82_FR_18186 82 FR 18114 - Pure Magnesium From the People's Republic of China: Continuation of Antidumping Duty Order

82 FR 18114 - Pure Magnesium From the People's Republic of China: Continuation of Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18114-18114
FR Document2017-07698

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

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017) 
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Page 18114]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07698]



[[Page 18114]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium 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 (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
pure magnesium from the People's Republic of China (``PRC'') would be 
likely to lead to continuation or recurrence of dumping and of material 
injury to an industry in the United States, the Department is 
publishing this notice of continuation of the AD order.

DATES: Effective April 17, 2017.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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) 482-4243.

SUPPLEMENTARY INFORMATION: On October 3, 2016, the Department initiated 
the fourth sunset review of the AD order on pure magnesium from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``Act'').\1\
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 67967 
(October 3, 2016).
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    As a result of its review, the Department determined that 
revocation of the AD order on pure magnesium from the PRC would be 
likely to lead to a continuation or recurrence of dumping, and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked.\2\
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    \2\ See Pure Magnesium from the People's Republic of China: 
Final Results of Expedited Fourth Sunset Review of the Antidumping 
Duty Order, 82 FR 9198 (February 3, 2017).
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    On March 15, 2017, the ITC determined, pursuant to section 751(c) 
of the Act, that revocation of the existing AD order on pure magnesium 
from the PRC would be likely to lead to a continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\3\
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    \3\ See USITC Publication 4678 (March 2017), Pure Magnesium from 
China: Investigation No. 731-TA-696 (Fourth Review), and Pure 
Magnesium from China, 82 FR 17280 (April 10, 2017).
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Scope of the Order

    Merchandise covered by the order is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
the order. Pure magnesium is a metal or alloy containing by weight 
primarily the element magnesium and produced by decomposing raw 
materials into magnesium metal. Pure primary magnesium is used 
primarily as a chemical in the aluminum alloying, desulfurization, and 
chemical reduction industries. In addition, pure magnesium is used as 
an input in producing magnesium alloy. Pure magnesium encompasses 
products (including, but not limited to, butt ends, stubs, crowns and 
crystals) with the following primary magnesium contents:
    (1) Products that contain at least 99.95% primary magnesium, by 
weight (generally referred to as ``ultra pure'' magnesium);
    (2) Products that contain less than 99.95% but not less than 99.8% 
primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products that contain 50% or greater, but less than 99.8% 
primary magnesium, by weight, and that do not conform to ASTM 
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
    ``Off-specification pure'' magnesium is pure primary magnesium 
containing magnesium scrap, secondary magnesium, oxidized magnesium or 
impurities (whether or not intentionally added) that cause the primary 
magnesium content to fall below 99.8% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of the order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder) having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50% by weight), and remelted magnesium 
whose pure primary magnesium content is less than 50% by weight.
    Pure magnesium products covered by the order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope is dispositive.\4\
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    \4\ The Department has made three scope rulings regarding the 
subject merchandise. On November 9, 2006, the Department issued a 
scope ruling, finding that alloy magnesium extrusion billets 
produced in Canada by Timminco, Ltd. from pure magnesium of Chinese 
origin are not within the scope of order. See Memorandum regarding 
Final Ruling in the Scope Inquiry on Russian and Chinese Magnesium 
Processed in Canada, dated November 9, 2006. On December 4, 2006, 
the Department issued a scope ruling, finding that pure magnesium 
produced in France using pure magnesium from the PRC is within the 
scope of the order. See Memorandum regarding Final Ruling in the 
Scope Inquiry on Chinese Magnesium Processed in France, dated 
December 4, 2006. On July 16, 2015, the Department found that Dead 
Sea Magnesium Ltd.'s proprietary, patented magnesium alloys are 
covered by the scope of the Order. See Memorandum regarding Final 
Scope Ruling on Dead Sea Magnesium Ltd.'s Patented Magnesium Alloys, 
dated July 16, 2015.
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Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the AD order on pure magnesium would be likely to 
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, the Department hereby orders the continuation of the AD order on 
pure magnesium from the PRC. U.S. Customs and Border Protection will 
continue to collect 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.

    Dated: April 11, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-07698 Filed 4-14-17; 8:45 am]
 BILLING CODE 3510-DS-P

18114 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices DEPARTMENT OF COMMERCE Scope of the Order Although the HTSUS subheadings are Merchandise covered by the order is provided for convenience and customs International Trade Administration purposes, our written description of the pure magnesium regardless of chemistry, form or size, unless expressly scope is dispositive.4 [A–570–832] excluded from the scope of the order. Continuation of the Order Pure magnesium is a metal or alloy Pure Magnesium From the People’s containing by weight primarily the As a result of these determinations by Republic of China: Continuation of element magnesium and produced by the Department and the ITC that Antidumping Duty Order decomposing raw materials into revocation of the AD order on pure AGENCY: Enforcement and Compliance, magnesium metal. Pure primary magnesium would be likely to lead to a International Trade Administration, magnesium is used primarily as a continuation or recurrence of dumping, Department of Commerce. chemical in the aluminum alloying, and material injury to an industry in the SUMMARY: As a result of the desulfurization, and chemical reduction United States, pursuant to section determinations by the Department of industries. In addition, pure magnesium 751(d)(2) of the Act, the Department Commerce (the ‘‘Department’’) and the is used as an input in producing hereby orders the continuation of the International Trade Commission (the magnesium alloy. Pure magnesium AD order on pure magnesium from the ‘‘ITC’’) that revocation of the encompasses products (including, but PRC. U.S. Customs and Border antidumping duty (‘‘AD’’) order on pure not limited to, butt ends, stubs, crowns Protection will continue to collect cash magnesium from the People’s Republic and crystals) with the following primary deposits at the rates in effect at the time of China (‘‘PRC’’) would be likely to magnesium contents: (1) Products that contain at least of entry for all imports of subject lead to continuation or recurrence of merchandise. The effective date of the dumping and of material injury to an 99.95% primary magnesium, by weight (generally referred to as ‘‘ultra pure’’ continuation of the order will be the industry in the United States, the date of publication in the Federal Department is publishing this notice of magnesium); (2) Products that contain less than Register of this notice of continuation. continuation of the AD order. Pursuant to section 751(c)(2) of the Act, 99.95% but not less than 99.8% primary DATES: Effective April 17, 2017. magnesium, by weight (generally the Department intends to initiate the FOR FURTHER INFORMATION CONTACT: referred to as ‘‘pure’’ magnesium); and next five-year review of the order not Laurel LaCivita, AD/CVD Operations, (3) Products that contain 50% or later than 30 days prior to the fifth Office III, Enforcement and Compliance greater, but less than 99.8% primary anniversary of the effective date of International Trade Administration, magnesium, by weight, and that do not continuation. U.S. Department of Commerce, 1401 conform to ASTM specifications for This five-year (sunset) review and this Constitution Avenue NW., Washington, alloy magnesium (generally referred to notice are in accordance with section DC 20230; telephone: (202) 482–4243. as ‘‘off-specification pure’’ magnesium). 751(c) of the Act and published SUPPLEMENTARY INFORMATION: On ‘‘Off-specification pure’’ magnesium pursuant to section 777(i)(1) of the Act. October 3, 2016, the Department is pure primary magnesium containing initiated the fourth sunset review of the magnesium scrap, secondary Dated: April 11, 2017. AD order on pure magnesium from the magnesium, oxidized magnesium or Ronald K. Lorentzen, PRC pursuant to section 751(c) of the impurities (whether or not intentionally Acting Assistant Secretary for Enforcement Tariff Act of 1930, as amended (‘‘Act’’).1 added) that cause the primary and Compliance. As a result of its review, the magnesium content to fall below 99.8% [FR Doc. 2017–07698 Filed 4–14–17; 8:45 am] Department determined that revocation by weight. It generally does not contain, BILLING CODE 3510–DS–P of the AD order on pure magnesium individually or in combination, 1.5% or from the PRC would be likely to lead to more, by weight, of the following a continuation or recurrence of alloying elements: Aluminum, dumping, and, therefore, notified the manganese, zinc, silicon, thorium, ITC of the magnitude of the margins zirconium and rare earths. likely to prevail should the order be Excluded from the scope of the order revoked.2 are alloy primary magnesium (that 4 The Department has made three scope rulings meets specifications for alloy On March 15, 2017, the ITC regarding the subject merchandise. On November 9, magnesium), primary magnesium 2006, the Department issued a scope ruling, finding determined, pursuant to section 751(c) anodes, granular primary magnesium that alloy magnesium extrusion billets produced in of the Act, that revocation of the (including turnings, chips and powder) Canada by Timminco, Ltd. from pure magnesium of existing AD order on pure magnesium having a maximum physical dimension Chinese origin are not within the scope of order. from the PRC would be likely to lead to See Memorandum regarding Final Ruling in the (i.e., length or diameter) of one inch or a continuation or recurrence of material Scope Inquiry on Russian and Chinese Magnesium less, secondary magnesium (which has injury to an industry in the United Processed in Canada, dated November 9, 2006. On pure primary magnesium content of less States within a reasonably foreseeable December 4, 2006, the Department issued a scope than 50% by weight), and remelted ruling, finding that pure magnesium produced in time.3 magnesium whose pure primary France using pure magnesium from the PRC is 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 magnesium content is less than 50% by within the scope of the order. See Memorandum weight. regarding Final Ruling in the Scope Inquiry on mstockstill on DSK30JT082PROD with NOTICES FR 67967 (October 3, 2016). 2 See Pure Magnesium from the People’s Republic Pure magnesium products covered by Chinese Magnesium Processed in France, dated the order are currently classifiable December 4, 2006. On July 16, 2015, the of China: Final Results of Expedited Fourth Sunset Department found that Dead Sea Magnesium Ltd.’s Review of the Antidumping Duty Order, 82 FR 9198 under Harmonized Tariff Schedule of (February 3, 2017). proprietary, patented magnesium alloys are covered 3 See USITC Publication 4678 (March 2017), Pure the United States (‘‘HTSUS’’) by the scope of the Order. See Memorandum Magnesium from China: Investigation No. 731–TA– subheadings 8104.11.00, 8104.19.00, regarding Final Scope Ruling on Dead Sea 696 (Fourth Review), and Pure Magnesium from 8104.20.00, 8104.30.00, 8104.90.00, Magnesium Ltd.’s Patented Magnesium Alloys, China, 82 FR 17280 (April 10, 2017). 3824.90.11, 3824.90.19 and 9817.00.90. dated July 16, 2015. VerDate Sep<11>2014 17:14 Apr 14, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 E:\FR\FM\17APN1.SGM 17APN1


Document Created: 2018-08-25 11:28:01
Document Modified: 2018-08-25 11:28:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
DatesEffective April 17, 2017.
ContactLaurel LaCivita, 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) 482-4243.
FR Citation82 FR 18114 
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