Federal Register - February 4, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Notices reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
Notification to Interested Parties We are issuing and publishing these preliminary results in accordance with sections 751a1 and 777i of the Act, and 19 CFR 351.221b4.
Dated: January 29, 2021.
Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance.
Scope of the Order
Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology V. Currency Conversion VI. Recommendation FR Doc. 202102344 Filed 2321; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A570832
Pure Magnesium From the Peoples Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 20182019
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce is conducting the administrative review of the antidumping duty order on pure magnesium from the Peoples Republic of China China, covering the period May 1, 2018 through April 30, 2019.
Commerce preliminarily determines that Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, Co., Ltd. collectively TMI/TMM did not have reviewable entries during the period of review POR. We invite interested parties to comment on these preliminary results.
DATES: Applicable February 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 4825449.
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AGENCY:
Background On May 1, 2019, Commerce published a notice of opportunity to request an administrative review of the
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antidumping duty order on pure magnesium from China for the POR.1
On July 15, 2019, in response to a timely request from the petitioner,2 and in accordance with section 751a of the Tariff Act of 1930, as amended the Act, and 19 CFR 351.221c1i, we initiated an administrative review of the antidumping duty order on pure magnesium from China with respect to TMI/TMM.3
The product covered by this antidumping duty 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 4 and are thus outside the scope of the existing antidumping orders on magnesium from China generally referred to as alloy magnesium.
2 Products that contain less than 99.95%, but not less than 99.8%, primary magnesium, by weight 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 84 FR 18479
May 1, 2019.
2 See US Magnesium LLCs Letter, Pure Magnesium from the Peoples Republic of China:
Request for Administrative Review, dated May 31, 2019.
3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR
33739 July 15, 2019. In the 20112012
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 find that these companies are part of a single entity for this administrative review. See Pure Magnesium from the Peoples 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.
4 The meaning of this term is the same as that used by the American Society for Testing and Materials ATSM in its Annual Book for ASTM
Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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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 offspecification pure magnesium.
Offspecification 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.
Preliminary Determination of No Shipments We received timely submissions from TMI/TMM certifying that they did not have sales, shipments, or exports of subject merchandise to the United States during the POR.5 On December 20, 2019, 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 TMI/TMM. This query 5 See TMIs Letter, Pure Magnesium from the Peoples Republic of China, A570832; No Shipment Certification for Tianjin Magnesium International Co., Ltd., dated August 7, 2019; see also TMMs Letter, Pure Magnesium from the Peoples Republic of China, A570832; No Shipment Certification for Tianjin Magnesium Metal Co., Ltd., dated August 7, 2019.
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