Notice2024-12340
Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023
Primary source
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Published
June 5, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) preliminarily determines that the sole mandatory respondent under review sold pure magnesium from the People's Republic of China (China) at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023. Interested parties are invited to comment on these preliminary results.
Full Text
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<title>Federal Register, Volume 89 Issue 109 (Wednesday, June 5, 2024)</title>
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[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48149-48152]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-12340]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent under review sold pure
magnesium from the People's Republic of China (China) at less than
normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 5, 2024.
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
antidumping duty (AD) order on pure magnesium from China.\1\ On May 2,
[[Page 48150]]
2023, Commerce published in the Federal Register a notice of
opportunity to request administrative reviews of the Order.\2\ On July
12, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated an administrative review of
Order.\3\ The review covers Tianjin Magnesium International Co., Ltd.
(TMI) and Tianjin Magnesium Metal Co., Ltd. (MMC).\4\
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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). The
companion investigation involving alloy magnesium from China ended
as a result of the International Trade Commission's final negative
injury determination in that proceeding and, accordingly, an AD
order was issued only for imports of the pure magnesium product from
China.
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
\4\ In the 2011-2012 administrative review, Commerce collapsed
both TMI and MMC into a single entity. See Pure Magnesium from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 79 FR 94 (January 2, 2014), and
accompanying Issues and Decision Memorandum at footnote 1. Because
there is no information on the record of this administrative review
that would lead us to revisit this determination, we are continuing
to treat these companies as part of a single entity for the purposes
of this administrative review.
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On January 5, 2024, we extended the deadline for these preliminary
results, in accordance with section 751(a)(3)(A) of the Act, and 19 CFR
351.213(h)(2), until May 30, 2024.\5\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
5, 2024.
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For a complete description of the events that occurred since the
Initiation Notice and the analysis behind the preliminary results
herein, see the Preliminary Decision Memorandum.\6\ The Preliminary
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>. In addition, a complete
version of the Preliminary Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>. A list of
topics discussed in the Preliminary Decision Memorandum is included as
an appendix to this notice.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Pure Magnesium
from the People's Republic of China; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The product covered by the Order is pure magnesium from China. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate, i.e., 111.73 percent, is not
subject to change.\8\ Moreover, we preliminarily determine that MMC/TMI
is eligible for a separate rate and thus not part of the China-wide
entity.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\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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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for MMC/TMI in accordance with section 772(a) of the Act.
Because China is a non-market economy within the meaning of section
771(18) of the Act, we calculated NV in accordance with section 773(c)
of the Act. For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2022, through April 30,
2023:
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Weighted-average
Exporter dumping margin
(percent)
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Tianjin Magnesium International Co., Ltd./Tianjin 93.97
Magnesium Metal Co., Ltd.........................
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Verification
On October 16, 2023, US Magnesium LLC, the petitioner, requested
that Commerce conduct verification in this review of TMI/MMC.\9\
Accordingly, as provided in section 782(i)(3) of the Act, Commerce
intends to verify certain of the information that will be relied upon
for the final results of this review.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than
seven days after the date on which the last verification report is
issued in this administrative review. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\11\
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\9\ See Petitioner's Letter, ``Petitioner's Request for
Verification,'' dated October 16, 2023.
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the
[[Page 48151]]
issues and decision memorandum that will accompany the final results of
this administrative review. We request that interested parties include
footnotes for relevant citations in the public executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\14\ Requests should contain (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\15\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\16\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\17\ Where the respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\18\ Where an importer/customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. Where
either the respondent's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\19\ Commerce will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\16\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ Id.
\19\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\20\
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\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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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of ADs on
entries of merchandise covered by the final results of this review and
for future deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for MMC/TMI will be that rate established in the final results of
this review (except, if the rate is de minimis, then a cash deposit
rate of zero will be required); (2) for a previously investigated or
reviewed exporter of subject merchandise not listed in the final
results of review that has a separate rate, the cash deposit rate will
continue to be the exporter's existing cash deposit rate; (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 rate for
the China-wide entity (i.e., 111.73 percent); and (4) for all exporters
of subject merchandise that are not located in China and are not
eligible for a separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These cash 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
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.213(h)(1), and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
[[Page 48152]]
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2024-12340 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
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