Magnesium Metal From the People's Republic of China: Continuation of Antidumping Duty Order, 47351-47352 [2016-17206]

Download as PDF Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices (3) none of the elements below exceeds the quantity, by weight, respectively indicated: • 2.50 percent of manganese, or • 3.30 percent of silicon, or • 1.50 percent of copper, or • 1.50 percent of aluminum, or • 1.25 percent of chromium, or • 0.30 percent of cobalt, or • 0.40 percent of lead, or • 2.0 percent of nickel, or • 0.30 percent of tungsten, or • 0.80 percent of molybdenum, or • 0.10 percent of niobium (also called columbium), or • 0.30 percent of vanadium, or • 0.30 percent of zirconium. The subject merchandise is currently provided for in item 7306.61.1000 of the Harmonized Tariff Schedule of the United States (HTSUS). Subject merchandise may also enter under HTSUS 7306.61.3000. While the HTSUS subheadings and ASTM specification are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. asabaliauskas on DSK3SPTVN1PROD with NOTICES Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background A. Case History B. Period of Investigation III. Scope of the Investigation IV. Use of Facts Otherwise Available and Adverse Inferences A. Application of Adverse Facts (AFA): MMZ and Ozdemir B. Selection of AFA Rates C. Corroboration of Secondary Information Used to Derive AFA Rates V. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators D. Benchmark Interest Rates VI. Analysis of Programs A. Programs Determined to be Countervailable 1. Provision of HRS for LTAR 2. Provision of Land for LTAR 3. Deduction from Taxable Income for Export Revenue 4. Export Financing 5. Investment Encouragement Program (IEP) Customs Duty and VAT Exemptions 6. Law 6486: Social Security Premium Incentive B. Programs Determined to be Not Used VII. Analysis of Comments Comment 1: Provision of HRS for LTAR A. Whether Erdemir and Isdemir Are ‘‘Authorities’’ B. Whether the HRS for LTAR Program is De Facto Specific C. Whether the Department’s HRS Purchase Price Comparison is Distortive Comment 2: Provision of Land for LTAR Program Comment 3: Ministerial Errors Comment 4: Treatment of Income from Services in Ozdemir’s Total Sales Denominator VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 VIII. Conclusion [FR Doc. 2016–17315 Filed 7–20–16; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty (‘‘AD’’) order on magnesium metal from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the AD order. DATES: Effective Date July 21, 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. SUPPLEMENTARY INFORMATION: AGENCY: Background On February 1, 2016, the Department published the notice of initiation of the second five-year (‘‘sunset’’) review of the AD Order 1 on magnesium metal from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’).2 As a result of its review, the Department determined that revocation of the AD order would likely lead to a continuation or recurrence of dumping.3 The Department, therefore, notified the ITC of the magnitude of the margins likely to prevail should the AD order be revoked. On July 7, 2016, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the AD order on magnesium metal from the PRC would likely lead to a continuation or recurrence of material injury to an 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’’). 3 See Magnesium Metal From the People’s Republic of China: Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 81 FR 36874 (June 8, 2016). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 47351 industry in the United States within a reasonably foreseeable time.4 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’’ 5 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 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’’; 6 (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 4 See Alloy Magnesium From China; Determination, 81 FR 44328 (July 7, 2016). 5 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. 6 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). E:\FR\FM\21JYN1.SGM 21JYN1 47352 Federal Register / Vol. 81, No. 140 / Thursday, July 21, 2016 / Notices 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.7 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. Continuation of the Order asabaliauskas on DSK3SPTVN1PROD with NOTICES As a result of the determinations by the Department and the ITC that revocation of the AD order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), the Department hereby orders the continuation of the AD Order on magnesium metal from the PRC. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. This five-year sunset review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). 7 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. VerDate Sep<11>2014 17:15 Jul 20, 2016 Jkt 238001 Dated: July 14, 2016. Paul Piquado, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2016–17206 Filed 7–20–16; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–201–847] Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Final Determination of Sales at Less Than Fair Value Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) determines that heavy walled rectangular welded carbon steel pipes and tubes (HWR pipes and tubes) from Mexico are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735(a) of the Tariff Act of 1930, as amended (the Act). The period of investigation (POI) is July 1, 2014, through June 30, 2015. The final dumping margins of sales at LTFV are listed below in the ‘‘Final Determination’’ section of this notice. DATES: Effective July 21, 2016. FOR FURTHER INFORMATION CONTACT: Blaine Wiltse or David Crespo, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6345 or (202) 482– 3693, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2016, the Department published the Preliminary Determination.1 A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.2 1 See Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico: Affirmative Preliminary Determination of Sales at Less Than Fair Value, 81 FR 10587 (March 1, 2016) (Preliminary Determination). 2 See Memorandum to Paul Piquado, entitled, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-FairValue Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Scope of the Investigation The scope of the investigation covers HWR pipes and tubes of rectangular (including square) cross section, having a nominal wall thickness of not less than 4 mm. For a complete description of the scope of the investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice as Appendix II. 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 it is available to all parties in the Central Records Unit, room B–8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://enforcement.trade.gov/ frn/. The signed and electronic versions of the Issues and Decision Memorandum are identical in content. Verification As provided in section 782(i) of the Act, in February and March 2016, we conducted verification of the sales and cost information submitted by Maquilacero S.A. de C.V. (Maquilacero) and Productos Laminados de Monterrey S.A. de C.V. (Prolamsa) for use in our final determination. We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by Maquilacero and Prolamsa.3 Mexico,’’ dated concurrently with this memorandum (Issues and Decision Memorandum). 3 See Memorandum to the File from Blaine Wiltse and David Crespo, Senior Analysts, entitled, ‘‘Verification of the Sales Response of Maquilacero S.A. de C.V. in the Antidumping Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico,’’ dated April 15, 2016; Memorandum to the File from Frederick W. Mines, Accountant, and Robert B. Greger, Senior Accountant, entitled, ‘‘Verification of the Cost Response of Maquilacero S.A. de C.V. in the Antidumping Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipe and Tube from Mexico,’’ dated May 11, 2016; Memorandum to the File from David Crespo, Senior Analyst, and Manuel Rey, Analyst, entitled, ‘‘Verification of Prolamsa USA in the 2014–2015 Antidumping Duty Investigation of Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes From Mexico,’’ dated May 9, 2016; Memorandum to the File from David Crespo and Blaine Wiltse, Senior Analysts, entitled, ‘‘Verification of the Sales Response of Productos E:\FR\FM\21JYN1.SGM 21JYN1

Agencies

[Federal Register Volume 81, Number 140 (Thursday, July 21, 2016)]
[Notices]
[Pages 47351-47352]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17206]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty (``AD'') order on 
magnesium metal from the People's Republic of China (``PRC'') would 
likely lead to a continuation or recurrence of dumping and material 
injury to an industry in the United States, the Department is 
publishing a notice of continuation of the AD order.

DATES: Effective Date July 21, 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.

SUPPLEMENTARY INFORMATION: 

Background

    On February 1, 2016, the Department published the notice of 
initiation of the second five-year (``sunset'') review of the AD Order 
\1\ on magnesium metal from the PRC, pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act'').\2\ As a result of its 
review, the Department determined that revocation of the AD order would 
likely lead to a continuation or recurrence of dumping.\3\ The 
Department, therefore, notified the ITC of the magnitude of the margins 
likely to prevail should the AD order be revoked. On July 7, 2016, the 
ITC published notice of its determination, pursuant to section 751(c) 
of the Act, that revocation of the AD order on magnesium metal from the 
PRC would likely lead to a continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\4\
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    \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'').
    \3\ See Magnesium Metal From the People's Republic of China: 
Final Results of Expedited Second Sunset Review of Antidumping Duty 
Order, 81 FR 36874 (June 8, 2016).
    \4\ See Alloy Magnesium From China; Determination, 81 FR 44328 
(July 7, 2016).
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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'' \5\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \5\ 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''; \6\ (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

[[Page 47352]]

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.\7\
---------------------------------------------------------------------------

    \6\ 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).
    \7\ 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.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the AD order would likely lead to a continuation or 
recurrence of dumping and material injury to an industry in the United 
States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), 
the Department hereby orders the continuation of the AD Order on 
magnesium metal from the PRC. U.S. Customs and Border Protection will 
continue to collect AD cash deposits at the rates in effect at the time 
of entry for all imports of subject merchandise.
    The effective date of the continuation of the Order will be the 
date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year sunset review and this notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: July 14, 2016.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2016-17206 Filed 7-20-16; 8:45 am]
 BILLING CODE 3510-DS-P

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