81 FR 36874 - Magnesium Metal From the People's Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 81, Issue 110 (June 8, 2016)
International Trade Administration
Federal Register Volume 81, Issue 110 (June 8, 2016)
| Page Range | 36874-36875 | |
| FR Document | 2016-13574 |
[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)] [Notices] [Pages 36874-36875] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13574] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-896] Magnesium Metal From the People's Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (``Department'') finds that revocation of the antidumping duty (``AD'') order on magnesium metal from the People's Republic of China would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the ``Final Results of Review'' section of this notice. DATES: Effective Date: June 8, 2016. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6386, respectively. SUPPLEMENTARY INFORMATION: Background On February 1, 2016, the Department published the notice of initiation of the second sunset review of the AD Order \1\ on magnesium metal from the People's Republic of China (``PRC''), pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ On February 16, 2016, US Magnesium LLC (``Petitioner'') notified the Department of its intent to participate within the 15-day period specified in section 351.218(d)(1)(i) of the Department's regulations. The domestic interested party claimed interested-party status under section 771(9)(C) of the Act as a [[Page 36875]] manufacturer of a domestic like product in the United States. --------------------------------------------------------------------------- \1\ See Notice of Antidumping Duty Order: Magnesium Metal From the People's Republic of China, 70 FR 19928 (April 15, 2005) (``Order''). \2\ See Initiation of Five-Year (``Sunset'') Review, 82 FR 5418 (February 2, 2016) (``Initiation Notice''). --------------------------------------------------------------------------- On March 3, 2016, the Department received a complete substantive response to the Initiation Notice, with respect to the Order, from Petitioner within the 30-day period specified in 19 CFR 351.218(d)(3)(i).\3\ The Department received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has conducted an expedited (120-day) sunset review of the antidumping duty order on certain magnesium metal from the PRC. --------------------------------------------------------------------------- \3\ See Submissions from Petitioner to the Department, ``Five- Year (``Sunset'') Review Of The Antidumping Duty Order On Magnesium Metal From The People's Republic of China: US Magnesium's Substantive Response To The Notice Of Initiation,'' (``Substantive Response'') dated March 3, 2016. --------------------------------------------------------------------------- Scope of the Order The merchandise covered by the order is magnesium metal from the PRC, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-backed scrap into magnesium metal. The magnesium covered by this investigation includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes, magnesium ground, chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ``ASTM Specification for Magnesium Alloy'' \4\ and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ``alloy'' magnesium). --------------------------------------------------------------------------- \4\ The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. --------------------------------------------------------------------------- The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of 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'' \5\; (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.\6\ --------------------------------------------------------------------------- \5\ The material is already covered by existing antidumping orders. 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); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People's Republic of China, 66 FR 57936 (November 19, 2001). \6\ This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000-2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form From the People's Republic of China, 66 FR 49345 (September 27, 2001); Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium From the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. --------------------------------------------------------------------------- The merchandise subject to this order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (``HTSUS''). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.\7\ The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the order were revoked. 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 http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. --------------------------------------------------------------------------- \7\ See the Department's memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ``Issues and Decision Memorandum for the Final Result of Expedited Second Sunset Reviews of the Antidumping Duty Orders on Certain Magnesium Metal From the People's Republic of China,'' dated concurrently with this notice. --------------------------------------------------------------------------- Final Results of the Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the antidumping duty order on magnesium metal from the PRC would likely to lead to a continuation or recurrence of dumping, and that the magnitude of the dumping margin likely to prevail would be weighted-average margins up to 141.49 percent. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (``APO'') of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016-13574 Filed 6-7-16; 8:45 am] BILLING CODE 3510-DS-P
![36874 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices
U.S. Department of Commerce, 14th Cash Deposit Requirements We are issuing and publishing these
Street and Constitution Avenue NW., results in accordance with sections
Washington, DC 20230; telephone: (202) The following cash deposit 751(a)(1) and 777(i) of the Act.
482–6430. requirements will be effective upon
Dated: May 31, 2016.
SUPPLEMENTARY INFORMATION: publication of the final results of this
administrative review for all shipments Paul Piquado,
Background of the subject merchandise entered, or Assistant Secretary for Enforcement and
Compliance.
On March 11, 2016, the Department withdrawn from warehouse, for
consumption on or after the publication [FR Doc. 2016–13576 Filed 6–7–16; 8:45 am]
published the Preliminary Results of the
instant review, preliminarily finding date, as provided for by section BILLING CODE 3510–DS–P
Qingdao WenKem Co., Ltd. to be a part 751(a)(2)(C) of the Act: (1) The cash
of the PRC-wide entity.3 We invited deposit rate for Qingdao WenKem Co.,
interested parties to comment on the DEPARTMENT OF COMMERCE
Ltd., as part of the PRC-wide entity, will
Preliminary Results.4 We received no be the PRC-wide rate of 45.27 percent; International Trade Administration
comments from interested parties. (2) for previously investigated or
The Department conducted this reviewed PRC and non-PRC exporters
review in accordance with section [A–570–896]
who are not under review in this
751(a)(1)(B) of the Tariff Act of 1930, as segment of the proceeding but who have
amended (‘‘the Act’’). Magnesium Metal From the People’s
separate rates, the cash deposit rate will Republic of China: Final Results of
Scope of the Order continue to be the exporter-specific rate Expedited Second Sunset Review of
The merchandise covered by this published for the most recent period; (3) Antidumping Duty Order
order is furfuryl alcohol (C4H3OCH2OH). for all PRC exporters of subject
merchandise that have not been found AGENCY: Enforcement and Compliance,
Furfuryl alcohol is a primary alcohol, International Trade Administration,
and is colorless or pale yellow in to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate Department of Commerce.
appearance. It is used in the
manufacture of resins and as a wetting of 45.27 percent; and (4) for all non-PRC SUMMARY: As a result of this sunset
agent and solvent for coating resins, exporters of subject merchandise which review, the Department of Commerce
nitrocellulose, cellulose acetate, and have not received their own rate, the (‘‘Department’’) finds that revocation of
other soluble dyes. The product subject cash deposit rate will be the rate the antidumping duty (‘‘AD’’) order on
to this order is classifiable under applicable to the PRC exporter(s) that magnesium metal from the People’s
subheading 2932.13.00 of the supplied that non-PRC exporter. These Republic of China would be likely to
Harmonized Tariff Schedule of the deposit requirements, when imposed, lead to continuation or recurrence of
United States (‘‘HTSUS’’). Although the shall remain in effect until further dumping at the dumping margins
HTSUS subheading is provided for notice. identified in the ‘‘Final Results of
convenience and customs purposes, our Review’’ section of this notice.
Notification to Importers DATES: Effective Date: June 8, 2016.
written description of the scope is
dispositive. This notice also serves as a final FOR FURTHER INFORMATION CONTACT:
Final Results of Review reminder to importers of their Shanah Lee, AD/CVD Operations, Office
responsibility under 19 CFR III, Enforcement and Compliance,
As a result of our review, we International Trade Administration,
351.402(f)(2) to file a certificate
determine that the following dumping Department of Commerce, 1401
regarding the reimbursement off
margin on furfuryl alcohol from the PRC Constitution Avenue NW., Washington,
exists for Qingdao WenKem Co., Ltd., antidumping duties prior to liquidation
of the relevant entries during this DC 20230; telephone: (202) 482–6386,
determined to be a part of the PRC-wide respectively.
entity,5 for the period June 1, 2014, period. Failure to comply with this
through May 31, 2015: requirement could result in the SUPPLEMENTARY INFORMATION:
Secretary’s presumption that
reimbursement of antidumping duties Background
Weighted-average
Exporter dumping margin occurred and the subsequent assessment On February 1, 2016, the Department
(percent) of double antidumping duties. published the notice of initiation of the
second sunset review of the AD Order 1
PRC-Wide Entity ........... 45.27 Notification to Interested Parties
on magnesium metal from the People’s
This notice also serves as a reminder Republic of China (‘‘PRC’’), pursuant to
Assessment Rates
to parties subject to administrative section 751(c) of the Tariff Act of 1930,
We will instruct U.S. Customs and protective orders (‘‘APO’’) of their as amended (‘‘the Act’’).2 On February
Border Protection (‘‘CBP’’) to apply an responsibility concerning the return or 16, 2016, US Magnesium LLC
ad valorem assessment rate of 45.27 (‘‘Petitioner’’) notified the Department
destruction of proprietary information
percent to all entries of subject of its intent to participate within the 15-
disclosed under APO in accordance
merchandise during the POR which day period specified in section
with 19 CFR 351.305(a)(3), which
were produced and/or exported by 351.218(d)(1)(i) of the Department’s
continues to govern business
Qingdao WenKem Co., Ltd. The regulations. The domestic interested
proprietary information in this segment
mstockstill on DSK3G9T082PROD with NOTICES
Department intends to issue assessment party claimed interested-party status
instructions to CBP 15 days after the of the proceeding. Timely written
notification of the return/destruction of under section 771(9)(C) of the Act as a
date of publication of these final results
of review. APO materials, or conversion to judicial
1 See Notice of Antidumping Duty Order:
protective order, is hereby requested.
Magnesium Metal From the People’s Republic of
3 See Preliminary Results, at 12877. Failure to comply with the regulations China, 70 FR 19928 (April 15, 2005) (‘‘Order’’).
4 Id. and the terms of an APO is a 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82
5 Id. sanctionable violation. FR 5418 (February 2, 2016) (‘‘Initiation Notice’’).
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![Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices 36875
manufacturer of a domestic like product and other material(s) in which the pure discussed in the Issues and Decision
in the United States. magnesium content is 50 percent or Memorandum include the likelihood of
On March 3, 2016, the Department greater, but less than 99.8 percent, by continuation or recurrence of dumping
received a complete substantive weight, that do not conform to an and the magnitude of the margins of
response to the Initiation Notice, with ‘‘ASTM Specification for Magnesium dumping likely to prevail if the order
respect to the Order, from Petitioner Alloy’’ 5; (2) magnesium that is in liquid were revoked. The Issues and Decision
within the 30-day period specified in 19 or molten form; and (3) mixtures Memorandum is a public document and
CFR 351.218(d)(3)(i).3 The Department containing 90 percent or less is on file electronically via Enforcement
received no substantive responses from magnesium in granular or powder form and Compliance’s Antidumping and
respondent interested parties. As a by weight and one or more of certain Countervailing Duty Centralized
result, pursuant to section 751(c)(3)(B) non-magnesium granular materials to Electronic Service System (‘‘ACCESS’’).
of the Act and 19 CFR make magnesium-based reagent ACCESS is available to registered users
351.218(e)(1)(ii)(C)(2), the Department mixtures, including lime, calcium at http://access.trade.gov and to all
has conducted an expedited (120-day) metal, calcium including lime, calcium parties in the Central Records Unit,
sunset review of the antidumping duty metal, calcium silicon, calcium carbide, room B8024 of the main Department of
order on certain magnesium metal from calcium carbonate, carbon, slag Commerce building. In addition, a
the PRC. coagulants, fluorspar, nephaline syenite, complete version of the Issues and
Scope of the Order feldspar, alumina (Al203), calcium Decision Memorandum can be accessed
aluminate, soda ash, hydrocarbons, at http://enforcement.trade.gov/frn/.
The merchandise covered by the order graphite, coke, silicon, rare earth
is magnesium metal from the PRC, The signed Issues and Decision
metals/mischmetal, cryolite, silica/fly Memorandum and the electronic
which includes primary and secondary ash, magnesium oxide, periclase,
alloy magnesium metal, regardless of version of the Issues and Decision
ferroalloys, dolomite lime, and Memorandum are identical in content.
chemistry, raw material source, form, colemanite.6
shape, or size. Magnesium is a metal or The merchandise subject to this order Final Results of the Sunset Review
alloy containing by weight primarily the is classifiable under items 8104.19.00,
element magnesium. Primary and 8104.30.00 of the Harmonized Tariff Pursuant to sections 751(c)(1) and
magnesium is produced by Schedule of the United States 752(c)(1) and (3) of the Act, the
decomposing raw materials into (‘‘HTSUS’’). Although the HTSUS items Department determines that revocation
magnesium metal. Secondary are provided for convenience and of the antidumping duty order on
magnesium is produced by recycling customs purposes, the written magnesium metal from the PRC would
magnesium-backed scrap into description of the merchandise is likely to lead to a continuation or
magnesium metal. The magnesium recurrence of dumping, and that the
dispositive.
covered by this investigation includes magnitude of the dumping margin likely
blends of primary and secondary Analysis of Comments Received to prevail would be weighted-average
magnesium. A complete discussion of all issues margins up to 141.49 percent.
The subject merchandise includes the raised in this sunset review is provided
following alloy magnesium metal in the accompanying Issues and Notification Regarding Administrative
products made from primary and/or Decision Memorandum, which is hereby Protective Orders
secondary magnesium including, adopted by this notice.7 The issues
without limitation, magnesium cast into This notice also serves as the only
ingots, slabs, rounds, billets, and other 5 The
reminder to parties subject to
material is already covered by existing
shapes, magnesium ground, chipped, antidumping orders. See Notice of Antidumping administrative protective orders
crushed, or machined into raspings, Duty Orders: Pure Magnesium From the People’s (‘‘APO’’) of their responsibility
granules, turnings, chips, powder, Republic of China, the Russian Federation and concerning the return or destruction of
Ukraine; Notice of Amended Final Determination of proprietary information disclosed under
briquettes, and other shapes; and Sales at Less Than Fair Value: Antidumping Duty
products that contain 50 percent or Investigation of Pure Magnesium from the Russian APO in accordance with 19 CFR
greater, but less than 99.8 percent, Federation, 60 FR 25691 (May 12, 1995); and 351.305. Timely notification of the
magnesium, by weight, and that have Antidumping Duty Order: Pure Magnesium in return or destruction of APO materials
Granular Form from the People’s Republic of China,
been entered into the United States as 66 FR 57936 (November 19, 2001).
or conversion to judicial protective
conforming to an ‘‘ASTM Specification 6 This third exclusion for magnesium-based order is hereby requested. Failure to
for Magnesium Alloy’’ 4 and are thus reagent mixtures is based on the exclusion for comply with the regulations and terms
outside the scope of the existing reagent mixtures in the 2000–2001 investigations of of an APO is a violation which is subject
antidumping orders on magnesium from magnesium from China, Israel, and Russia. See to sanction.
Final Determination of Sales at Less Than Fair
the PRC (generally referred to as ‘‘alloy’’ Value: Pure Magnesium in Granular Form From the We are issuing and publishing the
magnesium). People’s Republic of China, 66 FR 49345 results and notice in accordance with
The scope of this order excludes: (1) (September 27, 2001); Final Determination of Sales
sections 751(c), 752(c), and 777(i)(1) of
All forms of pure magnesium, including at Less Than Fair Value: Pure Magnesium From
Israel, 66 FR 49349 (September 27, 2001); Final the Act and 19 CFR 351.218.
chemical combinations of magnesium Determination of Sales at Not Less Than Fair Value:
Pure Magnesium From the Russian Federation, 66 Dated: June 1, 2016.
3 See Submissions from Petitioner to the FR 49347 (September 27, 2001). These mixtures are Paul Piquado,
Department, ‘‘Five-Year (‘‘Sunset’’) Review Of The not magnesium alloys, because they are not
mstockstill on DSK3G9T082PROD with NOTICES
Antidumping Duty Order On Magnesium Metal combined in liquid form and cast into the same
Assistant Secretary for Enforcement and
From The People’s Republic of China: US ingot. Compliance.
Magnesium’s Substantive Response To The Notice 7 See the Department’s memorandum from [FR Doc. 2016–13574 Filed 6–7–16; 8:45 am]
Of Initiation,’’ (‘‘Substantive Response’’) dated Christian Marsh, Deputy Assistant Secretary for BILLING CODE 3510–DS–P
March 3, 2016. Antidumping and Countervailing Duty Operations,
4 The meaning of this term is the same as that to Paul Piquado, Assistant Secretary for
used by the American Society for Testing and Enforcement and Compliance, ‘‘Issues and Decision Orders on Certain Magnesium Metal From the
Materials in its Annual Book for ASTM Standards: Memorandum for the Final Result of Expedited People’s Republic of China,’’ dated concurrently
Volume 01.02 Aluminum and Magnesium Alloys. Second Sunset Reviews of the Antidumping Duty with this notice.
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Document Created: 2016-06-08 03:10:25
Document Modified: 2016-06-08 03:10:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Contact | Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6386, respectively. | |
| FR Citation | 81 FR 36874 |
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