Notice2023-20940
Pure Magnesium in Granular Form 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
September 27, 2023
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
As a result of the determinations by the U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on pure magnesium in granular form from the People's Republic of China (China) would likely lead to the 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 88 Issue 186 (Wednesday, September 27, 2023)</title>
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[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66376-66377]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-20940]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-864]
Pure Magnesium in Granular Form 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 U.S. Department of
Commerce (Commerce) and the U.S. International Trade Commission (ITC)
that revocation of the antidumping duty (AD) order on pure magnesium in
granular form from the People's Republic of China (China) would likely
lead to the 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 September 15, 2023.
FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2001, Commerce published in the Federal Register
the AD order on pure magnesium in granular form from China.\1\ On
February 1, 2023, the ITC instituted,\2\ and Commerce initiated,\3\ the
fourth 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
the continuation or recurrence of dumping, and therefore, notified the
ITC of the magnitude of the margins of dumping likely to prevail should
the Order be revoked.\4\
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\1\ See Antidumping Duty Order: Pure Magnesium in Granular Form
from the People's Republic of China, 66 FR 57936 (November 19, 2001)
(Order).
\2\ See Pure Granular Magnesium from China; Institution of a
Five-Year Review, 88 FR 6784 (February 1, 2023).
\3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700
(February 1, 2023).
\4\ See Pure Magnesium in Granular Form from the People's
Republic of China: Final Results of Expedited Fourth Sunset Review
of the Antidumping Duty Order, 88 FR 37014 (June 6, 2023), and
accompanying Issues and Decision Memorandum.
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On September 15, 2023, the ITC published its determination,
pursuant to section 751(c) 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.\5\
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\5\ See Pure Granular Magnesium from China, 88 FR 63616
(September 15, 2023) (ITC Final Determination).
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Scope of the Order
There is an existing AD order on pure magnesium from the People's
Republic of China.\6\ The scope of this order excludes pure magnesium
that is already covered by the existing order on pure magnesium in
ingot form, and currently classifiable under item numbers 8104.11.00
and 8104.19.00 of the Harmonized Tariff Schedule of the United States
(HTSUS).
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\6\ 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).
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The scope of this Order includes imports of pure magnesium
products, regardless of chemistry, including, without limitation,
raspings, granules, turnings, chips, powder, and briquettes, except as
noted above.
Pure magnesium includes: (1) products that contain at least 99.95
percent primary magnesium, by weight (generally referred to as ``ultra
pure'' magnesium); (2) products that contain less than 99.95 percent
but not less than 99.8 percent primary magnesium, by weight (generally
referred to as ``pure'' magnesium); (3) chemical combinations of pure
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\
(generally referred to as ``off specification pure'' magnesium); and
(4) physical mixtures of pure magnesium and other material(s) in which
the pure magnesium content is 50 percent or greater, but less than 99.8
percent, by weight. Excluded from this Order are mixtures containing 90
percent or less pure magnesium by weight and one or more of certain
non-magnesium granular materials to make magnesium-based reagent
mixtures. The non-magnesium granular materials of which Commerce is
aware used to make such excluded reagents are: lime, calcium metal,
calcium silicon, calcium carbide, calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina
(Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash,
magnesium oxide, periclase, ferroalloys, dolomitic lime, and
colemanite. A party importing a magnesium-based reagent which includes
one or more materials not on this list is required to seek a scope
clarification from Commerce before such a mixture may be imported free
of antidumping duties.
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\7\ The meaning of this term is the same as that used by the
American Society for Testing and Materials in its Annual Book of
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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The merchandise subject to this Order is currently classifiable
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of this Order 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, 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.
[[Page 66377]]
The effective date of the continuation of the Order will be
September 15, 2023.\8\ 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 not later than 30 days prior to fifth anniversary
of the date of the last determination by the ITC.
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\8\ See ITC Final Determination.
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Administrative Protective Order (APO)
This notice also serves as a final reminder to parties subject to
an APO of their responsibility concerning the return or destruction of
proprietary information disclosed under APO in accordance with 19 CFR
351.305(a)(3), which continues to govern business proprietary
information in this segment of the proceeding. Timely written
notification of the return or destruction of APO materials, or
conversion to judicial protective order, 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
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: September 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-20940 Filed 9-26-23; 8:45 am]
BILLING CODE 3510-DS-P
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