[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 12928-12930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04549]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Final
Results of Antidumping Duty Administrative Review; 2015-2016
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: On January 6, 2017, the Department of Commerce
(``Department'') published in the Federal Register the preliminary
results of the administrative review of the antidumping duty order on
magnesium metal from the People's Republic of China (``PRC'') covering
the period April 1, 2015, through March 31, 2016. This review covers
two PRC companies, Tianjin Magnesium International, Co., Ltd. (``TMI'')
and Tianjin Magnesium Metal Co., Ltd. (``TMM''). The Department gave
interested parties an opportunity to comment on the Preliminary
Results, but we received no comments. Hence, the final results are
unchanged from the Preliminary Results, and we continue to find that
TMI and TMM did not have reviewable entries during the period of review
(``POR'').
DATES: Effective March 8, 2017.
FOR FURTHER INFORMATION CONTACT: James Terpstra or Brendan Quinn, AD/
CVD Operations, Office III, Enforcement and Compliance, International
Trade Administration, U.S. Department of
[[Page 12929]]
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230;
telephone: (202) 482-3965 or (202) 482-5848, respectively.
SUPPLEMENTARY INFORMATION:
Background
On January 6, 2017, the Department published the Preliminary
Results.\1\ We invited interested parties to comment on the Preliminary
Results, but no comments were received.
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\1\ See Magnesium Metal from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review; 2015-
2016, 82 FR 1696 (January 6, 2017) (``Preliminary Results'').
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The Department conducted this review in accordance with section
751(a)(1)(B) of the Tariff Act of 1930, as amended (``the Act'').
Scope of the Order
The product covered by this antidumping duty order is magnesium
metal from the PRC, 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 this 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'' \2\ and are thus outside the scope of the existing antidumping
orders on magnesium from the PRC (generally referred to as ``alloy''
magnesium).
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\2\ 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.
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The scope of this order excludes: (1) All forms of pure magnesium,
including chemical combinations of magnesium and other material(s) 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'' \3\; (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 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.\4\
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\3\ The material is already covered by existing antidumping
orders. 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); and Antidumping Duty
Order: Pure Magnesium in Granular Form from the People's Republic of
China, 66 FR 57936 (November 19, 2001).
\4\ This third exclusion for magnesium-based reagent mixtures is
based on the exclusion for reagent mixtures in the 2000-2001
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 People's Republic of China, 66 FR 49345
(September 27, 2001); Final Determination of Sales at Less Than Fair
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001);
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.
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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 items are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Final Determination of No Shipments
As noted above, the Department received no comments concerning the
Preliminary Results on the record of this segment of the proceeding. As
there are no changes from, or comments on, the Preliminary Results, the
Department finds that there is no reason to modify its analysis. Thus,
we continue to find that TMI and TMM had no shipments of the subject
merchandise, and, therefore, no reviewable transactions, during the
POR.\5\ Accordingly, no decision memorandum accompanies this Federal
Register notice. For further details of the issues addressed in this
segment of the proceeding, see the Preliminary Results.
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\5\ See Preliminary Results, 82 FR at 1697.
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Assessment Rates
The Department determined, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b). The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of the final
results of this review.
Additionally, consistent with the Department's refinement to its
assessment practice in non-market economy cases, because the Department
determined that TMI and TMM had no shipments of subject merchandise
during the POR, any suspended entries of subject merchandise during the
POR from these companies will be liquidated at the PRC-wide rate.\6\
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\6\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements
The following cash deposit requirements will be effective for all
shipments of subject merchandise entered, or withdrawn from warehouse,
for consumption on or after the publication date of this notice of
final results of the administrative review, as provided by section
751(a)(2)(C) of the Act: (1) For TMI, which claimed no shipments, the
cash deposit rate will remain unchanged from the rate assigned to TMI
in the most recently completed review of the company; (2) for
previously investigated or reviewed PRC and non-PRC exporters who are
not under review in this segment of the proceeding but who have
separate rates, the cash deposit rate will continue to be the exporter-
specific rate published for the most recent period; (3) for all PRC
exporters of subject merchandise that have not been found to be
entitled to a separate rate (including TMM, which claimed no shipments,
but has not been found to be separate from the PRC-wide entity), the
cash deposit rate will be the PRC-wide rate of 141.49 percent \7\ and
(4) for all non-PRC exporters of subject merchandise which have not
received their own rate, the cash deposit rate will be the rate
applicable to the PRC exporter(s) that supplied that non-PRC exporter.
These deposit requirements, when imposed, shall remain in effect until
further notice.
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\7\ See Notice of Antidumping Duty Order: Magnesium Metal From
the People's Republic of China, 70 FR 19928 (April 15, 2005).
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[[Page 12930]]
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 POR. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of double antidumping duties.
Administrative Protective Order
This notice also serves as a 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 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 sanctionable
violation.
We are issuing and publishing these final results and this notice
in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: Match 2, 2017.
Ronald K. Lorentzen,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2017-04549 Filed 3-7-17; 8:45 am]
BILLING CODE 3510-DS-P