82_FR_9220 82 FR 9198 - Pure Magnesium From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order

82 FR 9198 - Pure Magnesium From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 82, Issue 22 (February 3, 2017)

Page Range9198-9199
FR Document2017-02348

As a result of this sunset review, the Department of Commerce (``Department'') finds that revocation of the antidumping duty (``AD'') order on pure magnesium 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.

Federal Register, Volume 82 Issue 22 (Friday, February 3, 2017) 
[Federal Register Volume 82, Number 22 (Friday, February 3, 2017)]
[Notices]
[Pages 9198-9199]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02348]


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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 Expedited Fourth Sunset Review of the 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 pure magnesium 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 February 3, 2017.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Enforcement and Compliance, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION: 

[[Page 9199]]

Background

    On October 3, 2016, the Department initiated the fourth sunset 
review of the antidumping duty order on pure magnesium from the PRC, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act'').\1\ On October 18, 2016, the Department received notice of 
intent to participate on behalf of US Magnesium LLC (``US Magnesium''), 
within the applicable deadline specified in 19 CFR 351.218(d)(1)(i).\2\ 
The domestic interested party claimed interested party status under 
section 771(9)(C) of the Act, as a manufacturer of pure magnesium in 
the United States. On November 2, 2016, the Department received a 
complete substantive response from the domestic interested party within 
the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\3\ We 
received no substantive response from a respondent interested party in 
this proceeding. As a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C), 
the Department conducted an expedited, 120-day, sunset review of this 
Order.
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 81 FR 67967 
(October 3, 2016); see also 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) (``Order'').
    \2\ See letter from US Magnesium, ``Five-Year (``Sunset'') 
Review of Antidumping Duty Order on Pure Magnesium from The People's 
Republic of China: US Magnesium's Notice of Intent to Participate in 
Sunset Review,'' dated October 18, 2016.
    \3\ See letter from US Magnesium, ``Five-Year (``Sunset'') 
Review of Antidumping Duty Order of Pure Magnesium from The People's 
Republic of China: US Magnesium's Response to the Notice of 
Initiation,'' dated November 2, 2016 (``U.S. Magnesium's Substantive 
Response'').
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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, the 
written description of the scope is dispositive.

Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum, which is hereby adopted by this 
notice.\4\ The issues discussed in the Issues and Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail if the Order was 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 https://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.
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    \4\ See Memorandum from Gary Taverman, Associate Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for 
Enforcement and Compliance, ``Issues and Decision Memorandum for the 
Final Results of the Expedited Fourth Sunset Review of the 
Antidumping Duty Order on Pure Magnesium from the People's Republic 
of China,'' dated concurrently with this notice (``Issues and 
Decision Memorandum.).
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Final Results of Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, we 
determine that revocation of the Order would likely lead to 
continuation or recurrence of dumping, and that the magnitude of the 
dumping margins likely to prevail is up to 108.26 percent.

Notification Regarding Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``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.
    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: January 31, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-02348 Filed 2-2-17; 8:45 am]
 BILLING CODE 3510-DS-P

9198 Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices date of publication of this notice in importer’s examined sales and the total The Department is issuing and accordance with 19 CFR 351.224(b). entered value of the sales in accordance publishing these results in accordance Interested parties may submit case with 19 CFR 351.212(b)(1). If SIW’s with sections 751(a)(1) and 777(i) of the briefs not later than seven days after we weighted-average dumping margin Act, and 19 CFR 351.213. issue the final verification report in this continues to be zero or de minimis in Dated: January 30, 2017. proceeding. Rebuttal briefs, limited to the final results of review, we will Ronald K. Lorentzen, issues raised in the case briefs, may be instruct CBP to liquidate the appropriate filed not later than five days after the Acting Assistant Secretary for Enforcement entries without regard to antidumping and Compliance. date for filing case briefs.3 Parties who duties.9 submit case briefs or rebuttal briefs in We intend to issue liquidation Appendix this proceeding are encouraged to instructions to CBP 15 days after List of Topics Discussed in the Preliminary submit with each argument: (1) A publication of the final results of this Decision Memorandum statement of the issue, (2) a brief review. Summary summary of the argument, and (3) a Cash Deposit Requirements Background table of authorities.4 Scope of the Order Interested parties who wish to request The following deposit requirements Discussion of the Methodology a hearing, must submit a written request will be effective upon publication of the Bona Fides Analysis to the Assistant Secretary for notice of final results of administrative Comparisons to Normal Value Enforcement and Compliance, filed review for all shipments of the subject A. Determination of Comparison Method electronically via ACCESS. An merchandise entered, or withdrawn B. Results of Differential Pricing Analysis electronically filed document must be from warehouse, for consumption on or C. Product Comparisons received successfully in its entirety by after the date of publication as provided Constructed Export Price by section 751(a)(2)(C) of the Act: (1) Normal Value the Department’s electronic records A. Home-Market Viability and Comparison system, ACCESS, by 5:00 p.m. Eastern The cash deposit rate for SIW will be Market Time within 30 days after the date of the rate established in the final results B. Level of Trade publication of this notice.5 Requests of this administrative review, except if C. Cost of Production Analysis should contain: (1) The party’s name, the rate is de minimis within the 1. Calculation of COP address and telephone number; (2) the meaning of 19 CFR 351.106(c)(1) (i.e., 2. Test of Comparison Market Sales Prices number of participants; and (3) a list of less than 0.50 percent), in which case 3. Results of the COP Test issues to be discussed. Issues raised in the cash deposit rate will be zero; (2) for D. Calculation of Normal Value Based on the hearing will be limited to those merchandise exported by manufacturers Comparison Market Prices Currency Conversion raised in the respective case briefs. If a or exporters not covered in this review Recommendation request for a hearing is made, the but covered in a prior segment of the Department intends to hold the hearing proceeding, the cash deposit rate will [FR Doc. 2017–02347 Filed 2–2–17; 8:45 am] at the U.S. Department of Commerce, continue to be the company-specific rate BILLING CODE 3510–DS–P 1401 Constitution Avenue NW., published for the most recently- Washington, DC 20230, at a time and completed segment; (3) if the exporter is date to be determined.6 Parties should not a firm covered in this review, a prior DEPARTMENT OF COMMERCE confirm by telephone the date, time, and review, or the original investigation, but International Trade Administration location of the hearing two days before the manufacturer is, the cash deposit the scheduled date. rate will be the rate established for the [A–570–832] The Department intends to issue the most recently-completed period for the final results of this administrative manufacturer of the merchandise; (4) Pure Magnesium From the People’s review, including the results of its the cash deposit rate for all other Republic of China: Final Results of analysis of the issues raised in any manufacturers or exporters will Expedited Fourth Sunset Review of the written briefs, not later than 120 days continue to be 12.91 percent, the all- Antidumping Duty Order after the date of publication of this others rate established in the less-than- AGENCY: Enforcement and Compliance, notice, unless the deadline is extended.7 fair-value investigation.10 These cash International Trade Administration, Assessment Rates deposit requirements, when imposed, Department of Commerce. shall remain in effect until further SUMMARY: As a result of this sunset Upon completion of the notice. administrative review, the Department review, the Department of Commerce shall determine and U.S. Customs and Notification to Importers (‘‘Department’’) finds that revocation of Border Protection (CBP) shall assess, the antidumping duty (‘‘AD’’) order on This notice also serves as a antidumping duties on all appropriate pure magnesium from the People’s preliminary reminder to importers of entries covered by this review.8 Republic of China would be likely to their responsibility under 19 CFR If SIW’s weighted-average dumping lead to continuation or recurrence of 351.402(f)(2) to file a certificate margin is above de minimis in the final dumping at the dumping margins regarding the reimbursement of results of this review, we will calculate identified in the ‘‘Final Results of antidumping duties prior to liquidation an importer-specific assessment rate on Review’’ section of this notice. of the relevant entries during this POR. the basis of the ratio of the total amount DATES: Effective February 3, 2017. asabaliauskas on DSK3SPTVN1PROD with NOTICES Failure to comply with this requirement of antidumping duties calculated for the could result in the Department’s FOR FURTHER INFORMATION CONTACT: presumption that reimbursement of Laurel LaCivita, AD/CVD Operations, 3 See 19 CFR 351.309(d). antidumping duties occurred and the Enforcement and Compliance, 4 See 19 CFR 351.309(c)(2) and (d)(2). 5 See 19 CFR 351.310(c). subsequent assessment of double International Trade Administration, 6 See 19 CFR 351.310(c). antidumping duties. U.S. Department of Commerce, 1401 7 See section 751(a)(3)(A) of the Act and 19 CFR Constitution Avenue NW., Washington, 351.213(h). 9 See 19 CFR 351.106(c)(2). DC 20230; telephone: (202) 482–4243. 8 See 19 CFR 351.212(b)(1). 10 See Order. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 17:26 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1

Federal Register / Vol. 82, No. 22 / Friday, February 3, 2017 / Notices 9199 Background (1) Products that contain at least Decision Memorandum include the 99.95% primary magnesium, by weight likelihood of continuation or recurrence On October 3, 2016, the Department (generally referred to as ‘‘ultra pure’’ of dumping and the magnitude of the initiated the fourth sunset review of the magnesium); margins likely to prevail if the Order antidumping duty order on pure (2) Products that contain less than was revoked. The Issues and Decision magnesium from the PRC, pursuant to 99.95% but not less than 99.8% primary Memorandum is a public document and section 751(c) of the Tariff Act of 1930, magnesium, by weight (generally is on file electronically via Enforcement as amended (‘‘the Act’’).1 On October referred to as ‘‘pure’’ magnesium); and and Compliance’s Antidumping and 18, 2016, the Department received (3) Products that contain 50% or Countervailing Duty Centralized notice of intent to participate on behalf greater, but less than 99.8% primary Electronic Service System (‘‘ACCESS’’). of US Magnesium LLC (‘‘US magnesium, by weight, and that do not ACCESS is available to registered users Magnesium’’), within the applicable conform to ASTM specifications for at https://access.trade.gov and to all deadline specified in 19 CFR alloy magnesium (generally referred to parties in the Central Records Unit, 351.218(d)(1)(i).2 The domestic as ‘‘off–specification pure’’ magnesium). Room B8024 of the main Department of interested party claimed interested party ‘‘Off–specification pure’’ magnesium Commerce building. In addition, a status under section 771(9)(C) of the is pure primary magnesium containing complete version of the Issues and Act, as a manufacturer of pure magnesium scrap, secondary Decision Memorandum can be accessed magnesium in the United States. On magnesium, oxidized magnesium or at http://enforcement.trade.gov/frn/. November 2, 2016, the Department impurities (whether or not intentionally The signed Issues and Decision received a complete substantive added) that cause the primary Memorandum and the electronic response from the domestic interested magnesium content to fall below 99.8% version of the Issues and Decision party within the 30-day deadline by weight. It generally does not contain, Memorandum are identical in content. specified in 19 CFR 351.218(d)(3)(i).3 individually or in combination, 1.5% or We received no substantive response more, by weight, of the following Final Results of Review from a respondent interested party in alloying elements: aluminum, Pursuant to sections 751(c)(1) and this proceeding. As a result, pursuant to manganese, zinc, silicon, thorium, 752(c)(1) and (3) of the Act, we 19 CFR 351.218(e)(1)(ii)(C), the zirconium and rare earths. determine that revocation of the Order Department conducted an expedited, Excluded from the scope of the order would likely lead to continuation or 120-day, sunset review of this Order. are alloy primary magnesium (that recurrence of dumping, and that the meets specifications for alloy magnitude of the dumping margins Scope of the Order magnesium), primary magnesium likely to prevail is up to 108.26 percent. Merchandise covered by the order is anodes, granular primary magnesium (including turnings, chips and powder) Notification Regarding Administrative pure magnesium regardless of Protective Order chemistry, form or size, unless expressly having a maximum physical dimension excluded from the scope of the order. (i.e., length or diameter) of one inch or This notice also serves as the only Pure magnesium is a metal or alloy less, secondary magnesium (which has reminder to parties subject to containing by weight primarily the pure primary magnesium content of less administrative protective order (‘‘APO’’) element magnesium and produced by than 50% by weight), and remelted of their responsibility concerning the decomposing raw materials into magnesium whose pure primary return or destruction of proprietary magnesium metal. Pure primary magnesium content is less than 50% by information disclosed under APO in magnesium is used primarily as a weight. accordance with 19 CFR 351.305. Pure magnesium products covered by Timely notification of the return or chemical in the aluminum alloying, the order are currently classifiable destruction of APO materials or desulfurization, and chemical reduction under Harmonized Tariff Schedule of conversion to judicial protective order is industries. In addition, pure magnesium the United States (‘‘HTSUS’’) hereby requested. Failure to comply is used as an input in producing subheadings 8104.11.00, 8104.19.00, with the regulations and terms of an magnesium alloy. Pure magnesium 8104.20.00, 8104.30.00, 8104.90.00, APO is a violation which is subject to encompasses products (including, but 3824.90.11, 3824.90.19 and 9817.00.90. sanction. not limited to, butt ends, stubs, crowns Although the HTSUS subheadings are This sunset review and notice are in and crystals) with the following primary provided for convenience and customs accordance with sections 751(c), 752, magnesium contents: purposes, the written description of the and 777(i)(1) of the Act. scope is dispositive. 1 See Initiation of Five-Year (‘‘Sunset’’) Review, 81 Dated: January 31, 2017. FR 67967 (October 3, 2016); see also Notice of Analysis of Comments Received Ronald K. Lorentzen, Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian All issues raised by parties to this Acting Assistant Secretary for Enforcement Federation and Ukraine; Notice of Amended Final sunset review are addressed in the and Compliance. Determination of Sales at Less Than Fair Value: Issues and Decision Memorandum, [FR Doc. 2017–02348 Filed 2–2–17; 8:45 am] Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, which is hereby adopted by this notice.4 BILLING CODE 3510–DS–P 1995) (‘‘Order’’). The issues discussed in the Issues and 2 See letter from US Magnesium, ‘‘Five-Year (‘‘Sunset’’) Review of Antidumping Duty Order on DEPARTMENT OF COMMERCE asabaliauskas on DSK3SPTVN1PROD with NOTICES 4 See Memorandum from Gary Taverman, Pure Magnesium from The People’s Republic of Associate Deputy Assistant Secretary for China: US Magnesium’s Notice of Intent to Antidumping and Countervailing Duty Operations, National Oceanic and Atmospheric Participate in Sunset Review,’’ dated October 18, to Ronald K. Lorentzen, Acting Assistant Secretary 2016. Administration for Enforcement and Compliance, ‘‘Issues and 3 See letter from US Magnesium, ‘‘Five-Year Decision Memorandum for the Final Results of the (‘‘Sunset’’) Review of Antidumping Duty Order of Expedited Fourth Sunset Review of the Submission for OMB Review; Pure Magnesium from The People’s Republic of Antidumping Duty Order on Pure Magnesium from Comment Request China: US Magnesium’s Response to the Notice of the People’s Republic of China,’’ dated concurrently Initiation,’’ dated November 2, 2016 (‘‘U.S. with this notice (‘‘Issues and Decision The Department of Commerce will Magnesium’s Substantive Response’’). Memorandum.). submit to the Office of Management and VerDate Sep<11>2014 17:26 Feb 02, 2017 Jkt 241001 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\03FEN1.SGM 03FEN1


Document Created: 2018-02-01 14:34:57
Document Modified: 2018-02-01 14:34:57
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 February 3, 2017.
ContactLaurel LaCivita, AD/CVD Operations, 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 9198 
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