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###### International Trade Commission

          - [Investigation No. 731-TA-696 (Fifth Review)]

# AGENCY:

United States International Trade Commission.

# ACTION:

Notice.

# SUMMARY:

The Commission hereby gives notice that it has instituted a review pursuant to the Tariff Act of 1930 (“the Act”), as amended, to determine whether revocation of the antidumping duty order on pure magnesium from China would be likely to lead to continuation or recurrence of material injury. Pursuant to the Act, interested parties are requested to respond to this notice by submitting the information specified below to the Commission.

# DATES:

Instituted March 1, 2022. To be assured of consideration, the deadline for responses is March 31, 2022. Comments on the adequacy of responses may be filed with the Commission by May 16, 2022.

# FOR FURTHER INFORMATION CONTACT:

                        Charles Cummings (202-708-1666), Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special                               ( print page 11473)                            assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (                        *https://www.usitc.gov*). The public record for this proceeding may be viewed on the Commission's electronic docket (EDIS) at                         *https://edis.usitc.gov.*

# SUPPLEMENTARY INFORMATION:

*Background.*                    —On May 12, 1995, the Department of Commerce (“Commerce”) issued an antidumping duty order on imports of pure magnesium from China (60 FR 25691). Commerce issued a continuation of the antidumping duty order on pure magnesium from China following Commerce's and the Commission first five-year reviews, effective October 27, 2000 (65 FR 64422), second five-year reviews, effective July 10, 2006 (71 FR 38860), third five-year reviews, effective November 22, 2011 (76 FR 72172), and fourth five-year reviews, effective April 17, 2017 (82 FR 18114). The Commission is now conducting a fifth review pursuant to section 751(c) of the Act, as amended (19 U.S.C. 1675(c)), to determine whether revocation of the order would be likely to lead to continuation or recurrence of material injury to the domestic industry within a reasonably foreseeable time. Provisions concerning the conduct of this proceeding may be found in the Commission's Rules of Practice and Procedure at 19 CFR part 201, subparts A and B, and 19 CFR part 207, subparts A and F. The Commission will assess the adequacy of interested party responses to this notice of institution to determine whether to conduct a full review or an expedited review. The Commission's determination in any expedited review will be based on the facts available, which may include information provided in response to this notice.                

*Definitions.*                    —The following definitions apply to this review:                

                    (1)                     *Subject Merchandise*                     is the class or kind of merchandise that is within the scope of the five-year review, as defined by the Department of Commerce.                

                    (2) The                     *Subject Country*                     in this review is China.                

                    (3) The                     *Domestic Like Product*                     is the domestically produced product or products which are like, or in the absence of like, most similar in characteristics and uses with, the                     *Subject Merchandise.*                     In the original determinations underlying this review, the Commission found the two classes or kinds of subject merchandise in the scope—pure and alloy magnesium—to be separate                     *Domestic Like Products.*                     The Commission found that a domestic industry was materially injured by reason of subject imports of pure magnesium but reached a negative determination with respect to imports of alloy magnesium. In its expedited first five-year review of this order, the Commission defined the                     *Domestic Like Product*                     as pure magnesium, coextensive with the scope. In its full second five-year review of this order, the Commission was evenly divided on the question of whether to define the                     *Domestic Like Product*                     more broadly than Commerce's scope to include alloy magnesium. The three Commissioners that found the                     *Domestic Like Product*                     consisted of pure and alloy magnesium also found that primary and secondary magnesium, and ingot (cast) and granular magnesium, were part of the                     *Domestic Like Product, i.e.,*                     they expanded the                     *Domestic Like Product*                     to encompass alloy magnesium, secondary magnesium, and granular magnesium. The other three Commissioners did not broaden the                     *Domestic Like Product*                     and defined it as pure magnesium, coextensive with the scope. In its expedited third and fourth five-year reviews of this order, the Commission defined the                     *Domestic Like Product*                     more broadly than Commerce's scope, as consisting of pure and alloy magnesium, including primary and secondary magnesium, and ingot (cast) and granular magnesium. For purposes of responding to the items in this notice, please provide the requested information separately for the following two possible definitions: (1) All pure magnesium ingot, including off-spec pure magnesium, and (2) pure and alloy magnesium, including primary and secondary magnesium, and magnesium in ingot (cast) and granular form.                

                    (4) The                     *Domestic Industry*                     is the U.S. producers as a whole of the                     *Domestic Like Product,*                     or those producers whose collective output of the                     *Domestic Like Product*                     constitutes a major proportion of the total domestic production of the product. In the original determination and the expedited first five-year review determination, the Commission defined the                     *Domestic Industry*                     as consisting of all domestic producers of pure magnesium. In its full second five-year review, those Commissioners who defined the                     *Domestic Like Product*                     as including pure and alloy magnesium defined the                     *Domestic Industry*                     as consisting of the domestic producers of pure and alloy magnesium, including primary and secondary magnesium, and magnesium in ingot and granular form, including grinders. Those Commissioners who defined the                     *Domestic Like Product*                     as pure magnesium defined the                     *Domestic Industry*                     producing pure magnesium as consisting of the sole domestic producer of pure magnesium at that time, U.S. Magnesium. In the expedited third and fourth five-year reviews of this order, the Commission defined the                     *Domestic Industry*                     as consisting of all domestic producers of pure and alloy magnesium, including primary and secondary magnesium, and magnesium in ingot and granular form. For purposes of responding to the items in this notice, please provide the requested information separately for two possible definitions of the                     *Domestic Industry:*                     (1) All producers of pure magnesium ingot, including off-spec pure magnesium and (2) all producers of pure and alloy magnesium, including primary and secondary magnesium, and magnesium in ingot and granular form.                

                    (5) An                     *Importer*                     is any person or firm engaged, either directly or through a parent company or subsidiary, in importing the                     *Subject Merchandise*                     into the United States from a foreign manufacturer or through its selling agent.                

*Participation in the proceeding and public service list.*                    —Persons, including industrial users of the                     *Subject Merchandise*                     and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the proceeding as parties must file an entry of appearance with the Secretary to the Commission, as provided in § 201.11(b)(4) of the Commission's rules, no later than 21 days after publication of this notice in the                     **Federal Register**                    . The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the proceeding.                

                    Former Commission employees who are seeking to appear in Commission five-year reviews are advised that they may appear in a review even if they participated personally and substantially in the corresponding underlying original investigation or an earlier review of the same underlying investigation. The Commission's designated agency ethics official has advised that a five-year review is not the same particular matter as the underlying original investigation, and a five-year review is not the same particular matter as an earlier review of the same underlying investigation for purposes of 18 U.S.C. 207, the post-employment statute for Federal employees, and Commission rule 201.15(b) (19 CFR 201.15(b)), 79 FR 3246 (Jan. 17, 2014), 73 FR 24609 (May 5, 2008).                           ( print page 11474)                        Consequently, former employees are not required to seek Commission approval to appear in a review under Commission rule 19 CFR 201.15, even if the corresponding underlying original investigation or an earlier review of the same underlying investigation was pending when they were Commission employees. For further ethics advice on this matter, contact Charles Smith, Office of the General Counsel, at 202-205-3408.                

*Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and APO service list.*                    —Pursuant to § 207.7(a) of the Commission's rules, the Secretary will make BPI submitted in this proceeding available to authorized applicants under the APO issued in the proceeding, provided that the application is made no later than 21 days after publication of this notice in the                     **Federal Register**                    . Authorized applicants must represent interested parties, as defined in 19 U.S.C. 1677(9), who are parties to the proceeding. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.                

*Certification.*                    —Pursuant to § 207.3 of the Commission's rules, any person submitting information to the Commission in connection with this proceeding must certify that the information is accurate and complete to the best of the submitter's knowledge. In making the certification, the submitter will acknowledge that information submitted in response to this request for information and throughout this proceeding or other proceeding may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. appendix 3; or (ii) by U.S. government employees and contract personnel, solely for cybersecurity purposes. All contract personnel will sign appropriate nondisclosure agreements.                

*Written submissions.*                    —Pursuant to § 207.61 of the Commission's rules, each interested party response to this notice must provide the information specified below. The deadline for filing such responses is March 31, 2022. Pursuant to § 207.62(b) of the Commission's rules, eligible parties (as specified in Commission rule 207.62(b)(1)) may also file comments concerning the adequacy of responses to the notice of institution and whether the Commission should conduct an expedited or full review. The deadline for filing such comments is May 16, 2022. All written submissions must conform with the provisions of § 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of §§ 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's                     *Handbook on Filing Procedures,*                     available on the Commission's website at                     *https://www.usitc.gov/​documents/​handbook_​on_​filing_​procedures.pdf,*                     elaborates upon the Commission's procedures with respect to filings. Also, in accordance with §§ 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the proceeding must be served on all other parties to the proceeding (as identified by either the public or APO service list as appropriate), and a certificate of service must accompany the document (if you are not a party to the proceeding you do not need to serve your response).                

                    Please note the Secretary's Office will accept only electronic filings at this time. Filings must be made through the Commission's Electronic Document Information System (EDIS,                     *https://edis.usitc.gov*). No in-person paper-based filings or paper copies of any electronic filings will be accepted until further notice.                

No response to this request for information is required if a currently valid Office of Management and Budget (“OMB”) number is not displayed; the OMB number is 3117 0016/USITC No. 22-5-520, expiration date June 30, 2023. Public reporting burden for the request is estimated to average 15 hours per response. Please send comments regarding the accuracy of this burden estimate to the Office of Investigations, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436.

*Inability to provide requested information.*                    —Pursuant to § 207.61(c) of the Commission's rules, any interested party that cannot furnish the information requested by this notice in the requested form and manner shall notify the Commission at the earliest possible time, provide a full explanation of why it cannot provide the requested information, and indicate alternative forms in which it can provide equivalent information. If an interested party does not provide this notification (or the Commission finds the explanation provided in the notification inadequate) and fails to provide a complete response to this notice, the Commission may take an adverse inference against the party pursuant to § 776(b) of the Act (19 U.S.C. 1677e(b)) in making its determination in the review.                

Information To Be Provided in Response to This Notice of Institution: Please provide the requested information separately for each of the following two definitions: (1) All pure magnesium ingot, including off-spec pure magnesium and (2) pure and alloy magnesium, including primary and secondary magnesium, and magnesium in ingot and granular form. As used below, the term “firm” includes any related firms.

(1) The name and address of your firm or entity (including World Wide Web address) and name, telephone number, fax number, and Email address of the certifying official.

                    (2) A statement indicating whether your firm/entity is an interested party under 19 U.S.C. 1677(9) and if so, how, including whether your firm/entity is a U.S. producer of the                     *Domestic Like Product,*                     a U.S. union or worker group, a U.S. importer of the                     *Subject Merchandi*                    se, a foreign producer or exporter of the                     *Subject Merchandise,*                     a U.S. or foreign trade or business association (a majority of whose members are interested parties under the statute), or another interested party (including an explanation). If you are a union/worker group or trade/business association, identify the firms in which your workers are employed or which are members of your association.                

(3) A statement indicating whether your firm/entity is willing to participate in this proceeding by providing information requested by the Commission.

                    (4) A statement of the likely effects of the revocation of the antidumping duty order on the                     *Domestic Industry*                     in general and/or your firm/entity specifically. In your response, please discuss the various factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) including the likely volume of subject imports, likely price effects of subject imports, and likely impact of imports of                     *Subject Merchandise*                     on the                     *Domestic Industry.*

                    (5) A list of all known and currently operating U.S. producers of the                     *Domestic Like Product.*                     Identify any known related parties and the nature of the relationship as defined in § 771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).                

                    (6) A list of all known and currently operating U.S. importers of the                     *Subject Merchandise*                     and producers of the                     *Subject Merchandise*                     in the                     *Subject Country*                     that currently export or have exported                     *Subject Merchandise*                     to the                           ( print page 11475)                        United States or other countries after 2015.                

                    (7) A list of 3-5 leading purchasers in the U.S. market for the                     *Domestic Like Product*                     and the                     *Subject Merchandise*                     (including street address, World Wide Web address, and the name, telephone number, fax number, and Email address of a responsible official at each firm).                

                    (8) A list of known sources of information on national or regional prices for the                     *Domestic Like Product*                     or the                     *Subject Merchandise*                     in the U.S. or other markets.                

                    (9) If you are a U.S. producer of the                     *Domestic Like Product,*                     provide the following information on your firm's operations on that product during calendar year 2021, except as noted (report quantity data in metric tons and value data in U.S. dollars, f.o.b. plant). If you are a union/worker group or trade/business association, provide the information, on an aggregate basis, for the firms in which your workers are employed/which are members of your association.                

                    (a) Production (quantity) and, if known, an estimate of the percentage of total U.S. production of the                     *Domestic Like Product*                     accounted for by your firm's(s') production;                

                    (b) Capacity (quantity) of your firm to produce the                     *Domestic Like Product*                     (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix);                

                    (c) the quantity and value of U.S. commercial shipments of the                     *Domestic Like Product*                     produced in your U.S. plant(s);                

                    (d) the quantity and value of U.S. internal consumption/company transfers of the                     *Domestic Like Product*                     produced in your U.S. plant(s); and                

                    (e) the value of (i) net sales, (ii) cost of goods sold (COGS), (iii) gross profit, (iv) selling, general and administrative (SG&A) expenses, and (v) operating income of the                     *Domestic Like Product*                     produced in your U.S. plant(s) (include both U.S. and export commercial sales, internal consumption, and company transfers) for your most recently completed fiscal year (identify the date on which your fiscal year ends).                

                    (10) If you are a U.S. importer or a trade/business association of U.S. importers of the                     *Subject Merchandise*                     from the                     *Subject Country,*                     provide the following information on your firm's(s') operations on that product during calendar year 2021 (report quantity data in metric tons and value data in U.S. dollars). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.                

                    (a) The quantity and value (landed, duty-paid but not including antidumping duties) of U.S. imports and, if known, an estimate of the percentage of total U.S. imports of                     *Subject Merchandise*                     from the                     *Subject Country*                     accounted for by your firm's(s') imports;                

                    (b) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. commercial shipments of                     *Subject Merchandise*                     imported from the                     *Subject Country;*                     and                

                    (c) the quantity and value (f.o.b. U.S. port, including antidumping duties) of U.S. internal consumption/company transfers of                     *Subject Merchandise*                     imported from the                     *Subject Country.*

                    (11) If you are a producer, an exporter, or a trade/business association of producers or exporters of the                     *Subject Merchandise*                     in the                     *Subject Country,*                     provide the following information on your firm's(s') operations on that product during calendar year 2021 (report quantity data in metric tons and value data in U.S. dollars, landed and duty-paid at the U.S. port but not including antidumping duties). If you are a trade/business association, provide the information, on an aggregate basis, for the firms which are members of your association.                

                    (a) Production (quantity) and, if known, an estimate of the percentage of total production of                     *Subject Merchandise*                     in the                     *Subject Country*                     accounted for by your firm's(s') production;                

                    (b) Capacity (quantity) of your firm(s) to produce the                     *Subject Merchandise*                     in the                     *Subject Country*                     (that is, the level of production that your establishment(s) could reasonably have expected to attain during the year, assuming normal operating conditions (using equipment and machinery in place and ready to operate), normal operating levels (hours per week/weeks per year), time for downtime, maintenance, repair, and cleanup, and a typical or representative product mix); and                

                    (c) the quantity and value of your firm's(s') exports to the United States of                     *Subject Merchandise*                     and, if known, an estimate of the percentage of total exports to the United States of                     *Subject Merchandise*                     from the                     *Subject Country*                     accounted for by your firm's(s') exports.                

                    (12) Identify significant changes, if any, in the supply and demand conditions or business cycle for the                     *Domestic Like Product*                     that have occurred in the United States or in the market for the                     *Subject Merchandise*                     in the                     *Subject Country*                     after 2015, and significant changes, if any, that are likely to occur within a reasonably foreseeable time. Supply conditions to consider include technology; production methods; development efforts; ability to increase production (including the shift of production facilities used for other products and the use, cost, or availability of major inputs into production); and factors related to the ability to shift supply among different national markets (including barriers to importation in foreign markets or changes in market demand abroad). Demand conditions to consider include end uses and applications; the existence and availability of substitute products; and the level of competition among the                     *Domestic Like Product*                     produced in the United States,                     *Subject Merchandise*                     produced in the                     *Subject Country,*                     and such merchandise from other countries.                

                    (13) (                    *OPTIONAL*) A statement of whether you agree with the above definitions of the                     *Domestic Like Product*                     and                     *Domestic Industry;*                     if you disagree with either or both of these definitions, please explain why and provide alternative definitions.                

*Authority:*                     This proceeding is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to § 207.61 of the Commission's rules.                

By order of the Commission.

Issued: February 23, 2022.

Lisa Barton,

Secretary to the Commission.

[FR Doc. 2022-04202 Filed 2-28-22; 8:45 am]

BILLING CODE 7020-02-P