Notice2024-29326
Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023
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
December 13, 2024
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is conducting an administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (China). We determine that Tianjin Magnesium Metal Co., Ltd. (MMC) and Tianjin Magnesium International Co., Ltd. (TMI) made sales at less than normal value (NV) during the period of review (POR) May 1, 2022, through April 30, 2023.
Full Text
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<title>Federal Register, Volume 89 Issue 240 (Friday, December 13, 2024)</title>
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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100967-100969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29326]
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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 Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on pure magnesium
from the People's Republic of China (China). We determine that Tianjin
Magnesium Metal Co., Ltd. (MMC) and Tianjin Magnesium International
Co., Ltd. (TMI) made sales at less than normal value (NV) during the
period of review (POR) May 1, 2022, through April 30, 2023.
DATES: Applicable December 13, 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 June 5, 2024, Commerce published the Preliminary Results in the
Federal Register and invited interested parties to comment.\1\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On September 24, 2024,
[[Page 100968]]
Commerce extended the final results by 25 days until November 14,
2024.\3\ On November 8, 2024, Commerce extended the final results by 22
days until December 6, 2024.\4\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\
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\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Administrative Review; 2022-2023,
89 FR 48149 (June 5, 2024) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 24, 2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 8, 2024.
\5\ See Memorandum, ``Issues and Decision Memorandum for Pure
Magnesium from the People's Republic of China; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
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Scope of the Order <SUP>6</SUP>
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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) (Order).
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The product covered by the Order is pure magnesium from China,
regardless of chemistry, form or size, unless expressly excluded from
the scope of the Order. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
The issues raised by MMC/TMI and the petitioner in their case and
rebuttal briefs are listed in the appendix to this notice and addressed
in the Issues and Decision Memorandum. 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>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at
<a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from the
interested parties, we made several changes to the Preliminary Results
margin calculation for MMC/TMI which resulted in a change to its
preliminary margin.
The China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\7\ As stated in the
Preliminary Results, because no party requested a review of the China-
wide entity, and Commerce did not self-initiate a review of the 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 determine that MMC/
TMI is eligible for a separate rate and thus not part of the China-wide
entity.\9\
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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, 65969-70 (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) (Pure Magnesium 2008-2009 Final); see also Preliminary
Results, 89 FR at 48150.
\9\ 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 fn 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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Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist 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 Magnesium 32.60
Metal Co., Ltd............................................
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Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with these final results of review. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of these final results 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).
For MMC/TMI, which have a final weighted-average dumping margin
that is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific assessment rates, in accordance with 19 CFR
351.212(b)(1). Pursuant to 19 CFR 351.212(b)(1), where the respondent
reported the entered value of its U.S. sales, we will calculate
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondent did not report entered value, we will calculate
importer-specific per-unit duty assessment rates based on the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total quantity of those sales. To determine whether an
importer-specific per-unit assessment rate is de minimis in accordance
with 19 CFR 351.106(c)(2), we will also calculate an importer-specific
ad valorem ratio based on estimated entered values.
Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by MMC/
TMI, we will instruction CBP to liquidate entries associated with those
sales at the rate for the China-wide entity.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for MMC/TMI, which has a separate
rate, the cash deposit rate will be the rate established in these final
results of review; (2) for previously investigated or reviewed Chinese
and non-Chinese exporters not listed above that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific 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 that for the
China-wide entity (i.e., 111.73 percent \10\); and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit
[[Page 100969]]
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ See Pure Magnesium 2008-2009 Final, 75 FR 80791.
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Notification to Importers
This notice serves as a final 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 doubled antidumping duties.
Administrative Protective Order (APO)
This notice also serves as a 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 notice is issued and published in accordance with sections
751(a) and 777(i) of the Act, and 19 CFR 351.213(h) and 19 CFR
351.221(b)(5).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether the Republic of T[uuml]rkiye is the
Appropriate Surrogate Country
Comment 2: Differential Pricing Analysis Should Not Apply
Comment 3: Ministerial Errors
VI. Recommendation
[FR Doc. 2024-29326 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on December 13, 2024.
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