81 FR 47351 - Magnesium Metal From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

Page Range		47351-47352
FR Document		2016-17206

As a result of the determinations by the Department of Commerce (``Department'') and the International Trade Commission (``ITC'') that revocation of the antidumping duty (``AD'') order on magnesium metal from the People's Republic of China (``PRC'') would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order.

Federal Register, Volume 81 Issue 140 (Thursday, July 21, 2016)

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47351-47352]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17206]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') order on 
magnesium metal from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the AD order.

DATES: Effective Date July 21, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2016, the Department published the notice of 
initiation of the second five-year (``sunset'') review of the AD Order 
\1\ on magnesium metal from the PRC, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act'').\2\ As a result of its 
review, the Department determined that revocation of the AD order would 
likely lead to a continuation or recurrence of dumping.\3\ The 
Department, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the AD order be revoked. On July 7, 2016, the 
ITC published notice of its determination, pursuant to section 751(c) 
of the Act, that revocation of the AD order on magnesium metal from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \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'').
    \3\ See Magnesium Metal From the People's Republic of China: 
Final Results of Expedited Second Sunset Review of Antidumping Duty 
Order, 81 FR 36874 (June 8, 2016).
    \4\ See Alloy Magnesium From China; Determination, 81 FR 44328 
(July 7, 2016).
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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'' \5\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \5\ 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.
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    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''; \6\ (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

[[Page 47352]]

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.\7\
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    \6\ 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).
    \7\ 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.
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    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.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
the Department hereby orders the continuation of the AD Order on 
magnesium metal from the PRC. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17206 Filed 7-20-16; 8:45 am]
 BILLING CODE 3510-DS-P

47352 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices

non-magnesium granular materials to Dated: July 14, 2016. Scope of the Investigation
make magnesium-based reagent Paul Piquado, The scope of the investigation covers
mixtures, including lime, calcium Assistant Secretary for Enforcement and HWR pipes and tubes of rectangular
metal, calcium including lime, calcium Compliance. (including square) cross section, having
metal, calcium silicon, calcium carbide, [FR Doc. 2016–17206 Filed 7–20–16; 8:45 am] a nominal wall thickness of not less
calcium carbonate, carbon, slag BILLING CODE 3510–DS–P than 4 mm. For a complete description
coagulants, fluorspar, nephaline syenite, of the scope of the investigation, see
feldspar, alumina (Al203), calcium Appendix I.
aluminate, soda ash, hydrocarbons, DEPARTMENT OF COMMERCE
graphite, coke, silicon, rare earth Analysis of Comments Received
metals/mischmetal, cryolite, silica/fly International Trade Administration All issues raised in the case and
ash, magnesium oxide, periclase, [A–201–847] rebuttal briefs by parties in this
ferroalloys, dolomite lime, and investigation are addressed in the Issues
colemanite.7 Heavy Walled Rectangular Welded and Decision Memorandum. A list of
The merchandise subject to this order Carbon Steel Pipes and Tubes From the issues raised is attached to this
is classifiable under items 8104.19.00, Mexico: Final Determination of Sales at notice as Appendix II. The Issues and
and 8104.30.00 of the Harmonized Tariff Less Than Fair Value Decision Memorandum is a public
Schedule of the United States document and is on file electronically
(‘‘HTSUS’’). Although the HTSUS items AGENCY: Enforcement and Compliance, via Enforcement and Compliance’s
are provided for convenience and International Trade Administration, Antidumping and Countervailing Duty
customs purposes, the written Department of Commerce. Centralized Electronic Service System
description of the merchandise is SUMMARY: The Department of Commerce (ACCESS). ACCESS is available to
dispositive. (the Department) determines that heavy registered users at https://
walled rectangular welded carbon steel access.trade.gov and it is available to all
Continuation of the Order pipes and tubes (HWR pipes and tubes) parties in the Central Records Unit,
As a result of the determinations by from Mexico are being, or are likely to room B–8024 of the main Department of
the Department and the ITC that be, sold in the United States at less than Commerce building. In addition, a
revocation of the AD order would likely fair value (LTFV), as provided in section complete version of the Issues and
lead to a continuation or recurrence of 735(a) of the Tariff Act of 1930, as Decision Memorandum can be accessed
dumping and material injury to an amended (the Act). The period of directly at http://enforcement.trade.gov/
industry in the United States, pursuant investigation (POI) is July 1, 2014, frn/index.html. The signed and
to section 751(d)(2) of the Act and 19 through June 30, 2015. The final electronic versions of the Issues and
CFR 351.218(a), the Department hereby dumping margins of sales at LTFV are Decision Memorandum are identical in
orders the continuation of the AD Order listed below in the ‘‘Final content.
on magnesium metal from the PRC. U.S. Determination’’ section of this notice.
Verification
Customs and Border Protection will DATES: Effective July 21, 2016.
continue to collect AD cash deposits at FOR FURTHER INFORMATION CONTACT:
As provided in section 782(i) of the
the rates in effect at the time of entry for Blaine Wiltse or David Crespo, AD/CVD Act, in February and March 2016, we
all imports of subject merchandise. Operations, Office II, Enforcement and conducted verification of the sales and
The effective date of the continuation Compliance, International Trade cost information submitted by
of the Order will be the date of Administration, U.S. Department of Maquilacero S.A. de C.V. (Maquilacero)
publication in the Federal Register of Commerce, 14th Street and Constitution and Productos Laminados de Monterrey
this notice of continuation. Pursuant to Avenue NW., Washington, DC 20230; S.A. de C.V. (Prolamsa) for use in our
section 751(c)(2) of the Act, the telephone: (202) 482–6345 or (202) 482– final determination. We used standard
Department intends to initiate the next 3693, respectively. verification procedures, including an
five-year review of the order not later examination of relevant accounting and
SUPPLEMENTARY INFORMATION:
than 30 days prior to the fifth production records, and original source
anniversary of the effective date of Background documents provided by Maquilacero
continuation. On March 1, 2016, the Department and Prolamsa.3
This five-year sunset review and this published the Preliminary
Mexico,’’ dated concurrently with this
notice are in accordance with section Determination.1 A summary of the memorandum (Issues and Decision Memorandum).
751(c) of the Act and published events that occurred since the 3 See Memorandum to the File from Blaine Wiltse

pursuant to section 777(i)(1) of the Act Department published the Preliminary and David Crespo, Senior Analysts, entitled,
and 19 CFR 351.218(f)(4). Determination, as well as a full ‘‘Verification of the Sales Response of Maquilacero
S.A. de C.V. in the Antidumping Duty Investigation
discussion of the issues raised by parties of Heavy Walled Rectangular Welded Carbon Steel
7 This third exclusion for magnesium-based for this final determination, may be Pipes and Tubes From Mexico,’’ dated April 15,
reagent mixtures is based on the exclusion for found in the Issues and Decision 2016; Memorandum to the File from Frederick W.
reagent mixtures in the 2000–2001 investigations of Memorandum, which is hereby adopted Mines, Accountant, and Robert B. Greger, Senior
magnesium from China, Israel, and Russia. See Accountant, entitled, ‘‘Verification of the Cost
Final Determination of Sales at Less Than Fair
by this notice.2 Response of Maquilacero S.A. de C.V. in the
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Value: Pure Magnesium in Granular Form From the Antidumping Duty Investigation of Heavy Walled
1 See Heavy Walled Rectangular Welded Carbon
People’s Republic of China, 66 FR 49345 Rectangular Welded Carbon Steel Pipe and Tube
(September 27, 2001); Final Determination of Sales Steel Pipes and Tubes From Mexico: Affirmative from Mexico,’’ dated May 11, 2016; Memorandum
at Less Than Fair Value: Pure Magnesium From Preliminary Determination of Sales at Less Than to the File from David Crespo, Senior Analyst, and
Israel, 66 FR 49349 (September 27, 2001); Final Fair Value, 81 FR 10587 (March 1, 2016) Manuel Rey, Analyst, entitled, ‘‘Verification of
Determination of Sales at Not Less Than Fair Value: (Preliminary Determination). Prolamsa USA in the 2014–2015 Antidumping Duty
Pure Magnesium From the Russian Federation, 66 2 See Memorandum to Paul Piquado, entitled, Investigation of Heavy Walled Rectangular Welded
FR 49347 (September 27, 2001). These mixtures are ‘‘Issues and Decision Memorandum for the Final Carbon Steel Pipes and Tubes From Mexico,’’ dated
not magnesium alloys, because they are not Affirmative Determination in the Less-Than-Fair- May 9, 2016; Memorandum to the File from David
combined in liquid form and cast into the same Value Investigation of Heavy Walled Rectangular Crespo and Blaine Wiltse, Senior Analysts, entitled,
ingot. Welded Carbon Steel Pipes and Tubes From ‘‘Verification of the Sales Response of Productos

VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1

Document Created: 2018-02-08 07:58:49
Document Modified: 2018-02-08 07:58:49

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
Dates		Effective Date July 21, 2016.
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.
FR Citation		81 FR 47351

81 FR 47351 - Magnesium Metal From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 81, Issue 140 (July 21, 2016)

DEPARTMENT OF COMMERCE
International Trade Administration