SUPPLEMENTARY INFORMATION:

Background

On January 21, 2025, Commerce published its Final Results in the AD ( printed page 56127) review of pure magnesium from China.^[1] Commerce calculated a weighted-average dumping margin of 25.26 percent.^[2]

On March 13, 2026, the Court sustained, in part, and remanded, in part, the Final Results .^[3] In its remand redetermination, issued on June 10, 2026, Commerce reconsidered its surrogate value selection for electricity and relied on the national average of industrial electricity rates from the Turkish Statistical Institute.^[4] On April 11, 2026, MMC filed a motion for reconsideration of the Court's opinion and order. On May 18, 2026, the defendant filed its response in opposition to the motion. The Court denied MMC's motion for reconsideration ^[5] and sustained Commerce's final redetermination.^[6]

Timken Notice

In its decision in Timken,^[7] as clarified by Diamond Sawblades,^[8] the U.S. Court of Appeals for the Federal Circuit held that, pursuant to sections 516A(c) and (e) of the Tariff Act of 1930, as amended (the Act), Commerce must publish a notice of court decision that is not “in harmony” with a Commerce determination and must suspend liquidation of entries pending a “conclusive” court decision. The Court's August 14, 2026, judgment constitutes a final decision of the CIT that is not in harmony with Commerce's Final Results. Thus, this notice is published in fulfillment of the publication requirements of Timken.

Amended Final Determination

Because there is now a final court judgment, Commerce is amending its Final Results with respect to MMC as follows:

Cash Deposit Requirements

Because MMC does not have a superseding cash deposit rate, i.e., there have not been final results published in a subsequent administrative review, Commerce will issue revised cash deposit instructions to U.S. Customs and Border Protection (CBP).

Liquidation of Suspended Entries

At this time, Commerce remains enjoined by CIT order from liquidating entries that: (1) were exported by Tianjin Magnesium International Co., Ltd. or Tianjin Magnesium Metal Co., Ltd.; (2) were the subject of the Final Results; (3) were entered, or withdrawn from warehouse, for consumption, during the period May 1, 2022, through April 30, 2023. These entries will remain enjoined pursuant to the terms of the injunction during the pendency of any appeals process.

In the event the Court's ruling is not appealed, or, if appealed, upheld by a final and conclusive court decision, in accordance with 19 CFR 351.212(b), Commerce intends to instruct CBP to assess antidumping duties on unliquidated entries of subject merchandise that: (1) were exported by Tianjin Magnesium International Co., Ltd. or Tianjin Magnesium Metal Co., Ltd.; (2) were the subject of the Final Results; (3) were entered, or withdrawn from warehouse, for consumption, during the period May 1, 2022, through April 30, 2023. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific ad valorem assessment rate is not zero or de minimis. Where an importer-specific ad valorem assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.^[11]

Notification to Interested Parties

This notice is issued and published in accordance with sections 516A(c) and (e), and 777(i)(1) of the Act.

91 FR 56126