83 FR 28412 - Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCE
International Trade Administration

Federal Register Volume 83, Issue 118 (June 19, 2018)

Page Range		28412-28413
FR Document		2018-13134

The Department of Commerce (Commerce) has completed its administrative review of the antidumping duty order on pure magnesium from the People's Republic of China (China) for the period of review (POR), May 1, 2016, through April 30, 2017. We continue to find that Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) (collectively, TMI/TMM) had no shipments of pure magnesium during the POR.

Federal Register, Volume 83 Issue 118 (Tuesday, June 19, 2018)

[Federal Register Volume 83, Number 118 (Tuesday, June 19, 2018)]
[Notices]
[Pages 28412-28413]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13134]


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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 Antidumping Duty Administrative Review; 2016-2017

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

SUMMARY: The Department of Commerce (Commerce) has completed its 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (China) for the period of review 
(POR), May 1, 2016, through April 30, 2017. We continue to find that 
Tianjin Magnesium International, Co., Ltd. (TMI) and Tianjin Magnesium 
Metal Co., Ltd. (TMM) (collectively, TMI/TMM) had no shipments of pure 
magnesium during the POR.

DATES: Applicable June 19, 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 30, 2018, Commerce published the Preliminary Results.\1\ 
We invited interested parties to comment on the Preliminary Results; 
however, no interested party submitted comments.\2\ Accordingly, we 
made no changes to the Preliminary Results. On May 29, 2018, we 
extended the time period for issuing these final results by 14 days, 
until June 14, 2018, in accordance with section 751(a)(3)(A) of the 
Act.\3\
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2016-
2017, 83 FR 4187 (January 30, 2018) (Preliminary Results).
    \2\ Accordingly, no decision memorandum accompanies this Federal 
Register notice.
    \3\ See memorandum, ``Pure Magnesium from the People's Republic 
of China: Extension of Deadline for Final Results of the 2016-2017 
Antidumping Duty Administrative Review,'' dated May 29, 2018.
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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.

[[Page 28413]]

    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.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that TMI/TMM \4\ 
had no shipments of the subject merchandise during the POR.\5\ Since we 
did not receive any comments on our Preliminary Results, we continue to 
fine that that TMI/TMM did not have any shipments of subject 
merchandise during the POR.\6\ We intend to issue appropriate 
instructions that are consistent with our ``automatic assessment'' 
clarification, for these final results.\7\
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    \4\ In the 2011-2012 administrative review of the order, 
Commerce determined TMM and TMI to be collapsed and treated as a 
single entity for purposes of that proceeding. See Pure Magnesium 
from the People's Republic of China: Final Results of Antidumping 
Duty Administrative Review; 2011-2012, 79 FR 94 (January 2, 2014) 
and accompanying Issues and Decision Memorandum at Comment 5. 
Because there have been no changes to the facts supporting the 
original collapsing determination, which remains unchallenged in 
this review, we continue to find that these companies are part of a 
single entity for the purposes of this administrative review.
    \5\ See Preliminary Results, 83 FR at 4187.
    \6\ Id. at 4188.
    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section below.
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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). We intend to issue assessment instructions to CBP 15 
days after the date of publication of the final results of this review. 
Additionally, consistent with Commerce's assessment practice in non-
market economy cases, because Commerce determined that TMI/TMM had no 
shipments of subject merchandise during the POR, any suspended entries 
of subject merchandise during the POR from TMI/TMM will be liquidated 
at the PRC-wide rate.\8\
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    \8\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective for all 
shipments of subject merchandise entered, or withdrawn from warehouse, 
for consumption on or after the publication date of this notice of 
final results of the administrative review, as provided by section 
751(a)(2)(C) of the Act: (1) For TMI/TMM, which claimed no shipments, 
the cash deposit rate will remain unchanged from the rate assigned to 
TMI/TMM in the most recently completed review of the company; (2) for 
previously investigated or reviewed Chinese and non-Chinese exporters 
who are not under review in this segment of the proceeding but who have 
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be the China-
wide rate of 111.73 percent; \9\ and (4) 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-PRC exporter. These deposit requirements, when 
imposed, shall remain in effect until further notice.
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    \9\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010).
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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: June 13, 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. 2018-13134 Filed 6-18-18; 8:45 am]
 BILLING CODE 3510-DS-P

Federal Register / Vol. 83, No. 118 / Tuesday, June 19, 2018 / Notices 28413

Pure magnesium products covered by Cash Deposit Requirements We are issuing and publishing these
the order are currently classifiable The following cash deposit final results and this notice in
under Harmonized Tariff Schedule of requirements will be effective for all accordance with sections 751(a)(1) and
the United States (HTSUS) subheadings shipments of subject merchandise 777(i) of the Act.
8104.11.00, 8104.19.00, 8104.20.00, entered, or withdrawn from warehouse, Dated: June 13, 2018.
8104.30.00, 8104.90.00, 3824.90.11, for consumption on or after the Gary Taverman,
3824.90.19 and 9817.00.90. Although publication date of this notice of final Deputy Assistant Secretary for Antidumping
the HTSUS subheadings are provided results of the administrative review, as and Countervailing Duty Operations,
for convenience and customs purposes, provided by section 751(a)(2)(C) of the performing the non-exclusive functions and
the written description of the scope is Act: (1) For TMI/TMM, which claimed duties of the Assistant Secretary for
dispositive. no shipments, the cash deposit rate will Enforcement and Compliance.

Final Determination of No Shipments remain unchanged from the rate [FR Doc. 2018–13134 Filed 6–18–18; 8:45 am]
assigned to TMI/TMM in the most BILLING CODE 3510–DS–P
In the Preliminary Results, Commerce recently completed review of the
determined that TMI/TMM 4 had no company; (2) for previously investigated
shipments of the subject merchandise or reviewed Chinese and non-Chinese DEPARTMENT OF COMMERCE
during the POR.5 Since we did not exporters who are not under review in
this segment of the proceeding but who National Oceanic and Atmospheric
receive any comments on our Administration
Preliminary Results, we continue to fine have separate rates, the cash deposit rate
that that TMI/TMM did not have any will continue to be the exporter-specific RIN 0648–XG282
shipments of subject merchandise rate published for the most recent
during the POR.6 We intend to issue period; (3) for all Chinese exporters of Endangered Species; File No. 20561
appropriate instructions that are subject merchandise that have not been
AGENCY: National Marine Fisheries
consistent with our ‘‘automatic found to be entitled to a separate rate,
Service (NMFS), National Oceanic and
assessment’’ clarification, for these final the cash deposit rate will be the China-
Atmospheric Administration (NOAA),
results.7 wide rate of 111.73 percent; 9 and (4) for
Commerce.
all non-Chinese exporters of subject
Assessment Rates merchandise which have not received ACTION: Notice; receipt of application.
their own rate, the cash deposit rate will
Commerce determined, and U.S. SUMMARY: Notice is hereby given that
be the rate applicable to the Chinese
Customs and Border Protection (CBP) the Virginia Aquarium and Marine
exporter(s) that supplied that non-PRC
shall assess, antidumping duties on all Science Center (Responsible Party: W.
exporter. These deposit requirements,
appropriate entries of subject Mark Swingle), 717 General Booth
when imposed, shall remain in effect
merchandise in accordance with section Boulevard, Virginia Beach, VA 23451,
until further notice.
751(a)(2)(C) of the Act and 19 CFR has applied in due form for a permit to
351.212(b). We intend to issue Notification to Importers take green (Chelonia mydas), Kemp’s
assessment instructions to CBP 15 days This notice serves as a reminder to ridley (Lepidochelys kempii),
after the date of publication of the final importers of their responsibility under leatherback (Dermochelys coriacea), and
results of this review. Additionally, 19 CFR 351.402(f)(2) to file a certificate loggerhead (Caretta caretta) sea turtles
consistent with Commerce’s assessment regarding the reimbursement of for purposes of scientific research.
practice in non-market economy cases, antidumping duties prior to liquidation DATES: Written, telefaxed, or email
because Commerce determined that of the relevant entries during this POR. comments must be received on or before
TMI/TMM had no shipments of subject Failure to comply with this requirement July 19, 2018.
merchandise during the POR, any could result in the Commerce’s ADDRESSES: The application and related
suspended entries of subject presumption that reimbursement of documents are available for review by
merchandise during the POR from TMI/ antidumping duties occurred and the selecting ‘‘Records Open for Public
TMM will be liquidated at the PRC-wide subsequent assessment of double Comment’’ from the ‘‘Features’’ box on
rate.8 antidumping duties. the Applications and Permits for
Protected Species (APPS) home page,
Administrative Protective Order
4 In the 2011–2012 administrative review of the https://apps.nmfs.noaa.gov, and then
order, Commerce determined TMM and TMI to be This notice also serves as a reminder selecting File No. 20561 from the list of
collapsed and treated as a single entity for purposes to parties subject to administrative
of that proceeding. See Pure Magnesium from the
available applications.
People’s Republic of China: Final Results of protective order (APO) of their These documents are also available
Antidumping Duty Administrative Review; 2011– responsibility concerning the return or upon written request or by appointment
2012, 79 FR 94 (January 2, 2014) and accompanying destruction of proprietary information in the Permits and Conservation
Issues and Decision Memorandum at Comment 5. disclosed under APO in accordance
Because there have been no changes to the facts
Division, Office of Protected Resources,
supporting the original collapsing determination, with 19 CFR 351.305(a)(3). Timely NMFS, 1315 East-West Highway, Room
which remains unchallenged in this review, we written notification of the return or 13705, Silver Spring, MD 20910; phone
continue to find that these companies are part of a destruction of APO materials, or (301) 427–8401; fax (301) 713–0376.
single entity for the purposes of this administrative conversion to judicial protective order,
review.
Written comments on this application
5 See Preliminary Results, 83 FR at 4187.
is hereby requested. Failure to comply should be submitted to the Chief,
daltland on DSKBBV9HB2PROD with NOTICES

6 Id. at 4188. with the regulations and terms of an Permits and Conservation Division, at
7 See Non-Market Economy Antidumping APO is a sanctionable violation. the address listed above. Comments may
Proceedings: Assessment of Antidumping Duties, 76 also be submitted by facsimile to (301)
FR 65694 (October 24, 2011) (Assessment Notice); 9 See Pure Magnesium from the People’s Republic
713–0376, or by email to
see also ‘‘Assessment Rates’’ section below. of China: Final Results of the 2008–2009
8 See Non-Market Economy Antidumping Antidumping Duty Administrative Review of the
NMFS.Pr1Comments@noaa.gov. Please
Proceedings: Assessment of Antidumping Duties, 76 Antidumping Duty Order, 75 FR 80791 (December include the File No. in the subject line
FR 65694 (October 24, 2011). 23, 2010). of the email comment.

VerDate Sep<11>2014 17:55 Jun 18, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\19JNN1.SGM 19JNN1

Document Created: 2018-07-02 11:21:51
Document Modified: 2018-07-02 11:21:51

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 June 19, 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 28412

83 FR 28412 - Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2016-2017

DEPARTMENT OF COMMERCEInternational Trade Administration

Federal Register Volume 83, Issue 118 (June 19, 2018)

DEPARTMENT OF COMMERCE
International Trade Administration