1.
\10\ Id. at Attachment 2.
\11\ Id. at 1 and Attachment 3.
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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
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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.\12\
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\12\ 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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Disclosure and Public Comment
Because Commerce has not calculated weighted-average dumping
margins for these preliminary results, there are no calculations to
disclose to interested parties.
Interested parties are invited to comment on these preliminary
results of the review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested
parties may submit case briefs no later than 30 days after the date of
publication of this notice in the Federal Register. Rebuttal briefs,
limited to issues raised in the case briefs, may be filed no later than
seven days after the deadline for filing case briefs.\13\ Parties who
submit case briefs or rebuttal briefs in this proceeding are encouraged
to submit with each brief: (1) a statement of the issue; (2) a brief
summary of the argument; and (3) a table of authorities.\14\ Executive
summaries should be limited to five pages total, including
footnotes.\15\ Case and rebuttal briefs should be filed using
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS).\16\ Note that Commerce
has temporarily modified certain of its requirements for serving
documents containing business proprietary information, until further
notice.\17\
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\13\ See 19 CFR 351.309(d).
\14\ See 19 CFR 351.309(c)(2) and (d)(2).
\15\ Id.
\16\ See 19 CFR 351.303.
\17\ See Temporary Rule Modifying AD/CVD Service Requirements
Due to COVID-19; Extension of Effective Period, 85 FR 41363 (July
10, 2020).
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Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of the date of publication of this notice in the
Federal Register. Interested parties who wish to request a hearing must
submit a written request to the Assistant Secretary for Enforcement and
Compliance, filed electronically via ACCESS, by the deadline noted
above. If a hearing is requested, Commerce will notify interested
parties of the hearing date and time. Requests for a hearing should
contain: (1) the requesting party's name, address, and telephone
number; (2) the number of individuals from the requesting party's firm
that will attend the hearing; and (3) a list of issues the party
intends to discuss at the hearing. Issues raised in the hearing will be
limited to those raised in the respective case and rebuttal briefs.
Unless we extend the deadline for the final results of this review,
we intend to issue the final results of this administrative review,
including the results of our analysis of issues raised by the parties
in their briefs, within 120 days of the date of publication of this
notice in the Federal Register.\18\
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\18\ See section 751(a)(3)(A) of the Act; see also 19 CFR
351.213(h)(1).
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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.\19\ 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.\20\
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\19\ See 19 CFR 351.212(b)(1).
\20\ 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 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: December 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-27689 Filed 12-20-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 21, 2022.
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