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)

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, 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