[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Notices]
[Pages 12621-12623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04412]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Preliminary 
Results of Antidumping Administrative Review; 2019-20

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty (AD) order on magnesium 
metal from the People's Republic of China (China). The period of review 
(POR) is April 1, 2019, through March 31, 2020. Commerce preliminarily 
determines that Tianjin Magnesium International Co., Ltd. (TMI) and 
Tianjin Magnesium Metal Co., Ltd. (TMM) did not have reviewable entries 
during the POR. We invite interested parties to comment on these 
preliminary results.

DATES: Applicable March 4, 2021.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, 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) 482-5449.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2020, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on magnesium metal from China for the POR.\1\ On June 8, 2020, in 
response to a timely request from the petitioner,\2\ and in accordance 
with section 751(a) of the Tariff Act of 1930, as amended (the Act), 
and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of 
the Order with respect to TMI and TMM.\3\ On April 24, 2020, Commerce 
tolled all deadlines for administrative reviews by 50 days.\4\ On July 
21, 2020, Commerce tolled all deadlines in administrative reviews by an 
additional 60 days.\5\ The deadline for the preliminary results of this 
review is now March 1, 2021.
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 85 FR 18191 (April 1, 2020); see also Notice of Antidumping 
Duty Order: Magnesium Metal From the People's Republic of China, 70 
FR 19928 (April 15, 2005) (Order).
    \2\ See U.S. Magnesium LLC's Letter, ``Magnesium Metal from the 
People's Republic of China/Request for Administrative Review,'' 
dated April 30, 2020.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 85 FR 35068 (June 8, 2020).
    \4\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
    \5\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews,'' dated July 21, 2020.
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Scope of the Order

    The product covered by the 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 
the 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'' \6\ and are thus outside the scope of the existing antidumping 
orders on magnesium from China (generally referred to as ``alloy'' 
magnesium).
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    \6\ 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.
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    The scope of the 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''; \7\ (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.\8\ 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

[[Page 12622]]

convenience and customs purposes, the written description of the 
merchandise is dispositive.
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    \7\ 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).
    \8\ 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); see also Final Determination of Sales at Less 
Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 
27, 2001); and, 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.
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Preliminary Determination of No Shipments

    We received timely submissions from TMI and TMM certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\9\ On February 2, 2021, we 
requested the U.S. Customs and Border Protection (CBP) data file of 
entries of subject merchandise imported into the United States during 
the POR, and exported by TMM and/or TMI.\10\ This query returned no 
entries during the POR.\11\ Additionally, on February 4, 2021, Commerce 
submitted a no-shipments inquiry to CBP with regard to TMI and TMM, to 
which CBP responded that it found no shipments of subject merchandise 
by TMI and TMM during the POR.\12\
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    \9\ See TMI's Letter, ``Magnesium Metal from the People's 
Republic of China; A-570-896; No Shipment Certification,'' dated 
June 15, 2020; see also TMM's Letter, ``Magnesium Metal from the 
People's Republic of China; A-570-896; No Shipment Certification,'' 
dated June 15, 2020.
    \10\ See Memorandum, ``2019-2020 Administrative Review of 
Magnesium Metal from the People's Republic of China, U.S. Customs 
and Border Protection Data,'' dated February 19, 2021 at Attachment 
1.
    \11\ Id. at Attachment 2.
    \12\ Id. at Attachment 3; see also ``Magnesium Metal from China; 
No Shipment Inquiry for Tianjin Magnesium International Co., Ltd and 
Tianjin Magnesium Metal Co., Ltd. during the period 04/01/2019 
through 03/31/2020,'' dated February 24, 2021.
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    Accordingly, and consistent with our practice, we preliminarily 
determine that TMI and TMM had no shipments and, therefore, no 
reviewable entries during the POR. In addition, we find it is not 
appropriate to rescind the review with respect to these companies, but 
rather to complete the review with respect to TMI and TMM and issue 
appropriate instructions to CBP based on the final results of the 
review, consistent with our practice in non-market economy (NME) 
cases.\13\
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    \13\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016), and the ``Assessment Rates'' section, 
below.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\14\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\15\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\16\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\17\
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    \14\ See 19 CFR 351.309(c)(1)(ii).
    \15\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \16\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \17\ See Temporary Rule.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\18\ Requests should 
contain: (1) The party's name, address, the telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held.\19\ Commerce intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.
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    \18\ See 19 CFR 351.310(c).
    \19\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\20\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). Pursuant to Commerce's practice in NME cases, if we 
continue to determine in the final results that TMI and TMM had no 
shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR from these companies will be liquidated at 
the China-wide rate.\21\
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    \20\ See 19 CFR 351.212(b)(1).
    \21\ For a full discussion of this practice, 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 upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For TMI, which claimed no shipments, the cash deposit rate 
will remain unchanged from the rate assigned to TMI 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 (including TMM, which claimed no shipments, 
but has not been found to be separate from China-wide entity), the cash 
deposit rate will be China-wide rate of 141.49 percent; 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 
Chinese exporter(s) that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.

Notification to Importers

    This notice also serves as a preliminary 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 review period. Failure to comply 
with this requirement could result in Commerce's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

[[Page 12623]]

Notification to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: February 25, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-04412 Filed 3-3-21; 8:45 am]
BILLING CODE 3510-DS-P