Notice2023-11146
Pure Magnesium From the People's Republic of China: Continuation of Antidumping Duty Order
Primary source
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Published
May 25, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) have determined that revocation of the antidumping duty (AD) order on pure magnesium from the People's Republic of China would likely lead to continuation or recurrence of dumping and material injury to industry in the United States. Therefore, Commerce is publishing a notice of continuation of the AD order on pure magnesium from the People's Republic of China.
Full Text
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<title>Federal Register, Volume 88 Issue 101 (Thursday, May 25, 2023)</title>
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[Federal Register Volume 88, Number 101 (Thursday, May 25, 2023)]
[Notices]
[Pages 33862-33863]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11146]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Continuation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) and the U.S.
International Trade Commission (ITC) have determined that revocation of
the antidumping duty (AD) order on pure magnesium from the People's
Republic of China would likely lead to continuation or recurrence of
dumping and material injury to industry in the United States.
Therefore, Commerce is publishing a notice of continuation of the AD
order on pure magnesium from the People's Republic of China.
DATES: Applicable May 25, 2023.
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 May 12, 1995, Commerce published in the Federal Register the AD
order on pure magnesium from the People's Republic of China.\1\ On
March 1, 2022, Commerce published the notice of initiation of the
sunset review of the Order, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act).\2\ As a result of its review,
Commerce determined that revocation of the Order would likely lead to
continuation or recurrence of dumping. Therefore, Commerce notified the
ITC of the magnitude of the margins likely to prevail should the Order
be revoked, pursuant to sections 751(c)(1) and 752(c) of the Act.\3\ On
May 19, 2023, the ITC published its determination, pursuant to sections
751(c) and 752(a) of the Act, that revocation of the Order would likely
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time.\4\
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\1\ 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).
\2\ See Initiation of Five-Year (Sunset) Reviews, 87 FR 11416
(March 1, 2022).
\3\ See Pure Magnesium from the People's Republic of China:
Final Results of Expedited Fifth Sunset Review of the Antidumping
Duty Order, 87 FR 35732 (June 13, 2022), and accompanying Issues and
Decision Memorandum.
\4\ See Pure Magnesium from China, 88 FR 32246 (May 19, 2023).
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Scope of the Order
Merchandise covered by the Order is pure magnesium 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
[[Page 33863]]
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);
(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.
Continuation of the Order
As a result of the determinations by Commerce and the ITC that
revocation of the Order would likely lead to continuation or recurrence
of dumping and 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 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, Commerce intends to initiate
the next five-year review of the Order not 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
an administrative protective order (APO) of their responsibility
concerning the return or 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 with the
regulations and terms of an APO is a violation which may be subject to
sanctions.
Notification to Interested Parties
This five-year (sunset) review and this notice are in accordance
with sections 751(c) and 751(d)(2) of the Act, and published in
accordance with section 777(i) of the Act and 19 CFR 351.218(f)(4).
Dated: May 19, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-11146 Filed 5-24-23; 8:45 am]
BILLING CODE 3510-DS-P
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