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)

Page Range		10676-10677
FR Document		2018-05023

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 Issue 48 (Monday, March 12, 2018)

[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.
---------------------------------------------------------------------------

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

10676 Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices

deposit rate will continue to be the Appendix II—Companies Subject to Kau Cantho
existing exporter-specific rate; (3) for all Review Determined To Be Part of the [FR Doc. 2018–04901 Filed 3–9–18; 8:45 am]
Vietnam exporters of subject Vietnam-Wide Entity BILLING CODE 3510–DS–P
merchandise that have not been found 1. Amanda Seafood Co., Ltd.
to be entitled to a separate rate, the cash 2. Asia Food Stuffs Import Export Co., Ltd.
deposit rate will be the existing rate for 3. Binh Thuan Import—Export Joint Stock DEPARTMENT OF COMMERCE
the Vietnam-wide entity of 25.76 Company (THAIMEX)
percent; and (4) for all non-Vietnam 4. B.O.P. Limited Co. International Trade Administration
exporters of subject merchandise which 5. Coastal Fisheries Development
[A–570–864]
have not received their own rate, the Corporation (‘‘COFIDEC’’)
cash deposit rate will be the rate 6. CJ Freshway (FIDES Food System Co.,
Pure Magnesium in Granular Form
Ltd.)
applicable to the Vietnam exporter that 7. Dong Hai Seafood Limited Company From the People’s Republic of China:
supplied that non-Vietnam exporter. 8. Duc Cuong Seafood Trading Co., Ltd. Continuation of the Antidumping Duty
These deposit requirements, when 9. Frozen Seafoods Factory No. 32 (Tho Order
imposed, shall remain in effect until Quang Seafood Processing and Export
further notice. Company)
AGENCY: Enforcement and Compliance,
10. Gallant Dachan Seafood Co., Ltd. International Trade Administration,
Notification to Importers 11. Gallant Ocean (Vietnam) Co. Ltd., also Department of Commerce.
initiated under Gallant Ocean (Viet Nam) SUMMARY: As a result of determinations
This notice also serves as a Co., Ltd. (‘‘Gallant Ocean Vietnam’’) by the Department of Commerce
preliminary reminder to importers of 12. Hanh An Trading Service Co., Ltd. (Commerce) and the International Trade
their responsibility under 19 CFR 13. Hoang Phuong Seafood Factory Commission (ITC) that revocation of the
351.402(f)(2) to file a certificate 14. Huynh Huong Seafood Processing
antidumping duty (AD) order on pure
regarding the reimbursement of 15. JK Fish Co., Ltd.
16. Khai Minh Trading Investment magnesium in granular form from the
antidumping duties prior to liquidation People’s Republic of China (China)
of the relevant entries during this Corporation
17. Long Toan Frozen Aquatic Products Joint would likely lead to a continuation or
review period. Failure to comply with Stock Company recurrence of dumping and material
this requirement could result in 18. Minh Cuong Seafood Import-Export injury to an industry in the United
Commerce’s presumption that Processing (‘‘MC Seafood’’) States, Commerce is publishing this
reimbursement of antidumping duties 19. Minh Phu Seafood Corporation (only as notice of continuation of the AD order.
occurred and the subsequent assessment producer or exporter) 15
20. Nam Hai Foodstuff and Export Company DATES: Applicable March 12, 2018.
of double antidumping duties.
Ltd FOR FURTHER INFORMATION CONTACT:
This determination is issued and 21. New Wind Seafood Co., Ltd. Joseph Degreenia, AD/CVD Operations,
published in accordance with sections 22. Nha Trang Fisheries Joint Stock Company Office III, Enforcement and Compliance,
751(a)(1) and 777(i)(1) of the Act and 19 (‘‘Nha Trang Fisco’’), also initiated under International Trade Administration,
CFR 351.221(b)(4). Nha Trang Fisheries Joint Stock U.S. Department of Commerce, 1401
Dated: March 5, 2018. Company Constitution Avenue NW, Washington,
23. Nhat Duc Co., Ltd.
Gary Taverman, 24. Phu Cuong Jostoco Seafood Corporation
DC 20230; telephone: (202) 432–6430
Deputy Assistant Secretary for Antidumping 25. Quoc Ai Seafood Processing Import SUPPLEMENTARY INFORMATION:
and Countervailing Duty Operations, Export Co., Ltd.
performing the non-exclusive functions and Background
26. Saigon Food Joint Stock Company
duties of the Assistant Secretary for 27. Tan Thanh Loi Frozen Food Co., Ltd. On November 19, 2001, Commerce
Enforcement and Compliance. 28. Thinh Hung Co., Ltd. published the AD order on pure
29. Trang Khan Seafood Co., Ltd. magnesium in granular form from
Appendix I—List of Topics Discussed in
30. Xi Nghiep Che Bien Thuy Suc San Xuat China.1 On September 6, 2017,
the Preliminary Decision Memorandum
Commerce published the notice of
I. Summary 15 Minh Phu Seafood Corporation is part of the
initiation of the third sunset review of
II. Background Vietnam-Wide entity only in the event that it is
identified on U.S. entry documentation or the Order, pursuant to section 751(c) of
III. Scope of the Order
commercial documents as either producer or the Tariff Act of 1930, as amended (the
IV. Discussion of the Methodology
A. Preliminary Determination of No
exporter. In the event that Minh Phu Seafood Act).2 As a result of its review,
Corporation is identified on U.S. entry Commerce determined that revocation
Shipments documentation and commercial documents as both
B. Non-Market Economy Country producer and exporter, its entries are not subject to of the Order would likely lead to
1. Separate Rates the AD Order and should not be suspended. See continuation or recurrence of dumping.3
2. Vietnam-Wide Entity Certain Frozen Warmwater Shrimp from the Commerce, therefore, notified the ITC of
C. Surrogate Country and Surrogate Values Socialist Republic of Vietnam: Notice of the magnitude of the dumping margins
1. Economic Comparability Implementation of Determination Under Section
129 of the Uruguay Round Agreements Act and likely to prevail should the Order be
2. Significant Producers of Comparable revoked. On March 5, 2018, the ITC
Partial Revocation of the Antidumping Duty Order,
Merchandise 81 FR 47756, 47757 (Minh Phu Revocation) (July published its determination that
3. Data Availability 22, 2016), where we stated that we ‘‘will instruct
D. Date of Sale revocation of the Order would likely
U.S. Customs and Border Protection (‘‘CBP’’) to
E. Fair Value Comparisons liquidate, without regard to antidumping duties,
1 See Antidumping Duty Order: Pure Magnesium
1. Determination of the Comparison entries of certain frozen warmwater shrimp,
Method produced and exported by the Minh Phu Group.’’ in Granular Form from the People’s Republic of
amozie on DSK30RV082PROD with NOTICES

Because Minh Phu Seafood Corporation is one of China, 66 FR 57936 (November 19, 2001) (Order).
2. Results of the Differential Pricing 2 See Initiation of Five-Year (Sunset) Reviews, 82
Analysis the trade names included in the Minh Phu
Revocation, any entries of subject merchandise FR 42073 (September 6, 2017).
F. Export Price produced and exported by Minh Phu Seafood 3 See Pure Magnesium in Granular Form from the
G. Normal Value Corporation, or any other trade name combination People’s Republic of China: Final Results of
H. Factor Valuation Methodology of the companies within the group which was Expedited Third Sunset Review of the Antidumping
V. Currency Conversion revoked from the AD Order, are not subject to the Duty Order, 83 FR 1017 (January 9, 2018), and
VI. Conclusion AD Order. accompanying Issues and Decision Memorandum.

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Federal Register / Vol. 83, No. 48 / Monday, March 12, 2018 / Notices 10677

lead to a continuation or recurrence of rare earth metals/mischmetal, cryolite, DEPARTMENT OF COMMERCE
material injury to an industry in the silica/fly ash, magnesium oxide,
United States within a reasonably periclase, ferroalloys, dolomitic lime, International Trade Administration
foreseeable time, pursuant to section and colemanite. A party importing a
751(c) of the Act.4 magnesium-based reagent which [C–570–076]
Scope of the Order includes one or more materials not on
this list is required to seek a scope Certain Plastic Decorative Ribbon
There is an existing AD order on pure From the People’s Republic of China:
clarification from Commerce before
magnesium from China.5 The scope of Postponement of Preliminary
this Order excludes pure magnesium such a mixture may be imported free of
antidumping duties. The merchandise Determination in the Countervailing
that is already covered by the existing Duty Investigation
Order on pure magnesium in ingot form, subject to this Order is currently
and currently classifiable under item classifiable under item 8104.30.00 of the AGENCY: Enforcement and Compliance,
numbers 8104.11.00 and 8104.19.00 of HTSUS. Although the HTSUS International Trade Administration,
the Harmonized Tariff Schedule of the subheading is provided for convenience Department of Commerce.
United States (HTSUS). and customs purposes, our written
The scope of this order includes description of the scope of this Order is DATES: Applicable March 12, 2018.
imports of pure magnesium products, dispositive. FOR FURTHER INFORMATION CONTACT:
regardless of chemistry, including, Maliha Khan at (202) 482–0895,
without limitation, raspings, granules, Continuation of the Order
AD/CVD Operations, Enforcement and
turnings, chips, powder, and briquettes, As a result of the determinations by Compliance, International Trade
except as noted above. Commerce and the ITC that revocation Administration, Department of
Pure magnesium includes: (1) Commerce, 1401 Constitution Avenue
Products that contain at least 99.95 of the Order would likely lead to
continuation or recurrence of dumping NW, Washington, DC 20230.
percent primary magnesium, by weight
and material injury to an industry in the SUPPLEMENTARY INFORMATION:
(generally referred to as ‘‘ultra pure’’
magnesium); (2) products that contain United States, pursuant to section Background
less than 99.95 percent but not less than 751(d)(2) of the Act and 19 CFR
99.8 percent primary magnesium, by 351.218(a), Commerce hereby orders the On January 16, 2018, the Department
weight (generally referred to as ‘‘pure’’ continuation of the AD order on pure of Commerce (Commerce) initiated the
magnesium); (3) chemical combinations magnesium in granular form from countervailing duty (CVD) investigation
of pure magnesium and other material(s) China. U.S. Customs and Border of certain plastic decorative ribbon
in which the pure magnesium content is Protection will continue to collect AD (plastic decorative ribbon) from the
50 percent or greater, but less than 99.8 cash deposits at the rates in effect at the People’s Republic of China.1 Currently,
percent, by weight, that do not conform time of entry for all imports of subject the preliminary determination is due no
to an ‘‘ASTM Specification for merchandise. later than March 26, 2018.2
Magnesium Alloy’’ 6 (generally referred The effective date of continuation of Postponement of the Preliminary
to as ‘‘off specification pure’’ the Order will be the date of publication Determination
magnesium); and (4) physical mixtures
in the Federal Register of this notice of Section 703(b)(1) of the Tariff Act of
of pure magnesium and other material(s)
continuation. Pursuant to section 1930, as amended (the Act), requires
in which the pure magnesium content is
751(c)(2) of the Act, Commerce intends Commerce to issue the preliminary
50 percent or greater, but less than 99.8
percent, by weight. Excluded from this to initiate the next five-year review of determination in a CVD investigation
Order are mixtures containing 90 the Order not later than 30 days prior within 65 days after the date on which
percent or less pure magnesium by to the fifth anniversary of the effective Commerce initiated the investigation.
weight and one or more of certain non- date of continuation. However, section 703(c)(1)(A) of the Act
magnesium granular materials to make This five-year (sunset) review and this permits Commerce to postpone the
magnesium-based reagent mixtures. The notice are in accordance with sections preliminary determination until no later
non-magnesium granular materials of 751(c) of the Act and published than 130 days after the date on which
which Commerce is aware used to make pursuant to section 777(i)(1) of the Act Commerce initiated the investigation if
such excluded reagents are: Lime, and 19 CFR 351.218(f)(4). a petitioner makes a timely request for
calcium metal, calcium silicon, calcium a postponement. Under 19 CFR
Dated: March 7, 2018. 351.205(e), a petitioner must submit a
carbide, calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite, Gary Taverman, request for postponement 25 days or
feldspar, aluminum, alumina (Al2O3), Deputy Assistant Secretary for Antidumping more before the scheduled date of the
calcium aluminate, soda ash, and Countervailing Duty Operations, preliminary determination and must
hydrocarbons, graphite, coke, silicon, performing the non-exclusive functions and state the reason for the request.
duties of the Assistant Secretary for Commerce will grant the request unless
4 See Pure Granular Magnesium from China; Enforcement and Compliance.
1 See Certain Plastic Decorative Ribbon from the
Determination, 83 FR 9337 (March 5, 2018). [FR Doc. 2018–05023 Filed 3–9–18; 8:45 am]
5 See Notice of Antidumping Duty Orders: Pure People’s Republic of China: Initiation of
BILLING CODE 3510–DS–P
Magnesium from the People’s Republic of China, Countervailing Duty Investigation, 83 FR 3114
the Russian Federation and Ukraine; Notice of (January 23, 2018).
amozie on DSK30RV082PROD with NOTICES

Amended Final Determination of Sales at Less 2 Commerce has exercised its discretion to toll

Than Fair Value: Antidumping Duty Investigation deadlines for the duration of the closure of the
of Pure Magnesium From the Russian Federation, Federal Government from January 20 through 22,
60 FR 25691 (May 12, 1995). 2018. See Memorandum, ‘‘Deadlines Affected by
6 The meaning of this term is the same as that the Shutdown of the Federal Government,’’ dated
used by the American Society for Testing and January 23, 2018 (Tolling Memorandum).
Materials in its Annual Book of ASTM Standards: Accordingly, all deadlines in this segment of the
Volume 01.02 Aluminum and Magnesium Alloys. proceeding have been extended by three days.

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Document Created: 2018-11-01 08:52:05
Document Modified: 2018-11-01 08:52:05

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 March 12, 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) 432-6430
FR Citation		83 FR 10676

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

DEPARTMENT OF COMMERCEInternational Trade Administration

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

DEPARTMENT OF COMMERCE
International Trade Administration