83 FR 22952 - Magnesium Metal From the People's Republic of China: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017
DEPARTMENT OF COMMERCE
International Trade Administration Federal Register Volume 83, Issue 96 (May 17, 2018)
International Trade Administration
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22952-22953 | |
| FR Document | 2018-10562 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Notices] [Pages 22952-22953] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10562] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE International Trade Administration [A-570-896] Magnesium Metal From the People's Republic of China: Final Determination of No Shipments; Antidumping Duty Administrative Review; 2016-2017 AGENCY: Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) had no shipments of subject merchandise covered by the antidumping duty order on magnesium metal from the People's Republic of China (China) for the period of review (POR) April 1, 2016, through March 31, 2017. DATES: Applicable May 17, 2018. FOR FURTHER INFORMATION CONTACT: James Terpstra or Brendan Quinn, 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) 482-3965 or (202) 482-5848, respectively. SUPPLEMENTARY INFORMATION: Background On January 8, 2018, Commerce published the Preliminary Results.\1\ We invited interested parties to comment on the Preliminary Results, however, no interested party submitted comments. Accordingly, we made no changes to the Preliminary Results. --------------------------------------------------------------------------- \1\ See Magnesium Metal from the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2016- 2017, 83 FR 789 (January 8, 2018) (Preliminary Results). --------------------------------------------------------------------------- Scope of the Order The product covered by this antidumping duty order is magnesium metal from China, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ``ASTM Specification for Magnesium Alloy'' \2\ and are thus outside the scope of the existing antidumping orders on magnesium from China (generally referred to as ``alloy'' magnesium). --------------------------------------------------------------------------- \2\ The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. --------------------------------------------------------------------------- The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of 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'' \3\; (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/ mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.\4\ --------------------------------------------------------------------------- \3\ The material is already covered by existing antidumping orders. 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); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People's Republic of China, 66 FR 57936 (November 19, 2001). \4\ This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000-2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form from the People's Republic of China, 66 FR 49345 (September 27, 2001); Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium from the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. --------------------------------------------------------------------------- The merchandise subject to this order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Final Determination of No Shipments In the Preliminary Results, Commerce determined that TMI and TMM had no shipments of the subject merchandise, and, therefore, no reviewable transactions, during the POR.\5\ As we have not received any information to contradict our preliminary finding, we determine that TMI and TMM did not have any shipments of subject merchandise during the POR and intend to issue appropriate instructions that are consistent with our ``automatic assessment'' clarification, for these final results.\6\ --------------------------------------------------------------------------- \5\ See Preliminary Results, 83 FR at 790. \6\ See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment Notice); see also ``Assessment Rates'' section below. --------------------------------------------------------------------------- Assessment Rates Commerce determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. Additionally, consistent with the Commerce's refinement to its assessment practice in non-market economy cases, for TMI and TMM, exporters under review, which we determined had no shipments of the subject merchandise during the POR, any suspended entries of subject merchandise from these companies (i.e., made under TMI's case number at TMI's rate or made under TMM's name) will be liquidated at the China- wide rate.\7\ --------------------------------------------------------------------------- \7\ For a full discussion of this practice, see Assessment Notice. --------------------------------------------------------------------------- Cash Deposit Requirements The following cash deposit requirements will be effective upon [[Page 22953]] publication of these final results of administrative review for shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed Chinese and non-Chinese exporters that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, including TMM, the cash deposit rate will be the China-wide rate of 141.49 percent; \8\ and (3) for all non-Chinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that non-Chinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. --------------------------------------------------------------------------- \8\ See Notice of Antidumping Duty Order: Magnesium Metal from the People's Republic of China, 70 FR 19928 (April 15, 2005). --------------------------------------------------------------------------- Notification to Importers This notice serves as a reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Commerce's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Administrative Protective Order This notice also serves as a 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(a)(3). Timely written 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 sanctionable violation. We are issuing and publishing these final results and this notice in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 11, 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. 2018-10562 Filed 5-16-18; 8:45 am] BILLING CODE 3510-DS-P
![22952 Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices
XI. Verification magnesium metal. Secondary The merchandise subject to this order
XII. Conclusion magnesium is produced by recycling is classifiable under items 8104.19.00,
[FR Doc. 2018–10547 Filed 5–16–18; 8:45 am] magnesium-based scrap into magnesium and 8104.30.00 of the Harmonized Tariff
BILLING CODE 3510–DS–P metal. The magnesium covered by this Schedule of the United States (HTSUS).
order includes blends of primary and Although the HTSUS items are provided
secondary magnesium. for convenience and customs purposes,
DEPARTMENT OF COMMERCE The subject merchandise includes the the written description of the
following alloy magnesium metal merchandise is dispositive.
International Trade Administration products made from primary and/or
secondary magnesium including, Final Determination of No Shipments
[A–570–896]
without limitation, magnesium cast into In the Preliminary Results, Commerce
Magnesium Metal From the People’s ingots, slabs, rounds, billets, and other determined that TMI and TMM had no
Republic of China: Final Determination shapes; magnesium ground, chipped, shipments of the subject merchandise,
of No Shipments; Antidumping Duty crushed, or machined into rasping, and, therefore, no reviewable
Administrative Review; 2016–2017 granules, turnings, chips, powder, transactions, during the POR.5 As we
briquettes, and other shapes; and have not received any information to
AGENCY: Enforcement and Compliance, products that contain 50 percent or contradict our preliminary finding, we
International Trade Administration, greater, but less than 99.8 percent, determine that TMI and TMM did not
Department of Commerce. magnesium, by weight, and that have have any shipments of subject
SUMMARY: The Department of Commerce been entered into the United States as merchandise during the POR and intend
(Commerce) continues to find that conforming to an ‘‘ASTM Specification to issue appropriate instructions that are
Tianjin Magnesium International, Co., for Magnesium Alloy’’ 2 and are thus consistent with our ‘‘automatic
Ltd. (TMI) and Tianjin Magnesium outside the scope of the existing assessment’’ clarification, for these final
Metal Co., Ltd. (TMM) had no antidumping orders on magnesium from results.6
shipments of subject merchandise China (generally referred to as ‘‘alloy’’
covered by the antidumping duty order magnesium). Assessment Rates
on magnesium metal from the People’s The scope of this order excludes: (1) Commerce determined, and U.S.
Republic of China (China) for the period All forms of pure magnesium, including Customs and Border Protection (CBP)
of review (POR) April 1, 2016, through chemical combinations of magnesium shall assess, antidumping duties on all
March 31, 2017. and other material(s) in which the pure appropriate entries of subject
DATES: Applicable May 17, 2018. magnesium content is 50 percent or merchandise in accordance with section
FOR FURTHER INFORMATION CONTACT: greater, but less than 99.8 percent, by 751(a)(2)(C) of the Act and 19 CFR
James Terpstra or Brendan Quinn, AD/ weight, that do not conform to an 351.212(b). Commerce intends to issue
CVD Operations, Office III, Enforcement ‘‘ASTM Specification for Magnesium assessment instructions to CBP 15 days
and Compliance, International Trade Alloy’’ 3; (2) magnesium that is in liquid after the date of publication of the final
Administration, U.S. Department of or molten form; and (3) mixtures results of this review.
Commerce, 1401 Constitution Avenue containing 90 percent or less Additionally, consistent with the
NW, Washington, DC 20230; telephone: magnesium in granular or powder form Commerce’s refinement to its
(202) 482–3965 or (202) 482–5848, by weight and one or more of certain assessment practice in non-market
respectively. non-magnesium granular materials to economy cases, for TMI and TMM,
make magnesium-based reagent exporters under review, which we
SUPPLEMENTARY INFORMATION: mixtures, including lime, calcium determined had no shipments of the
Background metal, calcium silicon, calcium carbide, subject merchandise during the POR,
calcium carbonate, carbon, slag any suspended entries of subject
On January 8, 2018, Commerce
coagulants, fluorspar, nephaline syenite, merchandise from these companies (i.e.,
published the Preliminary Results.1 We
feldspar, alumina (Al203), calcium made under TMI’s case number at TMI’s
invited interested parties to comment on
aluminate, soda ash, hydrocarbons, rate or made under TMM’s name) will
the Preliminary Results, however, no
graphite, coke, silicon, rare earth be liquidated at the China-wide rate.7
interested party submitted comments.
metals/mischmetal, cryolite, silica/fly
Accordingly, we made no changes to the Cash Deposit Requirements
ash, magnesium oxide, periclase,
Preliminary Results. The following cash deposit
ferroalloys, dolomite lime, and
Scope of the Order colemanite.4 requirements will be effective upon
The product covered by this 2 The meaning of this term is the same as that Final Determination of Sales at Less Than Fair
antidumping duty order is magnesium used by the American Society for Testing and Value: Pure Magnesium in Granular Form from the
metal from China, which includes Materials in its Annual Book for ASTM Standards: People’s Republic of China, 66 FR 49345
primary and secondary alloy Volume 01.02 Aluminum and Magnesium Alloys. (September 27, 2001); Final Determination of Sales
3 The material is already covered by existing at Less Than Fair Value: Pure Magnesium From
magnesium metal, regardless of Israel, 66 FR 49349 (September 27, 2001); Final
antidumping orders. See Notice of Antidumping
chemistry, raw material source, form, Duty Orders: Pure Magnesium from the People’s Determination of Sales at Not Less Than Fair Value:
shape, or size. Magnesium is a metal or Republic of China, the Russian Federation and Pure Magnesium from the Russian Federation, 66
alloy containing by weight primarily the Ukraine; Notice of Amended Final Determination of FR 49347 (September 27, 2001). These mixtures are
Sales at Less Than Fair Value: Antidumping Duty not magnesium alloys, because they are not
element magnesium. Primary combined in liquid form and cast into the same
daltland on DSKBBV9HB2PROD with NOTICES
Investigation of Pure Magnesium from the Russian
magnesium is produced by Federation, 60 FR 25691 (May 12, 1995); and ingot.
decomposing raw materials into Antidumping Duty Order: Pure Magnesium in 5 See Preliminary Results, 83 FR at 790.
Granular Form from the People’s Republic of China, 6 See Non-Market Economy Antidumping
1 See Magnesium Metal from the People’s 66 FR 57936 (November 19, 2001). Proceedings: Assessment of Antidumping Duties, 76
Republic of China: Preliminary Results of 4 This third exclusion for magnesium-based FR 65694 (October 24, 2011) (Assessment Notice);
Antidumping Duty Administrative Review; 2016– reagent mixtures is based on the exclusion for see also ‘‘Assessment Rates’’ section below.
2017, 83 FR 789 (January 8, 2018) (Preliminary reagent mixtures in the 2000–2001 investigations of 7 For a full discussion of this practice, see
Results). magnesium from China, Israel, and Russia. See Assessment Notice.
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Notices 22953
publication of these final results of Dated: May 11, 2018. under part (B), Commerce concludes
administrative review for shipments of Gary Taverman, that the parties concerned are
subject merchandise from China Deputy Assistant Secretary for Antidumping cooperating, and determines that the
entered, or withdrawn from warehouse, and Countervailing Duty Operations, investigation is extraordinarily
for consumption on or after the performing the non-exclusive functions and complicated, and that additional time is
duties of the Assistant Secretary for necessary to make a preliminary
publication date, as provided by section
Enforcement and Compliance. determination. Under 19 CFR
751(a)(2)(C) of the Act: (1) For
[FR Doc. 2018–10562 Filed 5–16–18; 8:45 am] 351.205(e), the petitioners must submit
previously investigated or reviewed
Chinese and non-Chinese exporters that BILLING CODE 3510–DS–P a request for postponement 25 days or
received a separate rate in a prior more before the scheduled date of the
segment of this proceeding, the cash preliminary determination and must
DEPARTMENT OF COMMERCE state the reasons for the request.
deposit rate will continue to be the
Commerce will grant the request unless
existing exporter-specific rate; (2) for all International Trade Administration
it finds compelling reasons to deny the
Chinese exporters of subject [C–552–824] request.
merchandise that have not been found On May 4, 2018, the petitioners
to be entitled to a separate rate, Countervailing Duty Investigation of submitted a timely request that
including TMM, the cash deposit rate Laminated Woven Sacks From the Commerce postpone the preliminary
will be the China-wide rate of 141.49 Socialist Republic of Vietnam: CVD determination.3 The petitioners
percent; 8 and (3) for all non-Chinese Postponement of Preliminary state that they request postponement of
exporters of subject merchandise which Determination the preliminary determination because
have not received their own rate, the the current deadline does not provide
AGENCY: Enforcement and Compliance,
cash deposit rate will be the rate adequate time for Commerce to issue
International Trade Administration,
applicable to the Chinese exporter(s) Department of Commerce. questionnaires, receive responses, or to
that supplied that non-Chinese exporter. issue and receive responses to
DATES: Applicable May 17, 2018.
These deposit requirements, when supplement questionnaires prior to
imposed, shall remain in effect until FOR FURTHER INFORMATION CONTACT: Commerce’s currently scheduled
further notice. Thomas Martin at (202) 482–3936 or preliminary determination date.
Ariela Garvett at (202) 482–3609, AD/ According to the petitioners,
Notification to Importers CVD Operations, Enforcement and postponement of the preliminary
Compliance, Office IV, International determination deadline by the
This notice serves as a reminder to Trade Administration, U.S. Department maximum extension of 65 additional
importers of their responsibility under of Commerce, 1401 Constitution Avenue days in this case would allow sufficient
19 CFR 351.402(f)(2) to file a certificate NW, Washington, DC 20230. time for Commerce to develop the
regarding the reimbursement of SUPPLEMENTARY INFORMATION: record in this investigation.
antidumping duties prior to liquidation In accordance with 19 CFR
of the relevant entries during this POR. Background
351.205(e), the petitioners have stated
Failure to comply with this requirement On March 27, 2018, the Department of the reasons for requesting a
could result in the Commerce’s Commerce (Commerce) initiated a postponement of the preliminary
presumption that reimbursement of countervailing duty (CVD) investigation determination, and Commerce finds no
antidumping duties occurred and the of imports of laminated woven sacks compelling reason to deny the request.
subsequent assessment of double (LWS) from the Socialist Republic of Therefore, in accordance with section
antidumping duties. Vietnam.1 Currently, the preliminary 703(c)(1)(A) of the Act, Commerce is
determination is due no later than May postponing the deadline for the
Administrative Protective Order 31, 2018. preliminary determination to no later
This notice also serves as a reminder Postponement of Preliminary than 130 days after the date on which
to parties subject to administrative Determination the investigation was initiated, i.e.,
protective order (APO) of their August 6, 2018.4 Pursuant to section
Section 703(b)(1) of the Tariff Act of 705(a)(1) of the Act and 19 CFR
responsibility concerning the return or 1930, as amended (the Act), requires
destruction of proprietary information 351.210(b)(1), the deadline for the final
Commerce to issue the preliminary determination of this investigation will
disclosed under APO in accordance determination in a CVD investigation continue to be 75 days after the date of
with 19 CFR 351.305(a)(3). Timely within 65 days after the date on which the preliminary determination.
written notification of the return or Commerce initiated the investigation. This notice is issued and published
destruction of APO materials, or However, section 703(c)(1) of the Act pursuant to section 703(c)(2) of the Act
conversion to judicial protective order, permits Commerce to postpone the and 19 CFR 351.205(f)(1).
is hereby requested. Failure to comply preliminary determination until no later
with the regulations and terms of an than 130 days after the date on which 3 Letter from the petitioners, ‘‘Re: Laminated
APO is a sanctionable violation. Commerce initiated the investigation if, Woven Sacks from Vietnam: Request to Extend the
under part (A), the petitioners 2 make a Deadline for Preliminary Determination,’’ dated
We are issuing and publishing these May 4, 2018.
final results and this notice in timely request for a postponement; or 4 Postponing the preliminary determination to
daltland on DSKBBV9HB2PROD with NOTICES
accordance with sections 751(a)(1) and 130 days after initiation would place the deadline
1 See Laminated Woven Sacks From the Socialist
on Saturday, August 4, 2018. Commerce’s practice
777(i) of the Act. Republic of Vietnam: Initiation of Countervailing dictates that where a deadline falls on a weekend
Duty Investigation, 83 FR 14253 (April 3, 2018) or federal holiday, the appropriate deadline is the
(Initiation Notice). next business day. See Notice of Clarification:
2 The petitioners are the Laminated Woven Sacks Application of ‘‘Next Business Day’’ Rule for
8 See Notice of Antidumping Duty Order:
Fair Trade Coalition and its individual members Administrative Determination Deadlines Pursuant
Magnesium Metal from the People’s Republic of Polytex Fibers Corporation and ProAmpac Holdings to the Tariff Act of 1930, As Amended, 70 FR 24533
China, 70 FR 19928 (April 15, 2005). Inc. (May 10, 2005).
VerDate Sep<11>2014 18:36 May 16, 2018 Jkt 244001 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\17MYN1.SGM 17MYN1](https://thefederalregister.org/doc/83_FR_23048/page/2.svg)
Document Created: 2018-05-17 00:50:48
Document Modified: 2018-05-17 00:50:48
| 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 May 17, 2018. | |
| Contact | James Terpstra or Brendan Quinn, 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) 482-3965 or (202) 482-5848, respectively. | |
| FR Citation | 83 FR 22952 |
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