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[Federal Register Volume 90, Number 12 (Tuesday, January 21, 2025)]
[Notices]
[Pages 7078-7080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01304]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]

Pure Magnesium From the People's Republic of China: Amended 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 amending the 
final results of the administrative review of the antidumping duty 
order on pure magnesium from the People's Republic of China (China). 
The period of review is May 1, 2022, through April 30, 2023.

DATES: Applicable January 21, 2025.

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 December 13, 2024, Commerce published the Final Results of the 
2022-2023 administrative review of pure magnesium from China.\1\ On 
December 13, 2024, Commerce received a timely filed allegation of 
ministerial errors from Tianjin Magnesium Metal Co., Ltd. (MMC) 
concerning the Final Results.\2\ On December 16, 2024, we received 
comments concerning a ministerial error in the final margin calculation 
from US Magnesium LLC, (the petitioner).\3\ The review covers MMC and 
its affiliate, Tianjin Magnesium International Co., Ltd. (TMI).\4\
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    \1\ See Pure Magnesium From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review; 2022-2023, 
89 FR 100967 (December 13, 2024) (Final Results), and accompanying 
Issues and Decision Memorandum (IDM).
    \2\ See MMC's Letter, ``Ministerial Error Allegations,'' dated 
December 13, 2024 (MMC Ministerial Allegation).
    \3\ See Petitioner's Letter, ``Petitioner's Submission of 
Ministerial Error Comments,'' dated December 16, 2024 (Petitioner 
Ministerial Allegation).
    \4\ In the 2011-2012 administrative review, Commerce collapsed 
both TMI and MMC into a single entity. See Final Results IDM at 2.
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Legal Framework

    Section 751(h) of the Tariff Act of 1930, as amended (the Act) and 
19 CFR 351.224(f) define a ``ministerial error'' as including ``errors 
in addition, subtraction, or other arithmetic function, clerical errors 
resulting from inaccurate copying, duplication, or the

[[Page 7079]]

like, and any other unintentional error which the administering 
authority considers ministerial.'' With respect to final results of 
administrative reviews, 19 CFR 351.224(e) provides that Commerce ``will 
analyze any comments received and, if appropriate, correct any 
ministerial error by amending . . . the final results of review . . .''

Ministerial Errors

    Commerce reviewed the record, and we agree that the errors alleged 
by MMC and the petitioner constitute ministerial errors within the 
meaning of section 751(h) of the Act and 19 CFR 351.224(f). 
Specifically, with regard to MMC's allegations, we find that we made 
inadvertent errors relating to the calculation of transportation costs 
for packing materials and for the calculation of revised brokerage and 
handling expenses.\5\ We also agree with the petitioner that Commerce 
should have multiplied the labor fields by their relevant surrogate 
values.\6\ Pursuant to 19 CFR 351.224(e), Commerce is amending the 
Final Results to reflect the correction of the ministerial errors, as 
described in the Ministerial Error Memorandum.\7\ Based on the 
corrections, MMC's final dumping margin has changed from 32.60 percent 
to 25.26 percent. The amended estimated weighted-average dumping 
margins are listed in the ``Amended Final Results of Review'' section 
below. For a complete discussion of the ministerial error allegations, 
as well as Commerce's analysis, see the accompanying Ministerial Error 
Memorandum. The Ministerial Error Memorandum is on file electronically 
via ACCESS. ACCESS is available to registered users at https://access.trade.gov.
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    \5\ See MMC Ministerial Allegation at 1-2.
    \6\ See Petitioner Ministerial Allegation at 1-2.
    \7\ See Memorandum, ``Analysis of Ministerial Error 
Allegations,'' dated concurrently with this notice (Ministerial 
Error Memorandum).
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Amended Final Results of Review

    As a result of correcting the ministerial errors, Commerce 
determines that the following weighted-average dumping margin exists 
for the period May 1, 2022, through April 30, 2023:

------------------------------------------------------------------------
                                              Weighted- average dumping
                 Exporter                         margin (percent)
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Tianjin Magnesium International Co., Ltd./  25.26
 Tianjin Magnesium Metal Co., Ltd.
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Disclosure

    Commerce intends to disclose the calculations performed in 
connection with these amended final results of review to interested 
parties within five days after public announcement of the amended final 
results or, if there is no public announcement, within five days of the 
date of publication of the notice of amended final results in the 
Federal Register, in accordance with 19 CFR 351.224(b).

Assessment Rate

    Pursuant to section 751(a)(2)(C) of the Act and 19 CFR 
351.212(b)(1), Commerce has determined, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries of subject merchandise in accordance with these amended final 
results of the administrative review.
    For MMC/TMI, which have a final amended 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 (i.e., 111.73 percent).\8\
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    \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).
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    The amended final results of this review shall be the basis for the 
assessment of antidumping duties on entries of merchandise covered by 
the amended final results of this review and for future deposits of 
estimated duties, where applicable.\9\
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    \9\ See section 751(a)(2)(C) of the Act.
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    Commerce intends to issue assessment instructions to CBP no earlier 
than 35 days after the date of publication of the amended 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).

Cash Deposit Requirements

    Upon publication of this notice in the Federal Register the 
following cash deposit requirements will be effective for all shipments 
of the subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after December 13, 2024, the 
publication date of the Final Results, as provided by section 
751(a)(2)(C) of the Act: (1) the amended cash deposit rate for MMC/TMI 
will be equal to the weighted-average dumping margin that is 
established in the amended final results of this 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 published for the most recently completed 
segment of this proceeding; (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 the rate for the China-wide entity; and 
(4) for all non-Chinese exporters of subject merchandise that have not 
received their own separate rate, the cash deposit 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.

Notification to Importers

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during the period of review. 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 7080]]

Administrative Protective Order

    This notice also serves as a reminder to parties subject to an 
administrative protective order (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 
the terms of an APO is a sanctionable violation.

Notification to Interested Parties

    We are issuing and publishing this notice in accordance with 
sections 751(h) and 777(i)(1) of the Act, and 19 CFR 351.224(e).

    Dated: January 13, 2025.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2025-01304 Filed 1-17-25; 8:45 am]
BILLING CODE 3510-DS-P
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