Document

Pure Magnesium in Granular Form From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order

As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on pure magnesium in granular fo...

Department of Commerce
International Trade Administration
  1. [A-570-864]

AGENCY:

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

SUMMARY:

As a result of this expedited sunset review, the U.S. Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on pure magnesium in granular form (pure granular magnesium) from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Review” section of this notice.

DATES:

Applicable June 6, 2023.

FOR FURTHER INFORMATION CONTACT:

Charles Doss, 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) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

On February 1, 2023, Commerce published the notice of initiation of the sunset review of the AD order on pure granular magnesium from China,[1] pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).[2] On February 9, 2023, Commerce received a notice of intent to participate from US Magnesium LLC (US Magnesium), a domestic interested party, within the deadline specified in 19 CFR 351.218(d)(1)(i).[3] US Magnesium claimed domestic interested party status under section 771(9)(C) of the Act, as a manufacturer of domestic like product in the United States.[4] On February 21, 2023, US Magnesium submitted a timely substantive response within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).[5] Commerce did not receive a substantive response from any other interested parties with respect to the Order covered by this sunset review, nor was a hearing requested. On March 23, 2023, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.[6] As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the Order.

Scope of the Order

The product covered by the Order is pure granular magnesium from China. For a full description of the scope, see the Issues and Decision Memorandum.[7]

Analysis of Comments Received

All issues raised in this sunset review are addressed in the Issues and Decision Memorandum, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. A complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/​public/​FRNotices/​ListLayout.aspx. A list of the issues discussed in the decision memorandum is attached as an appendix to this notice.

Final Results of Sunset Review

Pursuant to sections 751(c) and 752(c) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average margins of up to 305.56 percent.

Administrative Protective Order

This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely 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 violation which is subject to sanction.

Notification to Interested Parties

We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.218(e)(1)(ii)(C)(2) and 19 CFR 351.221(c)(5)(ii).

Dated: May 31, 2023.

Lisa W. Wang,

Assistant Secretary for Enforcement and Compliance.

Appendix—List of Topics Discussed in the Issues and Decision Memorandum

I. Summary

II. Background

III. Scope of the Order

IV. History of the Order

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or Recurrence of Dumping

2. Magnitude of the Margins Likely to Prevail

VII. Final Results of Sunset Review

VIII. Recommendation

Footnotes

1.   See Antidumping Duty Order: Pure Magnesium in Granular Form from the People's Republic of China,66 FR 57936 (November 19, 2001) ( Order).

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2.   See Initiation of Five-Year (Sunset) Reviews,88 FR 6700 (February 1, 2023).

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3.   See US Magnesium's Letter, “Notice of Intent to Participate in Sunset Review,” dated February 9, 2023.

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4.   Id. at 2.

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5.   See US Magnesium's Letter, “Domestic Industry Substantive Response,” dated February 21, 2023.

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6.   See Commerce's Letter, “Sunset Reviews Initiated on February 1, 2023,” dated March 23, 2023.

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7.   See Memorandum, “Issues and Decision Memorandum for the Final Results of the Fourth Expedited Sunset Review,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

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[FR Doc. 2023-12030 Filed 6-5-23; 8:45 am]

BILLING CODE 3510-DS-P

Legal Citation

Federal Register Citation

Use this for formal legal and research references to the published document.

88 FR 37014

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“Pure Magnesium in Granular Form From the People's Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order,” thefederalregister.org (June 6, 2023), https://thefederalregister.org/documents/2023-12030/pure-magnesium-in-granular-form-from-the-people-s-republic-of-china-final-results-of-expedited-fourth-sunset-review-of-t.