83 FR 1017 - Pure Magnesium in Granular Form From the People's Republic of China: Final Results of Expedited Third Sunset Review of the Antidumping Duty Order
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 6 (January 9, 2018)
International Trade Administration
Federal Register Volume 83, Issue 6 (January 9, 2018)
| Page Range | 1017-1018 | |
| FR Document | 2018-00185 |
[Federal Register Volume 83, Number 6 (Tuesday, January 9, 2018)] [Notices] [Pages 1017-1018] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00185] [[Page 1017]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-864] Pure Magnesium in Granular Form From the People's Republic of China: Final Results of Expedited Third 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 (Commerce) finds that revocation of the antidumping duty (AD) order on pure magnesium in granular form from the People's Republic of China (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: Applicable January 9, 2018. FOR FURTHER INFORMATION CONTACT: Joseph Degreenia, 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) 482-6430. SUPPLEMENTARY INFORMATION: Background On September 6, 2017, Commerce published the notice of initiation of the third sunset review of the antidumping duty order \1\ on pure magnesium in granular form from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).\2\ On September 18, 2017, Commerce 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).\3\ US Magnesium claimed interested party status under section 771(9)(C) of the Act, as a manufacturer of pure magnesium in granular form in the United States.\4\ On October 2, 2017, Commerce received a complete substantive response from the domestic interested party within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).\5\ 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), Commerce conducted an expedited, 120- day, sunset review of this Order. --------------------------------------------------------------------------- \1\ See Antidumping Duty Order: Pure Magnesium in Granular Form from the People's Republic of China, 66 FR 57936 (November 19, 2001) (Order). \2\ See Initiation of Five-Year (``Sunset'') Review, 82 FR 42073 (September 6, 2017). \3\ See letter from US Magnesium, ``Third Five-Year (``Sunset'') Review of Antidumping Duty Order On Pure Magnesium in Granular Form From The People's Republic Of China/US Magnesium's Notice Of Intent To Participate,'' dated September 18, 2017. \4\ Id. \5\ See letter from US Magnesium, ``Third Five-year (``Sunset'') Review of the Antidumping Duty Order on Pure Magnesium in Granular Form from the People's Republic of China/Response of US Magnesium LLC to the Notice of Initiation,'' dated October 2, 2017 (US Magnesium's Substantive Response). --------------------------------------------------------------------------- Scope of the Order There is an existing antidumping duty order on pure magnesium from the People's Republic of China.\6\ The scope of this Order excludes pure magnesium that is already covered by the existing Order on pure magnesium in ingot form, and currently classifiable under item numbers 8104.11.00 and 8104.19.00 of the Harmonized Tariff Schedule of the United States (HTSUS). --------------------------------------------------------------------------- \6\ 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). --------------------------------------------------------------------------- The scope of this order includes imports of pure magnesium products, regardless of chemistry, including, without limitation, raspings, granules, turnings, chips, powder, and briquettes, except as noted above. Pure magnesium includes: (1) Products that contain at least 99.95 percent primary magnesium, by weight (generally referred to as ``ultra pure'' magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent primary magnesium, by weight (generally referred to as ``pure'' magnesium); (3) chemical combinations of pure 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'' \7\ (generally referred to as ``off specification pure'' magnesium); and (4) physical mixtures of pure magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight. Excluded from this Order are mixtures containing 90 percent or less pure magnesium by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures. The non-magnesium granular materials of which Commerce is aware used to make such excluded reagents are: Lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina (Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomitic lime, and colemanite. A party importing a magnesium-based reagent which includes one or more materials not on this list is required to seek a scope clarification from Commerce before such a mixture may be imported free of antidumping duties. --------------------------------------------------------------------------- \7\ The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book of ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. --------------------------------------------------------------------------- The merchandise subject to this Order is currently classifiable under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this Order is dispositive. Analysis of Comments Received All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice.\8\ 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. --------------------------------------------------------------------------- \8\ See Commerce's memorandum, ``Issues and Decision Memorandum for the Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order on Pure Magnesium in Granular Form from the People's Republic of China,'' dated concurrently with this notice (Issues and Decision Memorandum). --------------------------------------------------------------------------- Final Results of Review Pursuant to section 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the AD Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be [[Page 1018]] weighted-average dumping margins up to 305.56 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 3, 2018. Christian Marsh, Deputy Assistant Secretary for Enforcement and Compliance. [FR Doc. 2018-00185 Filed 1-8-18; 8:45 am] BILLING CODE 3510-DS-P
![Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices 1017
DEPARTMENT OF COMMERCE 351.218(d)(3)(i).5 We received no such excluded reagents are: Lime,
substantive response from a respondent calcium metal, calcium silicon, calcium
International Trade Administration interested party in this proceeding. As carbide, calcium carbonate, carbon, slag
[A–570–864] a result, pursuant to 19 CFR coagulants, fluorspar, nephaline syenite,
351.218(e)(1)(ii)(C), Commerce feldspar, aluminum, alumina (Al2O3),
Pure Magnesium in Granular Form conducted an expedited, 120-day, calcium aluminate, soda ash,
From the People’s Republic of China: sunset review of this Order. hydrocarbons, graphite, coke, silicon,
Final Results of Expedited Third rare earth metals/mischmetal, cryolite,
Scope of the Order
Sunset Review of the Antidumping silica/fly ash, magnesium oxide,
Duty Order There is an existing antidumping duty periclase, ferroalloys, dolomitic lime,
order on pure magnesium from the and colemanite. A party importing a
AGENCY: Enforcement and Compliance, People’s Republic of China.6 The scope magnesium-based reagent which
International Trade Administration, of this Order excludes pure magnesium includes one or more materials not on
Department of Commerce. that is already covered by the existing this list is required to seek a scope
SUMMARY: As a result of this sunset Order on pure magnesium in ingot form, clarification from Commerce before
review, the Department of Commerce and currently classifiable under item such a mixture may be imported free of
(Commerce) finds that revocation of the numbers 8104.11.00 and 8104.19.00 of antidumping duties.
antidumping duty (AD) order on pure the Harmonized Tariff Schedule of the The merchandise subject to this Order
magnesium in granular form from the United States (HTSUS). is currently classifiable under item
People’s Republic of China (China) The scope of this order includes 8104.30.00 of the HTSUS. Although the
would be likely to lead to continuation imports of pure magnesium products, HTSUS subheading is provided for
or recurrence of dumping at the regardless of chemistry, including, convenience and customs purposes, our
dumping margins identified in the without limitation, raspings, granules, written description of the scope of this
‘‘Final Results of Review’’ section of this turnings, chips, powder, and briquettes, Order is dispositive.
notice. except as noted above.
Pure magnesium includes: (1) Analysis of Comments Received
DATES: Applicable January 9, 2018.
Products that contain at least 99.95 All issues raised in this sunset review
FOR FURTHER INFORMATION CONTACT: percent primary magnesium, by weight are addressed in the Issues and Decision
Joseph Degreenia, AD/CVD Operations, (generally referred to as ‘‘ultra pure’’ Memorandum, which is hereby adopted
Office III, Enforcement and Compliance, magnesium); (2) products that contain by this notice.8 The issues discussed in
International Trade Administration, less than 99.95 percent but not less than the Issues and Decision Memorandum
U.S. Department of Commerce, 1401 99.8 percent primary magnesium, by include the likelihood of continuation
Constitution Avenue NW, Washington, weight (generally referred to as ‘‘pure’’ or recurrence of dumping and the
DC 20230; telephone: (202) 482–6430. magnesium); (3) chemical combinations magnitude of the margins likely to
SUPPLEMENTARY INFORMATION: of pure magnesium and other material(s) prevail if the Order was revoked. The
Background in which the pure magnesium content is Issues and Decision Memorandum is a
50 percent or greater, but less than 99.8 public document and is on file
On September 6, 2017, Commerce percent, by weight, that do not conform electronically via Enforcement and
published the notice of initiation of the to an ‘‘ASTM Specification for Compliance’s Antidumping and
third sunset review of the antidumping Magnesium Alloy’’ 7 (generally referred Countervailing Duty Centralized
duty order 1 on pure magnesium in to as ‘‘off specification pure’’ Electronic Service System (ACCESS).
granular form from China, pursuant to magnesium); and (4) physical mixtures ACCESS is available to registered users
section 751(c) of the Tariff Act of 1930, of pure magnesium and other material(s) at https://access.trade.gov and to all
as amended (the Act).2 On September in which the pure magnesium content is parties in the Central Records Unit,
18, 2017, Commerce received notice of 50 percent or greater, but less than 99.8 room B8024 of the main Department of
intent to participate on behalf of US percent, by weight. Excluded from this Commerce building. In addition, a
Magnesium LLC (US Magnesium), Order are mixtures containing 90 complete version of the Issues and
within the applicable deadline specified percent or less pure magnesium by Decision Memorandum can be accessed
in 19 CFR 351.218(d)(1)(i).3 US weight and one or more of certain non- at http://enforcement.trade.gov/frn/.
Magnesium claimed interested party magnesium granular materials to make The signed Issues and Decision
status under section 771(9)(C) of the magnesium-based reagent mixtures. The Memorandum and the electronic
Act, as a manufacturer of pure non-magnesium granular materials of version of the Issues and Decision
magnesium in granular form in the which Commerce is aware used to make Memorandum are identical in content.
United States.4 On October 2, 2017,
Commerce received a complete 5 See letter from US Magnesium, ‘‘Third Five-year Final Results of Review
substantive response from the domestic (‘‘Sunset’’) Review of the Antidumping Duty Order Pursuant to section 751(c)(1) and
interested party within the 30-day on Pure Magnesium in Granular Form from the
People’s Republic of China/Response of US 752(c)(1) and (3) of the Act, Commerce
deadline specified in 19 CFR Magnesium LLC to the Notice of Initiation,’’ dated determines that revocation of the AD
October 2, 2017 (US Magnesium’s Substantive Order would be likely to lead to
1 See Antidumping Duty Order: Pure Magnesium
Response). continuation or recurrence of dumping,
in Granular Form from the People’s Republic of 6 See Notice of Antidumping Duty Orders: Pure
China, 66 FR 57936 (November 19, 2001) (Order). Magnesium from the People’s Republic of China,
and that the magnitude of the dumping
sradovich on DSK3GMQ082PROD with NOTICES
2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82
the Russian Federation and Ukraine; Notice of margins likely to prevail would be
FR 42073 (September 6, 2017). Amended Final Determination of Sales at Less
3 See letter from US Magnesium, ‘‘Third Five- Than Fair Value: Antidumping Duty Investigation 8 See Commerce’s memorandum, ‘‘Issues and
Year (‘‘Sunset’’) Review of Antidumping Duty of Pure Magnesium from the Russian Federation, 60 Decision Memorandum for the Final Results of the
Order On Pure Magnesium in Granular Form From FR 25691 (May 12, 1995). Expedited Third Sunset Review of the Antidumping
The People’s Republic Of China/US Magnesium’s 7 The meaning of this term is the same as that Duty Order on Pure Magnesium in Granular Form
Notice Of Intent To Participate,’’ dated September used by the American Society for Testing and from the People’s Republic of China,’’ dated
18, 2017. Materials in its Annual Book of ASTM Standards: concurrently with this notice (Issues and Decision
4 Id. Volume 01.02 Aluminum and Magnesium Alloys. Memorandum).
VerDate Sep<11>2014 15:58 Jan 08, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1](https://thefederalregister.org/doc/83_FR_1023/page/1.svg)
![1018 Federal Register / Vol. 83, No. 6 / Tuesday, January 9, 2018 / Notices
weighted-average dumping margins up Technology Co., Ltd (Trina). Commerce companies for which it has
to 305.56 percent. preliminarily finds that Trina sold preliminarily found no evidence of
subject merchandise in the United shipments and issue appropriate
Notification Regarding Administrative
States at prices below normal value instructions to CBP based on the final
Protective Order
(NV) during the POR. Interested parties results of the review.2
This notice also serves as the only are invited to comment on these
reminder to parties subject to Preliminary Affiliation and Single
preliminary results.
administrative protective order (APO) of Entity Determination
DATES: Applicable January 9, 2018.
their responsibility concerning the FOR FURTHER INFORMATION CONTACT: We preliminarily find that Changzhou
return or destruction of proprietary Krisha Hill, AD/CVD Operations, Office Trina Solar Energy Co., Ltd./Trina Solar
information disclosed under APO in IV, Enforcement and Compliance, (Changzhou) Science and Technology
accordance with 19 CFR 351.305. International Trade Administration, Co., Ltd./Yancheng Trina Solar Energy
Timely notification of the return or Department of Commerce, 1401 Technology Co., Ltd./Changzhou Trina
destruction of APO materials or Constitution Avenue NW, Washington, Solar Yabang Energy Co., Ltd./Turpan
conversion to judicial protective order is DC 20230; telephone: (202) 482–4037. Trina Solar Energy Co., Ltd./Hubei
hereby requested. Failure to comply SUPPLEMENTARY INFORMATION: Trina Solar Energy Co., Ltd. (Trina),
with the regulations and terms of an which we have preliminarily continued
APO is a violation which is subject to Scope of the Order to treat as a single entity, is affiliated
sanction. The merchandise covered by the order with Trina Solar (Hefei) Science and
This sunset review and notice are in is crystalline silicon photovoltaic cells, Technology Co., Ltd., pursuant to
accordance with sections 751(c), 752, and modules, laminates, and panels, section 771(33)(F) of the Tariff Act of
and 777(i)(1) of the Act. consisting of crystalline silicon 103 (the Act) and all of these companies
Dated: January 3, 2018. photovoltaic cells, whether or not should be treated as a single entity
Christian Marsh, partially or fully assembled into other pursuant to 19 CFR 351.401(f)(1)-(2). For
Deputy Assistant Secretary for Enforcement products, including, but not limited to, additional information, see the
and Compliance. modules, laminates, panels and building Preliminary Decision Memorandum and
[FR Doc. 2018–00185 Filed 1–8–18; 8:45 am] integrated materials.1 Merchandise Trina Collapsing Memorandum.3
BILLING CODE 3510–DS–P
covered by this order is classifiable Use of Partial Facts Available (FA) and
under subheadings 8501.61.0000, Partial Adverse Facts Available (AFA)
8507.20.80, 8541.40.6020, 8541.40.6030,
DEPARTMENT OF COMMERCE and 8501.31.8000 of the Harmonized Section 776(a) of the Act provides that
Tariff Schedule of the United States Commerce shall apply FA if (1)
International Trade Administration (HTSUS). Although the HTSUS necessary information is not on the
subheadings are provided for record, or (2) an interested party or any
[A–570–979]
convenience and customs purposes, our other person (A) withholds information
Crystalline Silicon Photovoltaic Cells, written description of the scope of the that has been requested, (B) fails to
Whether or Not Assembled Into order is dispositive. provide information within the
Modules, From the People’s Republic deadlines established, or in the form
Preliminary Determination of No and manner requested by Commerce,
of China: Preliminary Results of Shipments
Antidumping Duty Administrative subject to subsections (c)(1) and (e) of
We preliminarily determine that there section 782 of the Act, (C) significantly
Review and Preliminary Determination
is no evidence calling into question the impedes a proceeding, or (D) provides
of No Shipments; 2015–2016
no shipment claims of the following information that cannot be verified as
AGENCY: Enforcement and Compliance, companies: De-Tech Trading Limited provided by section 782(i) of the Act.
International Trade Administration, HK, Dongguan Sunworth Solar Energy Section 776(b) of the Act further
Department of Commerce. Co., Ltd., Jiawei Solarchina Co., Ltd., provides that Commerce may use an
SUMMARY: The Department of Commerce Ningbo ETDZ Holdings, Ltd., Shenzhen adverse inference in applying FA (i.e.,
(Commerce) is conducting an Sungold Solar Co., Ltd., Taizhou BD AFA) when a party has failed to
administrative review of the Trade Co., Ltd., Toenergy Technology cooperate by not acting to the best of its
antidumping duty order on crystalline Hangzhou Co., Ltd., and Wuxi Tianran ability to comply with a request for
silicon photovoltaic cells, whether or Photovoltaic Co., Ltd. For additional information. Such an adverse inference
not assembled into modules (solar information regarding this may include reliance on information
cells), from the People’s Republic of determination, see the Preliminary derived from the petition, the final
China (China). The period of review Decision Memorandum. determination, a previous
(POR) is December 1, 2015, through Consistent with an announced
November 30, 2016. The administrative refinement to its assessment practice in 2 See Non-Market Economy Antidumping
review covers one mandatory non-market economy (NME) cases, Proceedings: Assessment of Antidumping Duties, 76
Commerce is not rescinding this review FR 65694, 65694–95 (October 24, 2011) and the
respondent: the collapsed entity ‘‘Assessment Rates’’ section, below.
Changzhou Trina Solar Energy Co., Ltd./ with respect to these companies, but 3 See Preliminary Decision Memorandum under
Trina Solar (Changzhou) Science and intends to complete the review of the the ‘‘Single Entity Treatment’’ section; see also DOC
Technology Co., Ltd./Yancheng Trina Memorandum: Affiliation and Single Entity Status
sradovich on DSK3GMQ082PROD with NOTICES
1 For a complete description of the scope of the of Changzhou Trina Solar Energy Co., Ltd., Trina
Solar Energy Technology Co., Ltd./ order, see DOC Memorandum re: Decision Solar (Changzhou) Science and Technology Co.,
Changzhou Trina Solar Yabang Energy Memorandum for the Preliminary Results of the Ltd., Yancheng Trina Solar Energy Technology Co.,
Co., Ltd./Turpan Trina Solar Energy Co., 2015–2016 Antidumping Duty Administrative Ltd., Changzhou Trina Solar Yabang Energy Co.,
Ltd./Hubei Trina Solar Energy Co., Ltd., Review of Crystalline Silicon Photovoltaic Cells, Ltd., Turpan Trina Solar Energy Co., Ltd., Hubei
Whether or not Assembled into Modules, From the Trina Solar Energy Co., Ltd., and Trina Solar (Hefei)
which we have preliminarily People’s Republic of China, issued concurrently Science and Technology Co., Ltd., issued
determined to treat as a single entity with and hereby adopted by this notice concurrently with and hereby adopted by this
with Trina Solar (Hefei) Science and (Preliminary Decision Memorandum). notice (Trina Collapsing Memorandum).
VerDate Sep<11>2014 15:58 Jan 08, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\09JAN1.SGM 09JAN1](https://thefederalregister.org/doc/83_FR_1023/page/2.svg)
Document Created: 2018-01-09 02:18:51
Document Modified: 2018-01-09 02:18:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Dates | Applicable January 9, 2018. | |
| Contact | Joseph Degreenia, 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) 482-6430. | |
| FR Citation | 83 FR 1017 |
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