Magnesium Metal From the People's Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 36874-36875 [2016-13574]

Download as PDF 36874 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6430. SUPPLEMENTARY INFORMATION: Background On March 11, 2016, the Department published the Preliminary Results of the instant review, preliminarily finding Qingdao WenKem Co., Ltd. to be a part of the PRC-wide entity.3 We invited interested parties to comment on the Preliminary Results.4 We received no comments from interested parties. 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 merchandise covered by this order is furfuryl alcohol (C4H3OCH2OH). Furfuryl alcohol is a primary alcohol, and is colorless or pale yellow in appearance. It is used in the manufacture of resins and as a wetting agent and solvent for coating resins, nitrocellulose, cellulose acetate, and other soluble dyes. The product subject to this order is classifiable under subheading 2932.13.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope is dispositive. Final Results of Review As a result of our review, we determine that the following dumping margin on furfuryl alcohol from the PRC exists for Qingdao WenKem Co., Ltd., determined to be a part of the PRC-wide entity,5 for the period June 1, 2014, through May 31, 2015: PRC-Wide Entity ........... mstockstill on DSK3G9T082PROD with NOTICES Exporter Weighted-average dumping margin (percent) 45.27 Preliminary Results, at 12877. 4 Id. 5 Id. VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Qingdao WenKem Co., Ltd., as part of the PRC-wide entity, will be the PRC-wide rate of 45.27 percent; (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, the cash deposit rate will be the PRC-wide rate of 45.27 percent; 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. Notification to Importers This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement off antidumping duties prior to liquidation of the relevant entries during this period. Failure to comply with this requirement could result in the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Notification to Interested Parties Assessment Rates We will instruct U.S. Customs and Border Protection (‘‘CBP’’) to apply an ad valorem assessment rate of 45.27 percent to all entries of subject merchandise during the POR which were produced and/or exported by Qingdao WenKem Co., Ltd. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of these final results of review. 3 See Cash Deposit Requirements This notice also serves as a reminder to parties subject to administrative protective orders (‘‘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/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. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act. Dated: May 31, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–13576 Filed 6–7–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of this sunset review, the Department of Commerce (‘‘Department’’) finds that revocation of the antidumping duty (‘‘AD’’) order on magnesium metal from the People’s Republic of China would be likely to lead to continuation or recurrence of dumping at the dumping margins identified in the ‘‘Final Results of Review’’ section of this notice. DATES: Effective Date: June 8, 2016. FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6386, respectively. AGENCY: SUPPLEMENTARY INFORMATION: Background On February 1, 2016, the Department published the notice of initiation of the second sunset review of the AD Order 1 on magnesium metal from the People’s Republic of China (‘‘PRC’’), pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 On February 16, 2016, US Magnesium LLC (‘‘Petitioner’’) notified the Department of its intent to participate within the 15day period specified in section 351.218(d)(1)(i) of the Department’s regulations. The domestic interested party claimed interested-party status under section 771(9)(C) of the Act as a 1 See Notice of Antidumping Duty Order: Magnesium Metal From the People’s Republic of China, 70 FR 19928 (April 15, 2005) (‘‘Order’’). 2 See Initiation of Five-Year (‘‘Sunset’’) Review, 82 FR 5418 (February 2, 2016) (‘‘Initiation Notice’’). E:\FR\FM\08JNN1.SGM 08JNN1 Federal Register / Vol. 81, No. 110 / Wednesday, June 8, 2016 / Notices manufacturer of a domestic like product in the United States. On March 3, 2016, the Department received a complete substantive response to the Initiation Notice, with respect to the Order, from Petitioner within the 30-day period specified in 19 CFR 351.218(d)(3)(i).3 The Department received no substantive responses from respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department has conducted an expedited (120-day) sunset review of the antidumping duty order on certain magnesium metal from the PRC. Scope of the Order The merchandise covered by the 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-backed scrap into magnesium metal. The magnesium covered by this investigation 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 raspings, 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’’ 4 and are thus outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ‘‘alloy’’ magnesium). The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium mstockstill on DSK3G9T082PROD with NOTICES 3 See Submissions from Petitioner to the Department, ‘‘Five-Year (‘‘Sunset’’) Review Of The Antidumping Duty Order On Magnesium Metal From The People’s Republic of China: US Magnesium’s Substantive Response To The Notice Of Initiation,’’ (‘‘Substantive Response’’) dated March 3, 2016. 4 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. VerDate Sep<11>2014 17:30 Jun 07, 2016 Jkt 238001 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’’ 5; (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 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.6 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. Analysis of Comments Received A complete discussion of all issues raised in this sunset review is provided in the accompanying Issues and Decision Memorandum, which is hereby adopted by this notice.7 The issues 5 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). 6 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. 7 See the Department’s memorandum from Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Paul Piquado, Assistant Secretary for Enforcement and Compliance, ‘‘Issues and Decision Memorandum for the Final Result of Expedited Second Sunset Reviews of the Antidumping Duty PO 00000 Frm 00016 Fmt 4703 Sfmt 9990 36875 discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the order were revoked. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (‘‘ACCESS’’). ACCESS is available to registered users at https://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content. Final Results of the Sunset Review Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, the Department determines that revocation of the antidumping duty order on magnesium metal from the PRC would likely to lead to a continuation or recurrence of dumping, and that the magnitude of the dumping margin likely to prevail would be weighted-average margins up to 141.49 percent. Notification Regarding Administrative Protective Orders This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305. Timely 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 violation which is subject to sanction. We are issuing and publishing the results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218. Dated: June 1, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–13574 Filed 6–7–16; 8:45 am] BILLING CODE 3510–DS–P Orders on Certain Magnesium Metal From the People’s Republic of China,’’ dated concurrently with this notice. E:\FR\FM\08JNN1.SGM 08JNN1

Agencies

[Federal Register Volume 81, Number 110 (Wednesday, June 8, 2016)]
[Notices]
[Pages 36874-36875]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13574]


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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 Expedited Second Sunset Review of Antidumping Duty Order

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

SUMMARY:  As a result of this sunset review, the Department of Commerce 
(``Department'') finds that revocation of the antidumping duty (``AD'') 
order on magnesium metal from the People's Republic of China would be 
likely to lead to continuation or recurrence of dumping at the dumping 
margins identified in the ``Final Results of Review'' section of this 
notice.

DATES:  Effective Date: June 8, 2016.

FOR FURTHER INFORMATION CONTACT: Shanah Lee, AD/CVD Operations, Office 
III, Enforcement and Compliance, International Trade Administration, 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230; telephone: (202) 482-6386, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2016, the Department published the notice of 
initiation of the second sunset review of the AD Order \1\ on magnesium 
metal from the People's Republic of China (``PRC''), pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\2\ 
On February 16, 2016, US Magnesium LLC (``Petitioner'') notified the 
Department of its intent to participate within the 15-day period 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested party claimed interested-party status under 
section 771(9)(C) of the Act as a

[[Page 36875]]

manufacturer of a domestic like product in the United States.
---------------------------------------------------------------------------

    \1\ See Notice of Antidumping Duty Order: Magnesium Metal From 
the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(``Order'').
    \2\ See Initiation of Five-Year (``Sunset'') Review, 82 FR 5418 
(February 2, 2016) (``Initiation Notice'').
---------------------------------------------------------------------------

    On March 3, 2016, the Department received a complete substantive 
response to the Initiation Notice, with respect to the Order, from 
Petitioner within the 30-day period specified in 19 CFR 
351.218(d)(3)(i).\3\ The Department received no substantive responses 
from respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department has conducted an expedited (120-day) sunset review of the 
antidumping duty order on certain magnesium metal from the PRC.
---------------------------------------------------------------------------

    \3\ See Submissions from Petitioner to the Department, ``Five-
Year (``Sunset'') Review Of The Antidumping Duty Order On Magnesium 
Metal From The People's Republic of China: US Magnesium's 
Substantive Response To The Notice Of Initiation,'' (``Substantive 
Response'') dated March 3, 2016.
---------------------------------------------------------------------------

Scope of the Order

    The merchandise covered by the 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-backed scrap into magnesium metal. The magnesium 
covered by this investigation 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 
raspings, 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'' \4\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \4\ 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.
---------------------------------------------------------------------------

    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'' \5\; (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 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.\6\
---------------------------------------------------------------------------

    \5\ 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).
    \6\ 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.
---------------------------------------------------------------------------

    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.

Analysis of Comments Received

    A complete discussion of all issues raised in this sunset review is 
provided in the accompanying Issues and Decision Memorandum, which is 
hereby adopted by this notice.\7\ The issues discussed in the Issues 
and Decision Memorandum include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins of dumping 
likely to prevail if the order were revoked. The Issues and Decision 
Memorandum is a public document and is on file electronically via 
Enforcement and Compliance's Antidumping and Countervailing Duty 
Centralized Electronic Service System (``ACCESS''). ACCESS is available 
to registered users at https://access.trade.gov and to all parties in 
the Central Records Unit, room B8024 of the main Department of Commerce 
building. In addition, a complete version of the Issues and Decision 
Memorandum can be accessed at https://enforcement.trade.gov/frn/. The 
signed Issues and Decision Memorandum and the electronic version of the 
Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------

    \7\ See the Department's memorandum from Christian Marsh, Deputy 
Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Enforcement and 
Compliance, ``Issues and Decision Memorandum for the Final Result of 
Expedited Second Sunset Reviews of the Antidumping Duty Orders on 
Certain Magnesium Metal From the People's Republic of China,'' dated 
concurrently with this notice.
---------------------------------------------------------------------------

Final Results of the Sunset Review

    Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, 
the Department determines that revocation of the antidumping duty order 
on magnesium metal from the PRC would likely to lead to a continuation 
or recurrence of dumping, and that the magnitude of the dumping margin 
likely to prevail would be weighted-average margins up to 141.49 
percent.

Notification Regarding Administrative Protective Orders

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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 violation which is 
subject to sanction.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 
351.218.

    Dated: June 1, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-13574 Filed 6-7-16; 8:45 am]
 BILLING CODE 3510-DS-P

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