82 FR 25771 - Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 106 (June 5, 2017)

On January 30, 2017, the Department of Commerce (Department) published in the Federal Register the preliminary results of the administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (PRC) covering the period May 1, 2015 through April 30, 2016. This review covers Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium Metal, Co., Ltd (TMM). The Department preliminarily found that TMI and TMM did not have reviewable entries during the period of review (POR). The Department gave interested parties an opportunity to comment on the Preliminary Results, but we received no comments. Hence, the final results are unchanged from the Preliminary Results, and we continue to find that TMI/TMM did not have reviewable entries during the period of review (POR).

[Federal Register Volume 82, Number 106 (Monday, June 5, 2017)]
[Notices]
[Pages 25771-25773]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11564]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2015-2016

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

[[Page 25772]]

SUMMARY: On January 30, 2017, the Department of Commerce (Department) 
published in the Federal Register the preliminary results of the 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (PRC) covering the period May 1, 
2015 through April 30, 2016. This review covers Tianjin Magnesium 
International, Co., Ltd. (TMI) and Tianjin Magnesium Metal, Co., Ltd 
(TMM). The Department preliminarily found that TMI and TMM did not have 
reviewable entries during the period of review (POR). The Department 
gave interested parties an opportunity to comment on the Preliminary 
Results, but we received no comments. Hence, the final results are 
unchanged from the Preliminary Results, and we continue to find that 
TMI/TMM did not have reviewable entries during the period of review 
(POR).

DATES: Effective June 5, 2017.

FOR FURTHER INFORMATION CONTACT: James Terpstra or Brendan Quinn, 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) 482-3965 or (202) 
482-5848, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On January 30, 2017, the Department published the Preliminary 
Results.\1\ We invited interested parties to comment on the Preliminary 
Results,\2\ but no comments were received.
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 8720 (January 30, 2017) (Preliminary Results).
    \2\ Id., 82 FR at 8721.
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    The Department conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).

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, the 
written description of the scope is dispositive.

Final Determination of No Shipments

    As noted above, the Department received no comments concerning the 
Preliminary Results on the record of this segment of the proceeding. As 
there are no changes from, or comments on, the Preliminary Results, the 
Department finds that there is no reason to modify its analysis. Thus, 
we continue to find that TMI/TMM \3\ had no shipments of the subject 
merchandise, and, therefore, no reviewable transactions, during the 
POR.\4\ Accordingly, no decision memorandum accompanies this Federal 
Register notice. For further details of the issues addressed in this 
proceeding, see the Preliminary Results.
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    \3\ In the 2011-2012 administrative review of the order, the 
Department determined TMM and TMI to be collapsed and treated as a 
single company for purposes of the proceeding and, because there 
were no changes to the facts which supported that decision since 
that determination was made, we continue to find that these 
companies are part of a single entity for this administrative 
review. See Pure Magnesium from the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2011-2012, 
79 FR 94 (January 2, 2014) and accompanying Issues and Decision 
Memorandum at Comment 5.
    \4\ See Preliminary Results, 82 FR at 8721.
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Assessment Rates

    The Department determined, and U.S. Customs and Border Protection 
(CBP) shall assess, antidumping duties on all appropriate entries of 
subject merchandise in accordance with section 751(a)(2)(C) of the Act 
and 19 CFR 351.212(b).\5\ The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of the final 
results of this review.
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    \5\ See 19 CFR 351.212(b).
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    Additionally, consistent with the Department's refinement to its 
assessment practice in non-market economy cases, because the Department 
determined that TMI/TMM had no shipments of subject merchandise during 
the POR, any suspended entries of subject merchandise during the POR 
from TMI/TMM will be liquidated at the PRC-wide rate.\6\
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    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, 
the cash deposit rate will remain unchanged from the rate assigned to 
TMI/TMM in the most recently completed review of the company; (2) for 
previously investigated or reviewed PRC and non-PRC exporters who are 
not under review in this segment of the proceeding but who have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC 
exporters of subject

[[Page 25773]]

merchandise that have not been found to be entitled to a separate rate, 
the cash deposit rate will be the PRC-wide rate of 111.73 percent; \7\ 
and (4) for all non-PRC exporters of subject merchandise which have not 
received their own rate, the cash deposit rate will be the rate 
applicable to the PRC exporter(s) that supplied that non-PRC exporter. 
These deposit requirements, when imposed, shall remain in effect until 
further notice.
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    \7\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010).
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Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Administrative Protective Order

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
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 sanctionable 
violation.
    We are issuing and publishing these final results and this notice 
in accordance with sections 751(a)(1) and 777(i) of the Act.

    Dated: May 30, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-11564 Filed 6-2-17; 8:45 am]
 BILLING CODE 3510-DS-P