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)

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, 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