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)

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, 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