[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41829-41830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-16477]


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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, Final Determination of No 
Shipments; 2019-2020

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, 
Co., Ltd. (collectively TMI/TMM) had no shipments of subject 
merchandise covered by the antidumping duty order on pure magnesium 
from the People's Republic of China (China) for the period of review 
(POR) May 1, 2019, through April 30, 2020.

DATES: Applicable August 3, 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 2, 2021, Commerce published the Preliminary Results of 
this administrative review in the Federal Register.\1\ No interested 
party submitted comments concerning the Preliminary Results or 
requested a hearing in this administrative review. Commerce conducted 
this administrative review in accordance with section 751 of the Tariff 
Act of 1930, as amended (the Act). The current deadline for these final 
results is August 2, 2021.
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Administrative Review; 2019-20, 
86 FR 17360 (April 2, 2021) (Preliminary Results).
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Scope of the Order <SUP>2</SUP>
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    \2\ 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. Pure magnesium is a metal or alloy containing 
by weight primarily the element magnesium and produced by decomposing 
raw materials into magnesium metal. Pure primary magnesium is used 
primarily as a chemical in the aluminum alloying, desulfurization, and 
chemical reduction industries. In addition, pure magnesium is used as 
an input in producing magnesium alloy. Pure magnesium encompasses 
products (including, but not limited to, butt ends, stubs, crowns and 
crystals) with the following primary magnesium contents:
    (1) Products that contain at least 99.95% primary magnesium, by 
weight (generally referred to as ``ultra pure'' magnesium) Magnesium 
Alloy'' \3\ 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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    \3\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials (ASTM) in its Annual Book 
for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    (2) Products that contain less than 99.95%, but not less than 
99.8%, primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products that contain 50% or greater, but less than 99.8% 
primary magnesium, by weight, and that do not conform to ASTM 
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
    ``Off-specification pure'' magnesium is pure primary magnesium 
containing magnesium scrap, secondary magnesium, oxidized magnesium or 
impurities (whether or not intentionally added) that cause the primary 
magnesium content to fall below 99.8% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of the Order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder) having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50% by weight), and remelted magnesium 
whose pure primary magnesium content is less than 50% by weight.
    Pure magnesium products covered by the Order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined TMI/TMM \4\ had no 
shipments of subject merchandise to the

[[Page 41830]]

United States during the POR.\5\ As noted in the Preliminary Results, 
we received no-shipment certifications from TMI/TMM, and the 
certifications were consistent with the information we received from 
U.S. Customs and Border Protection (CBP).\6\ Because Commerce did not 
receive any comments on its preliminary finding, Commerce continues to 
find that TMI/TMM did not have any shipments of subject merchandise 
during the POR.
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    \4\ In the 2011-2012 administrative review of the Order, 
Commerce collapsed TMM and TMI, and treated the companies as a 
single entity for purposes of the proceeding. Because there were no 
changes to the facts which supported that decision since that 
determination was made, we continue to treat these companies as part 
of a single entity for this administrative review. 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 Comment 
5.
    \5\ See Preliminary Results.
    \6\ On November 19, 2020, Commerce transmitted a ``no 
shipments'' inquiry to CBP requesting that it provide any 
information to the contrary should the information exist. On 
November 24, 2020, CBP confirmed that no shipments related to TMI/
TMM were found. See Memorandum, ``Release of U.S. Customs and Border 
Protection Data,'' dated March 1, 2021.
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Assessment Rates

    We have not calculated any assessment rates in this administrative 
review. Based on record evidence, we have determined that TMI/TMM had 
no shipments of subject merchandise during the POR, and, therefore, 
pursuant to Commerce's assessment practice, any suspended entries 
entered under the companies' case number will be liquidated at the 
China-wide entity rate.\7\
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    \7\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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    Commerce intends to issue appropriate 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).

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this review for shipments of 
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 previously investigated or 
reviewed Chinese and non-Chinese exporters that received a separate 
rate in a prior segment of this proceeding, including TMI/TMM, the cash 
deposit rate will continue to be the existing exporter-specific rate; 
(2) 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 China-wide rate of 111.73 percent; \8\ and (3) 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 the Chinese 
exporter(s) that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.
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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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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 double antidumping duties.

Notification Regarding Administrative Protection Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of the return of 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

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

    Dated: July 27, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-16477 Filed 8-2-21; 8:45 am]
BILLING CODE 3510-DS-P