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[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100967-100969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29326]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]

Pure Magnesium From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2022-2023

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

SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an 
administrative review of the antidumping duty order on pure magnesium 
from the People's Republic of China (China). We determine that Tianjin 
Magnesium Metal Co., Ltd. (MMC) and Tianjin Magnesium International 
Co., Ltd. (TMI) made sales at less than normal value (NV) during the 
period of review (POR) May 1, 2022, through April 30, 2023.

DATES: Applicable December 13, 2024.

FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.

SUPPLEMENTARY INFORMATION:

Background

    On June 5, 2024, Commerce published the Preliminary Results in the 
Federal Register and invited interested parties to comment.\1\ On July 
22, 2024, Commerce tolled certain deadlines in this administrative 
proceeding by seven days.\2\ On September 24, 2024,

[[Page 100968]]

Commerce extended the final results by 25 days until November 14, 
2024.\3\ On November 8, 2024, Commerce extended the final results by 22 
days until December 6, 2024.\4\ For a complete description of the 
events that occurred since the Preliminary Results, see the Issues and 
Decision Memorandum.\5\
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Administrative Review; 2022-2023, 
89 FR 48149 (June 5, 2024) (Preliminary Results) and accompanying 
Preliminary Decision Memorandum (PDM).
    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Proceedings,'' dated July 22, 2024.
    \3\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated September 24, 2024.
    \4\ See Memorandum, ``Extension of Deadline for Final Results of 
Antidumping Duty Administrative Review,'' dated November 8, 2024.
    \5\ See Memorandum, ``Issues and Decision Memorandum for Pure 
Magnesium from the People's Republic of China; 2022-2023,'' dated 
concurrently with, and hereby adopted by, this notice (Issues and 
Decision Memorandum).
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Scope of the Order 6
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    \6\ 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) (Order).
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    The product covered by the Order is pure magnesium from China, 
regardless of chemistry, form or size, unless expressly excluded from 
the scope of the Order. For a complete description of the scope of the 
Order, see the Issues and Decision Memorandum.

Analysis of Comments Received

    The issues raised by MMC/TMI and the petitioner in their case and 
rebuttal briefs are listed in the appendix to this notice and addressed 
in the Issues and Decision Memorandum. 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. In addition, a complete 
version of the Issues and Decision Memorandum can be accessed at 
https://access.trade.gov/public/FRNoticesListLayout.aspx.

Changes Since the Preliminary Results

    Based on our review and analysis of the comments received from the 
interested parties, we made several changes to the Preliminary Results 
margin calculation for MMC/TMI which resulted in a change to its 
preliminary margin.

The China-Wide Entity

    In accordance with Commerce's policy, the China-wide entity will 
not be under review unless a party specifically requests, or Commerce 
self-initiates, a review of the China-wide entity.\7\ As stated in the 
Preliminary Results, because no party requested a review of the China-
wide entity, and Commerce did not self-initiate a review of the entity, 
the entity is not under review, and the entity's rate, i.e., 111.73 
percent, is not subject to change.\8\ Moreover, we determine that MMC/
TMI is eligible for a separate rate and thus not part of the China-wide 
entity.\9\
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    \7\ See Antidumping Proceedings: Announcement of Change in 
Department Practice for Respondent Selection in Antidumping Duty 
Proceedings and Conditional Review of the Nonmarket Economy Entity 
in NME Antidumping Duty Proceedings, 78 FR 65963, 65969-70 (November 
4, 2013).
    \8\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010) (Pure Magnesium 2008-2009 Final); see also Preliminary 
Results, 89 FR at 48150.
    \9\ In the 2011-2012 administrative review, Commerce collapsed 
both TMI and MMC into a single entity. See Pure Magnesium from the 
People's Republic of China: Final Results of Antidumping Duty 
Administrative Review; 2011-2012, 79 FR 94 (January 2, 2014), and 
accompanying Issues and Decision Memorandum at fn 1. Because there 
is no information on the record of this administrative review that 
would lead us to revisit this determination, we are continuing to 
treat these companies as part of a single entity for the purposes of 
this administrative review.
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Final Results of Review

    Commerce determines that the following estimated weighted-average 
dumping margins exist for the period May 1, 2022, through April 30, 
2023:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                          Exporter                             dumping
                                                                margin
                                                              (percent)
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Tianjin Magnesium International Co., Ltd./Tianjin Magnesium       32.60
 Metal Co., Ltd............................................
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Disclosure

    Commerce intends to disclose to parties to the proceeding the 
calculations performed for these final results of review within five 
days of the date of publication of this notice in the Federal Register 
in accordance with 19 CFR 351.224(b).

Assessment Rates

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and CBP shall assess, 
antidumping duties on all appropriate entries of subject merchandise in 
accordance with these final results of review. Commerce intends to 
issue assessment instructions to CBP no earlier than 35 days after the 
date of publication of these final results 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).
    For MMC/TMI, which have a final weighted-average dumping margin 
that is not zero or de minimis (i.e., less than 0.5 percent), we will 
calculate importer-specific assessment rates, in accordance with 19 CFR 
351.212(b)(1). Pursuant to 19 CFR 351.212(b)(1), where the respondent 
reported the entered value of its U.S. sales, we will calculate 
importer-specific ad valorem assessment rates based on the ratio of the 
total amount of dumping calculated for the examined sales to the total 
entered value of the sales for which entered value was reported. Where 
the respondent did not report entered value, we will calculate 
importer-specific per-unit duty assessment rates based on the ratio of 
the total amount of antidumping duties calculated for the examined 
sales to the total quantity of those sales. To determine whether an 
importer-specific per-unit assessment rate is de minimis in accordance 
with 19 CFR 351.106(c)(2), we will also calculate an importer-specific 
ad valorem ratio based on estimated entered values.
    Pursuant to a refinement in our non-market economy practice, for 
sales that were not reported in the U.S. sales data submitted by MMC/
TMI, we will instruction CBP to liquidate entries associated with those 
sales at the rate for the China-wide entity.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of the 
subject merchandise from China entered, or withdrawn from warehouse, 
for consumption on or after the publication date, as provided by 
section 751(a)(2)(C) of the Act: (1) for MMC/TMI, which has a separate 
rate, the cash deposit rate will be the rate established in these final 
results of review; (2) for previously investigated or reviewed Chinese 
and non-Chinese exporters not listed above that received a separate 
rate in a prior segment of this proceeding, the cash deposit rate will 
continue to be the existing exporter-specific rate; (3) for all Chinese 
exporters of subject merchandise that have not been found to be 
entitled to a separate rate, the cash deposit rate will be that for the 
China-wide entity (i.e., 111.73 percent \10\); and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash deposit

[[Page 100969]]

rate will be the rate applicable to the Chinese exporter that supplied 
that non-Chinese exporter. These deposit requirements, when imposed, 
shall remain in effect until further notice.
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    \10\ See Pure Magnesium 2008-2009 Final, 75 FR 80791.
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Notification to Importers

    This notice serves as a final 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.

Administrative Protective Order (APO)

    This notice also serves as a reminder to parties subject to an APO 
of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
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

    This notice is issued and published in accordance with sections 
751(a) and 777(i) of the Act, and 19 CFR 351.213(h) and 19 CFR 
351.221(b)(5).

    Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy 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. Changes Since the Preliminary Results
V. Discussion of Issues
    Comment 1: Whether the Republic of T[uuml]rkiye is the 
Appropriate Surrogate Country
    Comment 2: Differential Pricing Analysis Should Not Apply
    Comment 3: Ministerial Errors
VI. Recommendation

[FR Doc. 2024-29326 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
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