Notice2026-17770
Pure Magnesium From the People's Republic of China: Notice of Court Decision Not in Harmony With the Final Results Antidumping Review; Notice of Amended Final Results
Primary source
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Published
September 1, 2026
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
On August 14, 2026, the U.S. Court of International Trade (the Court or CIT) issued its final judgment in Tianjin Magnesium International Co., Ltd., et al., v. United States, Court no. 25-00002, sustaining the U.S. Department of Commerce (Commerce)'s amended final remand redetermination concerning the electricity surrogate value selection covering the period May 1, 2022, through April 30, 2023, of the antidumping duty (AD) order on pure magnesium from China. Commerce is notifying the public that the CIT's final judgment is not in harmony with Commerce's final results in this AD review and is amending its final results with respect to the dumping margin assigned to Tianjin Magnesium International Co., Ltd.; Tianjin Magnesium Metal Co., Ltd. (collectively, MMC), the sole respondent individually examined in the underlying review.
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Notices]
[Pages 56126-56127]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17770]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Notice of
Court Decision Not in Harmony With the Final Results Antidumping
Review; Notice of Amended Final Results
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On August 14, 2026, the U.S. Court of International Trade (the
Court or CIT) issued its final judgment in Tianjin Magnesium
International Co., Ltd., et al., v. United States, Court no. 25-00002,
sustaining the U.S. Department of Commerce (Commerce)'s amended final
remand redetermination concerning the electricity surrogate value
selection covering the period May 1, 2022, through April 30, 2023, of
the antidumping duty (AD) order on pure magnesium from China.
Commerce is notifying the public that the CIT's final judgment is
not in harmony with Commerce's final results in this AD review and is
amending its final results with respect to the dumping margin assigned
to Tianjin Magnesium International Co., Ltd.; Tianjin Magnesium Metal
Co., Ltd. (collectively, MMC), the sole respondent individually
examined in the underlying review.
DATES: Applicable August 14, 2026.
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 January 21, 2025, Commerce published its Final Results in the AD
[[Page 56127]]
review of pure magnesium from China.\1\ Commerce calculated a weighted-
average dumping margin of 25.26 percent.\2\
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\1\ See Pure Magnesium from the People's Republic of China:
Amended Final Results of Antidumping Duty Administrative Review;
2022-2023, 90 FR 7078 (January 21, 2025) (Final Results).
\2\ Id.
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On March 13, 2026, the Court sustained, in part, and remanded, in
part, the Final Results.\3\ In its remand redetermination, issued on
June 10, 2026, Commerce reconsidered its surrogate value selection for
electricity and relied on the national average of industrial
electricity rates from the Turkish Statistical Institute.\4\ On April
11, 2026, MMC filed a motion for reconsideration of the Court's opinion
and order. On May 18, 2026, the defendant filed its response in
opposition to the motion. The Court denied MMC's motion for
reconsideration \5\ and sustained Commerce's final redetermination.\6\
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\3\ See Tianjin Magnesium International Co, Ltd., et al., v.
United States, Court No. 25-00002, Slip Op. 26-28 (CIT March 13,
2026) (TMI I).
\4\ See Final Results of Redetermination Pursuant to Court
Remand, Tianjin Magnesium International Co., v. United States, Court
No 25-00002, Slip Op. 26-28 (CIT March 13, 2026) (Remand Results),
at 1-2.
\5\ See Tianjin Magnesium International Co, Ltd., et al., v.
United States, Court No. 25-00002, Slip Op. 26-96 (CIT August 14,
2026) (Judgment).
\6\ See Judgment at 2.
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Timken Notice
In its decision in Timken,\7\ as clarified by Diamond Sawblades,\8\
the U.S. Court of Appeals for the Federal Circuit held that, pursuant
to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice of court decision that is not ``in
harmony'' with a Commerce determination and must suspend liquidation of
entries pending a ``conclusive'' court decision. The Court's August 14,
2026, judgment constitutes a final decision of the CIT that is not in
harmony with Commerce's Final Results. Thus, this notice is published
in fulfillment of the publication requirements of Timken.
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\7\ See Timken Co. v. United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken).
\8\ See Diamond Sawblades Manufacturers Coalition v. United
States, 626 F.3d 1374 (Fed. Cir. 2010) (Diamond Sawblades).
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Amended Final Determination
Because there is now a final court judgment, Commerce is amending
its Final Results with respect to MMC as follows:
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Final results weighted- Amended final results weighted-
Exporter or producer average dumping margin average dumping margin (percent)
(percent) \9\ \10\
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Tianjin Magnesium International Co., Ltd.; 25.26 23.96
Tianjin Magnesium Metal Co., Ltd.............
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Cash Deposit Requirements
Because MMC does not have a superseding cash deposit rate, i.e.,
there have not been final results published in a subsequent
administrative review, Commerce will issue revised cash deposit
instructions to U.S. Customs and Border Protection (CBP).
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\9\ See Final Results, 90 FR at 7079.
\10\ See Remand Results at 1-2.
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Liquidation of Suspended Entries
At this time, Commerce remains enjoined by CIT order from
liquidating entries that: (1) were exported by Tianjin Magnesium
International Co., Ltd. or Tianjin Magnesium Metal Co., Ltd.; (2) were
the subject of the Final Results; (3) were entered, or withdrawn from
warehouse, for consumption, during the period May 1, 2022, through
April 30, 2023. These entries will remain enjoined pursuant to the
terms of the injunction during the pendency of any appeals process.
In the event the Court's ruling is not appealed, or, if appealed,
upheld by a final and conclusive court decision, in accordance with 19
CFR 351.212(b), Commerce intends to instruct CBP to assess antidumping
duties on unliquidated entries of subject merchandise that: (1) were
exported by Tianjin Magnesium International Co., Ltd. or Tianjin
Magnesium Metal Co., Ltd.; (2) were the subject of the Final Results;
(3) were entered, or withdrawn from warehouse, for consumption, during
the period May 1, 2022, through April 30, 2023. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review when the importer-specific ad valorem assessment rate is not
zero or de minimis. Where an importer-specific ad valorem assessment
rate is zero or de minimis, we will instruct CBP to liquidate the
appropriate entries without regard to antidumping duties.\11\
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\11\ See 19 CFR 351.106(c)(2).
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Notification to Interested Parties
This notice is issued and published in accordance with sections
516A(c) and (e), and 777(i)(1) of the Act.
Dated: August 26, 2026.
Scot Fullerton,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations.
[FR Doc. 2026-17770 Filed 8-31-26; 8:45 am]
BILLING CODE 3510-DS-P
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