Notice2025-01304
Pure Magnesium From the People's Republic of China: Amended 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
January 21, 2025
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The U.S. Department of Commerce (Commerce) is amending the final results of the administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (China). The period of review is May 1, 2022, through April 30, 2023.
Full Text
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<title>Federal Register, Volume 90 Issue 12 (Tuesday, January 21, 2025)</title>
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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7078-7080]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-01304]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Amended 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 amending the
final results of the administrative review of the antidumping duty
order on pure magnesium from the People's Republic of China (China).
The period of review is May 1, 2022, through April 30, 2023.
DATES: Applicable January 21, 2025.
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 December 13, 2024, Commerce published the Final Results of the
2022-2023 administrative review of pure magnesium from China.\1\ On
December 13, 2024, Commerce received a timely filed allegation of
ministerial errors from Tianjin Magnesium Metal Co., Ltd. (MMC)
concerning the Final Results.\2\ On December 16, 2024, we received
comments concerning a ministerial error in the final margin calculation
from US Magnesium LLC, (the petitioner).\3\ The review covers MMC and
its affiliate, Tianjin Magnesium International Co., Ltd. (TMI).\4\
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\1\ See Pure Magnesium From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review; 2022-2023,
89 FR 100967 (December 13, 2024) (Final Results), and accompanying
Issues and Decision Memorandum (IDM).
\2\ See MMC's Letter, ``Ministerial Error Allegations,'' dated
December 13, 2024 (MMC Ministerial Allegation).
\3\ See Petitioner's Letter, ``Petitioner's Submission of
Ministerial Error Comments,'' dated December 16, 2024 (Petitioner
Ministerial Allegation).
\4\ In the 2011-2012 administrative review, Commerce collapsed
both TMI and MMC into a single entity. See Final Results IDM at 2.
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Legal Framework
Section 751(h) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors
in addition, subtraction, or other arithmetic function, clerical errors
resulting from inaccurate copying, duplication, or the
[[Page 7079]]
like, and any other unintentional error which the administering
authority considers ministerial.'' With respect to final results of
administrative reviews, 19 CFR 351.224(e) provides that Commerce ``will
analyze any comments received and, if appropriate, correct any
ministerial error by amending . . . the final results of review . . .''
Ministerial Errors
Commerce reviewed the record, and we agree that the errors alleged
by MMC and the petitioner constitute ministerial errors within the
meaning of section 751(h) of the Act and 19 CFR 351.224(f).
Specifically, with regard to MMC's allegations, we find that we made
inadvertent errors relating to the calculation of transportation costs
for packing materials and for the calculation of revised brokerage and
handling expenses.\5\ We also agree with the petitioner that Commerce
should have multiplied the labor fields by their relevant surrogate
values.\6\ Pursuant to 19 CFR 351.224(e), Commerce is amending the
Final Results to reflect the correction of the ministerial errors, as
described in the Ministerial Error Memorandum.\7\ Based on the
corrections, MMC's final dumping margin has changed from 32.60 percent
to 25.26 percent. The amended estimated weighted-average dumping
margins are listed in the ``Amended Final Results of Review'' section
below. For a complete discussion of the ministerial error allegations,
as well as Commerce's analysis, see the accompanying Ministerial Error
Memorandum. The Ministerial Error Memorandum is on file electronically
via ACCESS. ACCESS is available to registered users at <a href="https://access.trade.gov">https://access.trade.gov</a>.
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\5\ See MMC Ministerial Allegation at 1-2.
\6\ See Petitioner Ministerial Allegation at 1-2.
\7\ See Memorandum, ``Analysis of Ministerial Error
Allegations,'' dated concurrently with this notice (Ministerial
Error Memorandum).
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Amended Final Results of Review
As a result of correcting the ministerial errors, Commerce
determines that the following weighted-average dumping margin exists
for the period May 1, 2022, through April 30, 2023:
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Weighted- average dumping
Exporter margin (percent)
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Tianjin Magnesium International Co., Ltd./ 25.26
Tianjin Magnesium Metal Co., Ltd.
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Disclosure
Commerce intends to disclose the calculations performed in
connection with these amended final results of review to interested
parties within five days after public announcement of the amended final
results or, if there is no public announcement, within five days of the
date of publication of the notice of amended final results in the
Federal Register, in accordance with 19 CFR 351.224(b).
Assessment Rate
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries of subject merchandise in accordance with these amended final
results of the administrative review.
For MMC/TMI, which have a final amended 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 (i.e., 111.73 percent).\8\
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\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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The amended final results of this review shall be the basis for the
assessment of antidumping duties on entries of merchandise covered by
the amended final results of this review and for future deposits of
estimated duties, where applicable.\9\
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\9\ See section 751(a)(2)(C) of the Act.
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Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the amended 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).
Cash Deposit Requirements
Upon publication of this notice in the Federal Register the
following cash deposit requirements will be effective for all shipments
of the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after December 13, 2024, the
publication date of the Final Results, as provided by section
751(a)(2)(C) of the Act: (1) the amended cash deposit rate for MMC/TMI
will be equal to the weighted-average dumping margin that is
established in the amended final results of this 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 published for the most recently completed
segment of this proceeding; (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; and
(4) for all non-Chinese exporters of subject merchandise that have not
received their own separate rate, the cash deposit 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.
Notification to Importers
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during the period of review. 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.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (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
the terms of an APO is a sanctionable violation.
Notification to Interested Parties
We are issuing and publishing this notice in accordance with
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).
Dated: January 13, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-01304 Filed 1-17-25; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on January 21, 2025.
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