Federal Register - July 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Notices 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 We are issuing and publishing these final results of administrative review in accordance with sections 751a1 and 777i1 of the Act, and 19 CFR
351.213h.
Dated: July 2, 2021.
Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance.
FR Doc. 202114639 Filed 7821; 8:45 am BILLING CODE 3510DSP
DEPARTMENT OF COMMERCE
International Trade Administration A570896
Magnesium Metal From the Peoples Republic of China: Final Results of Antidumping Duty Administrative Review; 20192020
Enforcement and Compliance, International Trade Administration, Department of Commerce.
SUMMARY: The Department of Commerce Commerce continues to find that Tianjin Magnesium International, Co., Ltd. TMI and Tianjin Magnesium Metal, Co., Ltd. TMM had no shipments of subject merchandise covered by the antidumping duty order on magnesium metal from the Peoples Republic of China China for the period of review POR April 1, 2019, through May 31, 2020.
DATES: Applicable July 9, 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.
SUPPLEMENTARY INFORMATION:
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AGENCY:
Background On March 4, 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 1 See Magnesium Metal from the Peoples Republic of China: Preliminary Results of Antidumping Administrative Review; 201920, 86
FR 12621 March 4, 2021 Preliminary Results.
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1930, as amended the Act. The current deadline for these final results is July 2, 2021.
Scope of the Order 2
The product covered by the Order is magnesium metal from China, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by the Order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes;
magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8
percent, magnesium, by weight, and that have been entered into the United States as conforming to an ASTM
Specification for Magnesium Alloy 3
and are thus outside the scope of the existing antidumping orders on magnesium from China generally referred to as alloy magnesium.
The scope of the Order excludes: 1
All forms of pure magnesium, including chemical combinations of magnesium and other materials in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ASTM Specification for Magnesium Alloy; 4 2 magnesium that is in liquid or molten form; and 3 mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain 2 See Notice of Antidumping Duty Order:
Magnesium Metal from the Peoples Republic of China, 70 FR 19928 April 15, 2005 Order.
3 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards:
Volume 01.02 Aluminum and Magnesium Alloys.
4 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the Peoples 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; and Antidumping Duty Order: Pure Magnesium in Granular Form from the Peoples Republic of China, 66 FR 57936 November 19, 2001.
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non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina Al203, calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.5 The merchandise subject to this Order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive.
Final Determination of No Shipments In the Preliminary Results, Commerce determined TMI and TMM had no shipments of subject merchandise to the United States during the POR.6 As noted in the Preliminary Results, we received no-shipment statements from TMI and TMM, and the statements were consistent with the information we received from U.S. Customs and Border Protection CBP.7 Because Commerce did not receive any comments on its preliminary finding, Commerce continues to find that TMI and TMM
did not have any shipments of subject merchandise during the POR.
Assessment Rates We have not calculated any assessment rates in this administrative review. Based on record evidence, we have determined that TMI and TMM
5 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 20002001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form from the Peoples Republic of China, 66 FR 49345
September 27, 2001; see also Final Determination of Sales at Less Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 September 27, 2001; and Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium from the Russian Federation, 66 FR 49347 September 27, 2001.
These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot.
6 See Preliminary Results, 86 FR at 12622.
7 See Memorandum, Correction of February 2, 2021 Memorandum Placing CBP Data on the Record, dated February 3, 2021; see also Memorandum, Magnesium Metal from China; No Shipment Inquiry for Tianjin Magnesium International Co., Ltd and Tianjin Magnesium Metal Co., Ltd. during the period 04/01/2019 through 03/
31/2020, dated February 24, 2021. On February 5, 2021, Commerce issued a no shipment inquiry to CBP with respect to TMI and TMM. On February 18, 2021, CBP responded that it had no evidence of shipments of magnesium metal from China exported by TMI and TMM during the POR.
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