83 FR 10676 - Pure Magnesium in Granular Form From the People's Republic of China: Continuation of the Antidumping Duty Order

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 48 (March 12, 2018)

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

[Federal Register Volume 83, Number 48 (Monday, March 12, 2018)]
[Notices]
[Pages 10676-10677]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05023]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Pure Magnesium in Granular Form From the People's Republic of 
China: Continuation of the Antidumping Duty Order

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

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

DATES: Applicable March 12, 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) 432-6430

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2001, Commerce published the AD order on pure 
magnesium in granular form from China.\1\ On September 6, 2017, 
Commerce published the notice of initiation of the third sunset review 
of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as 
amended (the Act).\2\ As a result of its review, Commerce determined 
that revocation of the Order would likely lead to continuation or 
recurrence of dumping.\3\ Commerce, therefore, notified the ITC of the 
magnitude of the dumping margins likely to prevail should the Order be 
revoked. On March 5, 2018, the ITC published its determination that 
revocation of the Order would likely

[[Page 10677]]

lead to a continuation or recurrence of material injury to an industry 
in the United States within a reasonably foreseeable time, pursuant to 
section 751(c) of the Act.\4\
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    \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) Reviews, 82 FR 42073 
(September 6, 2017).
    \3\ See Pure Magnesium in Granular Form from the People's 
Republic of China: Final Results of Expedited Third Sunset Review of 
the Antidumping Duty Order, 83 FR 1017 (January 9, 2018), and 
accompanying Issues and Decision Memorandum.
    \4\ See Pure Granular Magnesium from China; Determination, 83 FR 
9337 (March 5, 2018).
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Scope of the Order

    There is an existing AD order on pure magnesium from China.\5\ 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).
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    \5\ 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).
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    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'' \6\ 
(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. 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.
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    \6\ 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.
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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to continuation or recurrence 
of dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
Commerce hereby orders the continuation of the AD order on pure 
magnesium in granular form from China. U.S. Customs and Border 
Protection will continue to collect AD cash deposits at the rates in 
effect at the time of entry for all imports of subject merchandise.
    The effective date of 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, Commerce 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 sections 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: March 7, 2018.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, performing the non-exclusive functions and duties of the 
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2018-05023 Filed 3-9-18; 8:45 am]
 BILLING CODE 3510-DS-P