Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 12621 

1See 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). 

2See U.S. Magnesium LLC’s Letter, ‘‘Magnesium 

Metal from the People’s Republic of China/Request 

for Administrative Review,’’ dated April 30, 2020. 

3See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 85 FR 

35068 (June 8, 2020). 

4See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews in Response to Operational 

Adjustments Due to COVID–19,’’ dated April 24, 

2020. 

5See Memorandum, ‘‘Tolling of Deadlines for 

Antidumping and Countervailing Duty 

Administrative Reviews,’’ dated July 21, 2020. 

6The 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. 7The 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). 

8This 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. 

comprised of, but not limited to, the 

following components: Crankcase, 

crankshaft, camshaft, piston(s), and 

connecting rod(s). Importation of these 

components together, whether assembled or 

unassembled, and whether or not 

accompanied by additional components such 

as an oil pan, manifold, cylinder head(s), 

valve train, or valve cover(s), constitutes an 

unfinished engine for purposes of this order. 

The inclusion of other products such as spark 

plugs fitted into the cylinder head or 

electrical devices (e.g., ignition modules, 

ignition coils) for synchronizing with the 

motor to supply tension current does not 

remove the product from the scope. The 

inclusion of any other components not 

identified as comprising the unfinished 

engine subassembly in a third country does 

not remove the engine from the scope. 

The engines subject to this order are 

typically classified in the Harmonized Tariff 

Schedule of the United States (HTSUS) at 

subheadings: 8407.90.1020, 8407.90.1060, 

and 8407.90.1080. The engine subassemblies 

that are subject to this investigation enter 

under HTSUS 8409.91.9990. Engines subject 

to this order may also enter under HTSUS 

8407.90.9060 and 8407.90.9080. The HTSUS 

subheadings are provided for convenience 

and customs purposes only, and the written 

description of the merchandise subject to this 

order is dispositive. 

[FR Doc. 2021–04477 Filed 3–3–21; 8:45 am] 

BILLING CODE 3510–DS–P 

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. 

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). 

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 


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12622 Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 

9See 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. 

10See 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. 

13See 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. 

14See 19 CFR 351.309(c)(1)(ii). 

15See 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). 

16See 19 CFR 351.309(c) and (d); see also 19 CFR 

351.303 (for general filing requirements). 

17See Temporary Rule. 

18See 19 CFR 351.310(c). 

19See 19 CFR 310(d). 

20 See 19 CFR 351.212(b)(1). 

21For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: 

Assessment of Antidumping Duties, 76 FR 65694 

(October 24, 2011). 

convenience and customs purposes, the 

written description of the merchandise 

is dispositive. 

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 noshipments 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

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 nonmarket economy (NME) cases.13

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

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. 

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

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 nonChinese 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. 


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Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Notices 12623 

1See Certain Large Vertical Shaft Engines 

Between 225cc and 999cc, and Parts Thereof, from 

the People’s Republic of China: Final Affirmative 

Determination of Sales at Less Than Fair Value and 

Final Affirmative Critical Circumstances 

Determination, 86 FR 1936 (January 11, 2021) (Final 

Determination), and accompanying Issues and 

Decision Memorandum (IDM). 

2 Id. 

3See ITC Notification Letter, Investigation No. 

701–TA–637 and 731–TA–1471 (Final), dated 

February 24, 2021 (ITC Notification Letter). 

4See section 735(e) of the Act; see also 19 CFR 

351.224(f). 

5See Memorandum, ‘‘Antidumping Duty 

Investigation of Certain Vertical Shaft Engines 

Between 225cc and 999cc, and Parts Thereof, from 

China: Allegation of Ministerial Errors in Final 

Determination of AD Investigation,’’ dated 

concurrently with, and hereby adopted by, this 

notice (Ministerial Error Memorandum). 

6 Id. 

7See ITC Notification Letter. 

8 Id. 

9See Certain Vertical Shaft Engines Between 

225cc and 999cc, and Parts Thereof, From the 

People’s Republic of China: Preliminary Affirmative 

Determination of Sales at Less Than Fair Value, 

Preliminary Affirmative Determination of Critical 

Circumstances, Postponement of Final 

Determination, and Extension of Provisional 

Measures, 85 FR 51015 (August 19, 2020) 

(Preliminary Determination). 

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–119] 

Certain Large Vertical Shaft Engines 

Between 225cc and 999cc, and Parts 

Thereof, From the People’s Republic of 

China: Amended Final Antidumping 

Duty Determination and Antidumping 

Duty Order 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: Based on affirmative final 

determinations by the Department of 

Commerce (Commerce) and the 

International Trade Commission (ITC), 

Commerce is issuing an antidumping 

duty (AD) order on certain large vertical 

shaft engines between 225cc and 999cc, 

and parts thereof (large vertical shaft 

engines) from the People’s Republic of 

China (China). In addition, Commerce is 

amending its final determination to 

correct a ministerial error with respect 

to the final dumping rate determination 

for Loncin Motor Co., Ltd. (Loncin) and, 

therefore, is also amending its final 

determination as to the rate applicable 

to the separate rate companies. 

DATES: Applicable March 4, 2021. 

FOR FURTHER INFORMATION CONTACT: Leo 

Ayala AD/CVD Operations, Office VII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–3945. 

SUPPLEMENTARY INFORMATION: 

Background 

In accordance with sections 735(d) 

and 777(i)(1) of the Tariff Act, as 

amended (the Act), on January 11, 2021, 

Commerce published its Final 

Determination in the less-than-fair-value 

(LTFV) investigation of imports of large 

vertical shaft engines from China.1 On 

January 12, 2021, Commerce received 

ministerial error allegations with respect 

to Loncin in the Final Determination.2

No other party made an allegation of 

ministerial errors. See the ‘‘Analysis of 

Ministerial Error Allegations’’ section of 

this notice for further discussion. After 

reviewing the allegations, we determine 

that the Final Determination included a 

ministerial error with respect to 

Loncin’s final rate determination. 

Therefore, we made certain changes, as 

described below, to the Final 

Determination. 

On February 24, 2021, the ITC 

notified Commerce of its final 

determination, pursuant to section 

735(d) of the Act, that an industry in the 

United States is materially injured 

within the meaning of section 

735(b)(1)(A)(i) of the Act by reason of 

LTFV imports of large vertical shaft 

engines from China.3

Scope of the Order 

The products covered by this order 

are large vertical shaft engines from 

China. For a complete description of the 

scope of this order, see the appendix to 

this notice. 

Amendment to Final Determination 

A ministerial error is defined in 19 

CFR 351.224(f) as ‘‘an error in addition, 

subtraction, or other arithmetic 

function, clerical error resulting from 

inaccurate copying, duplication, or the 

like, and any other similar type of 

unintentional error which the Secretary 

considers ministerial.’’ 4 Pursuant to 19 

CFR 351.224(e), and as explained 

further in the Ministerial Error 

Memorandum 5 issued concurrently 

with this notice, Commerce is amending 

the Final Determination to reflect the 

correction of a ministerial error in the 

final estimated weighted-average 

dumping margin calculated for Loncin.6

Correction of this error changes the final 

rate determined for Loncin, and also 

changes the rate applicable to the 

separate rate companies. 

AD Order 

On February 24, 2021, in accordance 

with section 735(d) of the Act, the ITC 

notified Commerce of its final 

determination in this investigation, in 

which it found that an industry in the 

United States is materially injured by 

reason of imports of large vertical shaft 

engines from China.7 Therefore, in 

accordance with section 735(c)(2) of the 

Act, Commerce is issuing this AD order. 

Because the ITC determined that large 

vertical shaft engines from China are 

materially injuring a U.S. industry, 

unliquidated entries of such 

merchandise from China, entered or 

withdrawn from warehouse for 

consumption, are subject to the 

assessment of antidumping duties. 

Therefore, in accordance with section 

736(a)(1) of the Act, Commerce will 

direct U.S. Customs and Border 

Protection (CBP) to assess, upon further 

instruction by Commerce, antidumping 

duties equal to the amount by which the 

normal value of the merchandise 

exceeds the export price (or constructed 

export price) of the merchandise, for all 

relevant entries of large vertical shaft 

engines from China. In addition, the ITC 

made a negative finding concerning 

critical circumstances with regard to 

imports of large vertical engines from 

China that are sold in the United States 

at LTFV. As a result, these imports will 

not be subject to retroactive 

antidumping duties.8 With the 

exception of entries occurring after the 

expiration of the provisional measures 

period and before publication of the 

ITC’s final affirmative injury 

determinations, as further described 

below, antidumping duties will be 

assessed on unliquidated entries of large 

vertical shaft engines entered, or 

withdrawn from warehouse, for 

consumption, on or after August 19, 

2020, the date of publication of the 

Preliminary Determination.9

Suspension of Liquidation 

Except as noted in the ‘‘Provisional 

Measures’’ section of this notice, in 

accordance with section 735(c)(1)(B) of 

the Act, Commerce will instruct CBP to 

continue to suspend liquidation on all 

relevant entries of large vertical shaft 

engines from China. These instructions 


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