Magnesium From Israel: Final Affirmative Determination of Sales at Less Than Fair Value, 65781-65783 [2019-25887]
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
description of the scope, see the Issues
and Decision Memorandum.2
sections 751(c), 752(c), and 777(i)(1) of
the Act and 19 CFR 351.218.
Analysis of Comments Received
Dated: October 28, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
All issues raised in this review,
including the likelihood of continuation
or recurrence of dumping in the event
of revocation and the magnitude of the
margins likely to prevail if the orders
were revoked, are addressed in the
accompanying Issues and Decision
Memorandum. 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 Commerce
building. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed directly
on the internet 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 Sunset Review
Pursuant to sections 751(c)(1) and
752(c)(1) and (3) of the Act, Commerce
determines that revocation of the
antidumping duty order on steel
threaded rod from China would likely
lead to continuation or recurrence of
dumping and that the magnitude of the
margins is up to 206 percent.
Notification Regarding Administrative
Protective Order
This notice serves as the only
reminder to interested parties subject to
an administrative protective order
(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.
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Notification to Interested Parties
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Results of the Expedited
Second Sunset Review of the Antidumping Duty
Order on Certain Steel Threaded Rod from the
People’s Republic of China,’’ dated concurrently
with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
16:49 Nov 27, 2019
Jkt 250001
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. History of the Order
IV. Scope of the Order
V. Discussion of the Issues
1. Likelihood of Continuation or
Recurrence of Dumping
2. Magnitude of the Margins Likely To
Prevail
VI. Final Results of Sunset Review
VII. Recommendation
[FR Doc. 2019–25888 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
the events that occurred since
Commerce 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.2 The Issues and Decision
Memorandum is a public document and
is available 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 B–8024 of
Commerce’s main building. In addition,
a complete version of the Issues and
Decision Memorandum can be accessed
at https://enforcement.trade.gov/frn/.
The signed and the electronic versions
of the Issues and Decision
Memorandum are identical in content.
Scope of the Investigation
DEPARTMENT OF COMMERCE
International Trade Administration
[A–508–812]
Magnesium From Israel: Final
Affirmative Determination of Sales at
Less Than Fair Value
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that magnesium
from Israel is being, or is likely to be,
sold in the United States at less than fair
value (LTFV). The period of
investigation (POI) is October 1, 2017
through September 30, 2018. The final
estimated dumping margins of sales at
LTFV are shown in the Final
Determination section of this notice.
DATES: Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Bryan Hansen or Minoo Hatten, AD/
CVD Operations, Office I, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone:
(202) 482–3683 or (202) 482–1690,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
We are issuing and publishing these
results and notice in accordance with
VerDate Sep<11>2014
Appendix
65781
On June 4, 2019, Commerce published
the Preliminary Determination of this
LTFV investigation, in which Commerce
found that magnesium from Israel was
sold at LTFV.1 A complete summary of
1 See Magnesium from Israel: Preliminary
Affirmative Determination of Sales at Less Than
Fair Value, Postponement of Final Determination,
PO 00000
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Fmt 4703
Sfmt 4703
The product covered by this
investigation is magnesium from Israel.
For a complete description of the scope
of this investigation, see Appendix I.
Scope Comments
In accordance with the Preamble to
Commerce’s regulations,3 the Initiation
Notice set aside a period of time for
parties to raise issues regarding product
coverage (i.e., scope of the
investigation).4 No interested party
commented on the scope of the
investigation as it appeared in the
Initiation Notice. Therefore, Commerce
is not modifying the scope language as
it appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
Commerce verified the sales and cost
data reported by Dead Sea Magnesium,
Ltd. (DSM) 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 the respondent.
and Extension of Provisional Measures, 84 FR
32712 (July 9, 2019) (Preliminary Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Less-Than-Fair-Value Investigation of Magnesium
from Israel,’’ dated concurrently with, and hereby
adopted by, this notice (Issues and Decision
Memorandum).
3 See Antidumping Duties; Countervailing Duties,
Final Rule, 62 FR 27296, 27323 (May 19, 1997)
(Preamble).
4 See Magnesium from Israel: Initiation of LessThan-Fair-Value Investigation, 83 FR 58533
(November 20, 2018) (Initiation Notice).
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
Analysis of Comments Received
All issues raised in the case briefs and
rebuttal briefs submitted by interested
parties in this proceeding are discussed
in the Issues and Decision
Memorandum. A list of the issues raised
by parties and responded to by
Commerce in the Issues and Decision
Memorandum is attached at Appendix
II.
Changes Since the Preliminary
Determination
Based on our analysis of the
comments received and our findings at
verification, we made certain changes to
the margin calculations for DSM since
the Preliminary Determination. For a
discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act
provides that the estimated weightedaverage dumping margin for all other
producers and exporters not
individually investigated shall be equal
to the weighted average of the estimated
weighted-average dumping margins
established for individually investigated
exporters and producers, excluding any
margins that are zero or de minimis or
any margins determined entirely under
section 776 of the Act. DSM is the sole
mandatory respondent in this
investigation. Commerce calculated an
estimated weighted-average dumping
margin for DSM that is not zero, de
minimis, or based entirely on facts
otherwise available. Therefore, for
purposes of determining the all-others
rate, and pursuant to section
735(c)(5)(A) of the Act, we are using the
estimated weighted-average dumping
margin calculated for DSM, as
referenced in the ‘‘Final Determination’’
section below.
Final Determination
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
October 1, 2017 through September 30,
2018:
khammond on DSKJM1Z7X2PROD with NOTICES
Producer/exporter
Weightedaverage
dumping
margin
(percent)
Dead Sea Magnesium, Ltd ...
All Others ..............................
Continuation of Suspension of
Liquidation
16:49 Nov 27, 2019
Disclosure
We will disclose the calculations
performed within five days of public
announcement of this notice, in
accordance with 19 CFR 351.224(b).
International Trade Commission
Notification
In accordance with section 735(d) of
218.98 the Act, Commerce will notify the
218.98 International Trade Commission (ITC) of
its final determination. Because the final
determination is affirmative, in
In accordance with section
735(c)(1)(B) of the Act, we will instruct
U.S. Customs and Border Protection
VerDate Sep<11>2014
(CBP) to continue the suspension of
liquidation of all appropriate entries of
magnesium from Israel, as described in
Appendix I to this notice, which were
entered, or withdrawn from warehouse,
for consumption on or after July 9, 2019,
the date of publication of the
Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(l) of the
Act and 19 CFR 351.210(d), Commerce
will instruct CBP to require cash
deposits equal to the weighted-average
dumping margins indicated in the table
above as follows: (1) The cash deposit
rate for the respondents listed above
will be equal to the company-specific
estimated weighted-average dumping
margins determined in this final
determination; (2) if the exporter is not
a respondent identified above, but the
producer is, then the cash deposit rate
will be equal to the company-specific
estimated weighted-average dumping
margin established for that producer of
the subject merchandise; and (3) the
cash deposit rate for all other producers
and exporters will be 218.98 percent,
the all-others estimated weightedaverage dumping margin.
Commerce normally adjusts cash
deposits for estimated antidumping
duties by the amount of export subsidies
countervailed in a companion
countervailing duty (CVD) proceeding,
when CVD provisional measures are in
effect. Accordingly, where Commerce
preliminarily made an affirmative
determination for countervailable export
subsidies, Commerce has offset the
estimated weighted-average dumping
margin by the appropriate CVD rate. In
the final determination of the
concurrent CVD investigation of
magnesium from Israel, Commerce did
not find any export subsidies.5
Accordingly, we are not making an
adjustment to the cash deposit rate.
These suspension of liquidation and
cash deposit instructions will remain in
effect until further notice.
Jkt 250001
5 See Memorandum, ‘‘Magnesium from Israel:
Final Affirmative Countervailing Duty
Determination,’’ dated concurrently with this
notice.
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
accordance with section 735(b)(2) of the
Act, the ITC will make its final
determination as to whether the
domestic industry in the United States
is materially injured, or threatened with
material injury, by reason of imports of
magnesium from Israel no later than 45
days after our final determination. If the
ITC determines that material injury or
threat of material injury does not exist,
the proceeding will be terminated and
all cash deposits will be refunded. If the
ITC determines that such injury does
exist, Commerce will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding Administrative
Protective Orders
This notice 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 the terms of an
APO is a violation subject to sanction.
This determination and this notice are
issued and published pursuant to
sections 735(d) and 777(i)(1) of the Act
and 19 CFR 352.210(c).
Dated: November 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the Investigation
The products covered by this investigation
are primary and secondary pure and alloy
magnesium metal, regardless of chemistry,
raw material source, form, shape, or size
(including, without limitation, magnesium
cast into ingots, slabs, t-bars, rounds, sows,
billets, and other shapes, and magnesium
ground, chipped, crushed, or machined into
raspings, granules, turnings, chips, powder,
briquettes, and any other shapes).
Magnesium is a metal or alloy containing at
least 50 percent by actual weight 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 investigation also includes
blends of primary magnesium, scrap, and
secondary magnesium.
The subject merchandise includes the
following pure and alloy magnesium metal
products made from primary and/or
secondary magnesium: (1) Products that
contain at least 99.95 percent magnesium, by
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
actual weight (generally referred to as ‘‘ultrapure’’ or ‘‘high purity’’ magnesium); (2)
products that contain less than 99.95 percent
but not less than 99.8 percent magnesium, by
actual weight (generally referred to as ‘‘pure’’
magnesium); and (3) chemical combinations
of magnesium and other material(s) in which
the magnesium content is 50 percent or
greater, but less than 99.8 percent, by actual
weight, whether or not conforming to an
‘‘ASTM Specification for Magnesium Alloy.’’
The scope of this investigation excludes
mixtures containing 90 percent or less
magnesium in granular or powder form by
actual weight and one or more of certain nonmagnesium granular materials to make
magnesium-based reagent mixtures,
including lime, calcium metal, calcium
silicon, calcium carbide, calcium carbonate,
carbon, slag coagulants, fluorspar, nepheline
syenite, feldspar, alumina (A1203), calcium
aluminate, soda ash, hydrocarbons, graphite,
coke, silicon, rare earth metals/mischmetal,
cryolite, silica/fly ash, magnesium oxide,
periclase, ferroalloys, dolomite lime, and
colemanite.
The merchandise subject to this
investigation is classifiable under items
8104.11.0000, 8104.19.0000, and
8104.30.0000 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 under
investigation is dispositive.
DEPARTMENT OF COMMERCE
Appendix II—List of Topics Discussed
in the Issues and Decision
Memorandum
DATES:
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary
Determination
V. Discussion of the Issues
Comment 1: Whether To Treat Chlorine
and Sylvanite as By-products or Coproducts
Comment 2: Transfer Price of Wet
Carnallite
Comment 3: General and Administrative
Expenses Ratio
Comment 4: Constructed Value Selling
Expenses and Profit
Comment 5: U.S. Warehousing Expenses
Comment 6: Short-term Interest Rate,
Credit Expenses and Inventory Carrying
Costs
VI. Recommendation
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[FR Doc. 2019–25887 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
VerDate Sep<11>2014
16:49 Nov 27, 2019
Jkt 250001
International Trade Administration
[A–570–051, C–570–052]
Certain Hardwood Plywood Products
From the People’s Republic of China:
Affirmative Final Determination of
Circumvention of the Antidumping and
Countervailing Duty Orders
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that certain
plywood products with face and back
veneers of radiata and/or agathis pine
that: (1) Have a Toxic Substances
Control Act (TSCA) or California Air
Resources Board (CARB) label certifying
that it is compliant with TSCA/CARB
requirements; and (2) are made with a
resin, the majority of which is
comprised of one or more of three
product types (urea formaldehyde,
polyvinyl acetate, and/or soy), exported
from the People’s Republic of China
(China), are circumventing the
antidumping duty (AD) and
countervailing duty (CVD) orders on
certain hardwood plywood products
from China.
AGENCY:
Effective Date: Applicable
November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Rachel Greenberg or Nicolas Mayora,
AD/CVD Operations, Office V,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue NW, Washington,
DC 20230; telephone: (202) 482–0652 or
(202) 482–3053, respectively.
SUPPLEMENTARY INFORMATION:
Background
Commerce published the Preliminary
Determination on June 11, 2019.1 A
summary of the events that occurred
since Commerce published the
Preliminary Determination may be
found in the Issues and Decision
Memorandum.2
1 See Certain Hardwood Plywood Products from
the People’s Republic of China: Preliminary
Affirmative Determination of Circumvention of the
Antidumping Duty and Countervailing Duty Orders,
84 FR 27081 (June 11, 2019) (Preliminary
Determination).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination of the
Anti-Circumvention Inquiry: Certain Hardwood
Plywood Products from the People’s Republic of
China,’’ dated concurrently with, and hereby
adopted by this notice (Issues and Decision
Memorandum).
PO 00000
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Fmt 4703
Sfmt 4703
65783
Scope of the Anti-Circumvention
Inquiry
This anti-circumvention inquiry
covers certain plywood products with
face and back veneers of radiata and/or
agathis pine that: (1) Have a TSCA or
CARB label certifying that it is
compliant with TSCA/CARB
requirements; and (2) are made with a
resin, the majority of which is
comprised of one or more of the
following three product types: Urea
formaldehyde, polyvinyl acetate, and/or
soy exported from China. Such
merchandise is referred to as ‘‘inquiry
merchandise.’’ This ruling applies to all
shipments of inquiry merchandise on or
after the date of the initiation of this
inquiry. Importers and exporters of
plywood from China with both outer
veneers made of a softwood species of
wood (softwood plywood products),
must certify that the softwood plywood
products do not meet all three of the
following criteria: (1) Have both outer
veneers of radiata and/or agathis pine;
(2) are made with a resin, the majority
of which is comprised of urea
formaldehyde, polyvinyl acetate, and/or
soy; and (3) have a TSCA or CARB label
certifying that they are compliant with
TSCA/CARB requirements, as provided
in the certifications in the appendices to
this Federal Register notice.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs are addressed in the
Issues and Decision Memorandum. A
list of the issues raised, and to which we
respond in the Issues and Decision
Memorandum, is attached in Appendix
I to this notice. 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 is
available 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 directly 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 Affirmative Determination of
Circumvention
As detailed in the Issues and Decision
Memorandum, we determine that the
inquiry merchandise exported from
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]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65781-65783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25887]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-508-812]
Magnesium From Israel: Final Affirmative Determination of Sales
at Less Than Fair Value
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
magnesium from Israel is being, or is likely to be, sold in the United
States at less than fair value (LTFV). The period of investigation
(POI) is October 1, 2017 through September 30, 2018. The final
estimated dumping margins of sales at LTFV are shown in the Final
Determination section of this notice.
DATES: Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT: Bryan Hansen or Minoo Hatten, AD/CVD
Operations, Office I, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone: (202) 482-3683 or (202) 482-1690,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On June 4, 2019, Commerce published the Preliminary Determination
of this LTFV investigation, in which Commerce found that magnesium from
Israel was sold at LTFV.\1\ A complete summary of the events that
occurred since Commerce 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.\2\ The Issues and Decision Memorandum is a public document
and is available 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
B-8024 of Commerce's main building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed at https://enforcement.trade.gov/frn/. The signed and the electronic versions of
the Issues and Decision Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Magnesium from Israel: Preliminary Affirmative
Determination of Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional Measures, 84 FR
32712 (July 9, 2019) (Preliminary Determination).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Less-Than-Fair-Value Investigation of
Magnesium from Israel,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Investigation
The product covered by this investigation is magnesium from Israel.
For a complete description of the scope of this investigation, see
Appendix I.
Scope Comments
In accordance with the Preamble to Commerce's regulations,\3\ the
Initiation Notice set aside a period of time for parties to raise
issues regarding product coverage (i.e., scope of the
investigation).\4\ No interested party commented on the scope of the
investigation as it appeared in the Initiation Notice. Therefore,
Commerce is not modifying the scope language as it appeared in the
Initiation Notice. See the scope in Appendix I to this notice.
---------------------------------------------------------------------------
\3\ See Antidumping Duties; Countervailing Duties, Final Rule,
62 FR 27296, 27323 (May 19, 1997) (Preamble).
\4\ See Magnesium from Israel: Initiation of Less-Than-Fair-
Value Investigation, 83 FR 58533 (November 20, 2018) (Initiation
Notice).
---------------------------------------------------------------------------
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), Commerce verified the sales and cost data reported by Dead
Sea Magnesium, Ltd. (DSM) 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 the respondent.
[[Page 65782]]
Analysis of Comments Received
All issues raised in the case briefs and rebuttal briefs submitted
by interested parties in this proceeding are discussed in the Issues
and Decision Memorandum. A list of the issues raised by parties and
responded to by Commerce in the Issues and Decision Memorandum is
attached at Appendix II.
Changes Since the Preliminary Determination
Based on our analysis of the comments received and our findings at
verification, we made certain changes to the margin calculations for
DSM since the Preliminary Determination. For a discussion of these
changes, see the Issues and Decision Memorandum.
All-Others Rate
Section 735(c)(5)(A) of the Act provides that the estimated
weighted-average dumping margin for all other producers and exporters
not individually investigated shall be equal to the weighted average of
the estimated weighted-average dumping margins established for
individually investigated exporters and producers, excluding any
margins that are zero or de minimis or any margins determined entirely
under section 776 of the Act. DSM is the sole mandatory respondent in
this investigation. Commerce calculated an estimated weighted-average
dumping margin for DSM that is not zero, de minimis, or based entirely
on facts otherwise available. Therefore, for purposes of determining
the all-others rate, and pursuant to section 735(c)(5)(A) of the Act,
we are using the estimated weighted-average dumping margin calculated
for DSM, as referenced in the ``Final Determination'' section below.
Final Determination
Commerce determines that the following estimated weighted-average
dumping margins exist for the period October 1, 2017 through September
30, 2018:
------------------------------------------------------------------------
Weighted-
average
Producer/exporter dumping
margin
(percent)
------------------------------------------------------------------------
Dead Sea Magnesium, Ltd................................. 218.98
All Others.............................................. 218.98
------------------------------------------------------------------------
Continuation of Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we will
instruct U.S. Customs and Border Protection (CBP) to continue the
suspension of liquidation of all appropriate entries of magnesium from
Israel, as described in Appendix I to this notice, which were entered,
or withdrawn from warehouse, for consumption on or after July 9, 2019,
the date of publication of the Preliminary Determination of this
investigation in the Federal Register.
Pursuant to section 735(c)(l) of the Act and 19 CFR 351.210(d),
Commerce will instruct CBP to require cash deposits equal to the
weighted-average dumping margins indicated in the table above as
follows: (1) The cash deposit rate for the respondents listed above
will be equal to the company-specific estimated weighted-average
dumping margins determined in this final determination; (2) if the
exporter is not a respondent identified above, but the producer is,
then the cash deposit rate will be equal to the company-specific
estimated weighted-average dumping margin established for that producer
of the subject merchandise; and (3) the cash deposit rate for all other
producers and exporters will be 218.98 percent, the all-others
estimated weighted-average dumping margin.
Commerce normally adjusts cash deposits for estimated antidumping
duties by the amount of export subsidies countervailed in a companion
countervailing duty (CVD) proceeding, when CVD provisional measures are
in effect. Accordingly, where Commerce preliminarily made an
affirmative determination for countervailable export subsidies,
Commerce has offset the estimated weighted-average dumping margin by
the appropriate CVD rate. In the final determination of the concurrent
CVD investigation of magnesium from Israel, Commerce did not find any
export subsidies.\5\ Accordingly, we are not making an adjustment to
the cash deposit rate. These suspension of liquidation and cash deposit
instructions will remain in effect until further notice.
---------------------------------------------------------------------------
\5\ See Memorandum, ``Magnesium from Israel: Final Affirmative
Countervailing Duty Determination,'' dated concurrently with this
notice.
---------------------------------------------------------------------------
Disclosure
We will disclose the calculations performed within five days of
public announcement of this notice, in accordance with 19 CFR
351.224(b).
International Trade Commission Notification
In accordance with section 735(d) of the Act, Commerce will notify
the International Trade Commission (ITC) of its final determination.
Because the final determination is affirmative, in accordance with
section 735(b)(2) of the Act, the ITC will make its final determination
as to whether the domestic industry in the United States is materially
injured, or threatened with material injury, by reason of imports of
magnesium from Israel no later than 45 days after our final
determination. If the ITC determines that material injury or threat of
material injury does not exist, the proceeding will be terminated and
all cash deposits will be refunded. If the ITC determines that such
injury does exist, Commerce will issue an antidumping duty order
directing CBP to assess antidumping duties on all imports of the
subject merchandise entered, or withdrawn from warehouse, for
consumption on or after the effective date of the suspension of
liquidation.
Notification Regarding Administrative Protective Orders
This notice 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 the terms of an APO is a violation
subject to sanction.
This determination and this notice are issued and published
pursuant to sections 735(d) and 777(i)(1) of the Act and 19 CFR
352.210(c).
Dated: November 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation
The products covered by this investigation are primary and
secondary pure and alloy magnesium metal, regardless of chemistry,
raw material source, form, shape, or size (including, without
limitation, magnesium cast into ingots, slabs, t-bars, rounds, sows,
billets, and other shapes, and magnesium ground, chipped, crushed,
or machined into raspings, granules, turnings, chips, powder,
briquettes, and any other shapes). Magnesium is a metal or alloy
containing at least 50 percent by actual weight 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 investigation also includes blends of primary
magnesium, scrap, and secondary magnesium.
The subject merchandise includes the following pure and alloy
magnesium metal products made from primary and/or secondary
magnesium: (1) Products that contain at least 99.95 percent
magnesium, by
[[Page 65783]]
actual weight (generally referred to as ``ultra-pure'' or ``high
purity'' magnesium); (2) products that contain less than 99.95
percent but not less than 99.8 percent magnesium, by actual weight
(generally referred to as ``pure'' magnesium); and (3) chemical
combinations of magnesium and other material(s) in which the
magnesium content is 50 percent or greater, but less than 99.8
percent, by actual weight, whether or not conforming to an ``ASTM
Specification for Magnesium Alloy.''
The scope of this investigation excludes mixtures containing 90
percent or less magnesium in granular or powder form by actual
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, nepheline syenite, feldspar, alumina
(A1203), calcium aluminate, soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash,
magnesium oxide, periclase, ferroalloys, dolomite lime, and
colemanite.
The merchandise subject to this investigation is classifiable
under items 8104.11.0000, 8104.19.0000, and 8104.30.0000 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 under investigation is
dispositive.
Appendix II--List of Topics Discussed in the Issues and Decision
Memorandum
I. Summary
II. Background
III. Scope of the Investigation
IV. Changes Since the Preliminary Determination
V. Discussion of the Issues
Comment 1: Whether To Treat Chlorine and Sylvanite as By-
products or Co-products
Comment 2: Transfer Price of Wet Carnallite
Comment 3: General and Administrative Expenses Ratio
Comment 4: Constructed Value Selling Expenses and Profit
Comment 5: U.S. Warehousing Expenses
Comment 6: Short-term Interest Rate, Credit Expenses and
Inventory Carrying Costs
VI. Recommendation
[FR Doc. 2019-25887 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-DS-P
