Magnesium From Israel: Final Affirmative Countervailing Duty Determination, 65785-65787 [2019-25891]
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
liquidation has not become final) for which
these requirements were not met, and
Æ the requirement that the importer post
applicable antidumping duty (AD) and/or
countervailing duty (CVD) cash deposits (as
appropriate) equal to the rates determined by
Commerce;
• I understand that agents of the importer,
such as brokers, are not permitted to make
this certification;
• This certification was completed at the
time of filing the entry summary for the
relevant importation; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
lllllllllllllllllllll
Name of Company Official
lllllllllllllllllllll
Signature
lllllllllllllllllllll
Title
lllllllllllllllllllll
Date
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix IV
EXPORTER CERTIFICATION
I hereby certify that:
• My name is {INSERT COMPANY
OFFICIAL’S NAME HERE} and I am an
official of {INSERT NAME OF EXPORTING
COMPANY};
• I have direct personal knowledge of the
facts regarding the production and
exportation of the plywood with both outer
veneers made of a softwood species of wood
(softwood plywood products) identified
below;
• The softwood plywood products
produced in China that are covered by this
certification are not subject to the orders on
certain hardwood plywood products from
China because they 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;1 and (3) have a Toxic
Substances Control Act (TSCA) or California
Air Resources Board (CARB) label certifying
that they are compliant with TSCA/CARB
requirements;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
maintain a copy of this certification and
sufficient documentation supporting this
certification for the later of (1) a period of
five years from the date of entry or (2) a
period of three years after the conclusion of
any litigation in the United States courts
regarding such entries;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} must provide this
Exporter Certification to the U.S. importer at
the time of shipment;
• I understand that {INSERT NAME OF
EXPORTING COMPANY} is required to
1 Documentation should demonstrate that your
resin is not majority urea formaldehyde, polyvinyl
acetate, and/or soy, for example, by establishing the
chemical composition and relative percentage of the
resin’s ingredients.
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16:49 Nov 27, 2019
Jkt 250001
provide a copy of this certification and
supporting records, upon request, to U.S.
Customs and Border Protection (CBP) and/or
the Department of Commerce (Commerce);
• I understand that the claims made
herein, and the substantiating documentation
are subject to verification by CBP and/or
Commerce;
• I understand that failure to maintain the
required certification and/or failure to
substantiate the claims made herein will
result in:
Æ Suspension of all unliquidated entries
(and entries for which liquidation has not
become final) for which these requirements
were not met and
Æ the requirement that the importer post
applicable antidumping duty (AD) and
countervailing duty (CVD) cash deposits
equal to the rates as determined by
Commerce;
• This certification was completed at or
prior to the time of shipment; and
• I am aware that U.S. law (including, but
not limited to, 18 U.S.C. 1001) imposes
criminal sanctions on individuals who
knowingly and willfully make material false
statements to the U.S. government.
lllllllllllllllllllll
Name of Company Official
lllllllllllllllllllll
Signature
lllllllllllllllllllll
Title
lllllllllllllllllllll
Date
[FR Doc. 2019–25889 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–508–813]
Magnesium From Israel: Final
Affirmative Countervailing Duty
Determination
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) determines that
countervailable subsidies are being
provided to producers and exporters of
magnesium from Israel. For information
on the estimated subsidy rates, see the
‘‘Final Determination’’ section of this
notice.
AGENCY:
DATES:
Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT:
Ethan Talbott or Dana Mermelstein, 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) 482–1030 or (202) 482–1391,
respectively.
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Sfmt 4703
65785
Background
Commerce published the Preliminary
Determination on May 8, 2019.1 A
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 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
and the electronic versions of the Issues
and Decision Memorandum are
identical in content.
Period of Investigation
The period of investigation is January
1, 2017 through December 31, 2017.
Scope of the Investigation
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). No interested party
commented on the scope of the
investigation as it appeared in the
Initiation Notice.4 Therefore, Commerce
is not modifying the scope language as
it appeared in the Initiation Notice. See
the scope in Appendix I to this notice.
Analysis of Subsidy Programs and
Comments Received
The subsidy programs under
investigation and the issues raised in
the case and rebuttal briefs by parties in
this investigation are discussed in the
1 See Magnesium from Israel: Preliminary
Affirmative Countervailing Duty Determination, and
Alignment of Final Determination with Final
Antidumping Duty Determination 84 FR 20092
(May 8, 2019) (Preliminary Determination) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Issues and Decision
Memorandum for the Final Determination in the
Countervailing Duty 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
Countervailing Duty Investigation 83 FR 58529
(November 20, 2018) (Initiation Notice).
E:\FR\FM\29NON1.SGM
29NON1
65786
Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
Issues and Decision Memorandum. A
list of the issues raised by parties, and
to which we responded in the Issues
and Decision Memorandum, is attached
to this notice at Appendix II.
Verification
As provided in section 782(i) of the
Tariff Act of 1930, as amended (the Act),
in August 2019, Commerce verified the
subsidy information reported by the
Government of Israel and by Dead Sea
Magnesium, Ltd. (DSM). We used
standard verification procedures,
including an examination of relevant
accounting and production records, and
original source documents provided by
the GOI and by DSM.
Changes Since the Preliminary
Determination
Based on our analysis of our findings
at verification and the comments
received, we have made certain changes
to the respondent’s subsidy rate
calculations. For discussion of these
changes, see the Issues and Decision
Memorandum.
All-Others Rate
In accordance with section
705(c)(5)(A)(i) of the Act, for companies
not individually examined, we apply an
all-others rate, which is normally
calculated by weighting the subsidy
rates of the mandatory respondents by
those companies’ exports of the subject
merchandise to the United States. Under
section 705(c)(5)(A)(i) of the Act, the allothers rate should exclude zero and de
minimis rates or any rates based entirely
on facts otherwise available pursuant to
section 776 of the Act.
Commerce calculated an individual
estimated countervailable subsidy rate
for Dead Sea Magnesium, Ltd. (DSM)
and its cross-owned affiliates ICL
Chemicals Ltd., ICL Israel Ltd., Dead
Sea Works Ltd., Dead Sea Bromine
Company Ltd., Rotem Amfert Negev
Ltd., Bromine Compounds Ltd., and
Fertilizers& Chemicals Ltd. Because the
only individually calculated rate is not
zero, de minimis, or based entirely on
facts otherwise available, we are
assigning the rate calculated for DSM to
all other producers and exporters.
khammond on DSKJM1Z7X2PROD with NOTICES
Final Determination
We determine the countervailable
subsidy rates to be:
Net subsidy
rate
(percent)
Company
Ltd 5
Dead Sea Magnesium,
All Others ..............................
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16:49 Nov 27, 2019
13.77
13.77
Jkt 250001
Disclosure
We intend to disclose the calculations
performed to parties in this proceeding
within five days after public
announcement of the final
determination or, if there is no public
announcement, within five days of the
date of publication of the notice of final
determination in the Federal Register,
in accordance with 19 CFR 351.224(b).
will be refunded or canceled. If the ITC
determines that such injury does exist,
Commerce will issue a countervailing
duty order directing CBP to assess, upon
further instruction by Commerce,
countervailing 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.
Suspension of Liquidation
As a result of our Preliminary
Determination and pursuant to section
703(d) of the Act, we instructed U.S.
Customs and Border Protection (CBP) to
suspend liquidation of all magnesium
from Israel that was entered, or
withdrawn from warehouse, for
consumption on or after May 8, 2019,
the date of the publication of the
Preliminary Determination in the
Federal Register. In accordance with
section 703(d) of the Act, we instructed
CBP to discontinue the suspension of
liquidation for CVD purposes for subject
merchandise entered, or withdrawn
from warehouse, on or after September
5, 2019. If the U.S. International Trade
Commission (ITC) issues a final
affirmative injury determination, we
will issue a CVD order and will reinstate
the suspension of liquidation under
section 706(a) of the Act and will
require a cash deposit of estimated
CVDs for such entries of subject
merchandise in the amounts indicated
above. If the ITC determines that
material injury, or threat of material
injury, does not exist, this proceeding
will be terminated and all estimated
duties deposited or securities posted as
a result of the suspension of liquidation
will be refunded or canceled.
Notification Regarding Administrative
Protective Order
This notice will serve as a reminder
to the 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 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.
This determination is issued and
published in accordance with sections
735(d) and 777(i)(1) of the Act and 19
CFR 351.210(c).
International Trade Commission
Notification
In accordance with section 735(d) of
the Act, we will notify the ITC of our
final affirmative CVD determination.
Because the final determination in this
proceeding 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 subject
merchandise from Israel no later than 45
days after our final determination. If the
ITC determines that such injury does
not exist, this proceeding will be
terminated, and all securities posted
5 This rate applies to DSM and its cross-owned
affiliates: ICL Chemicals Ltd., ICL Israel Ltd., Dead
Sea Works Ltd., Dead Sea Bromine Company Ltd.,
Rotem Amfert Negev Ltd., Bromine Compounds
Ltd., and Fertilizers & Chemicals Ltd.
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Frm 00011
Fmt 4703
Sfmt 4703
Dated: November 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix I—Scope of the
Investigation 1
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
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
1 In the Preliminary Determination, we
inadvertently included incorrect scope language.
This appendix contains the correct scope language.
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Federal Register / Vol. 84, No. 230 / Friday, November 29, 2019 / Notices
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.
khammond on DSKJM1Z7X2PROD with NOTICES
Appendix II—List of Topics Discussed
in the Final Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Discount Rates
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the GOI’s
Contributions to the Remediation
Projects at the Dead Sea Constitute GOI
Purchases of Services from Dead Sea
Works, Ltd.
Comment 2: Whether Commerce Should
Find Specific Accelerated Depreciation,
Tax Consolidation, or Tax Deductions
Related to Listing Shares on a Stock
Market Under the Encouragement of
Industry Law (EIL) 1969
Comment 3: Whether Commerce Should
Calculate the Benefit from EIL’s
Accelerated Depreciation Program as a
Deferral of Taxes
Comment 4: Whether Commerce Should
Attribute to Dead Sea Magnesium Ltd.
Subsidies Received by Rotem Amfert
Negev Ltd.
Comment 5: Whether Income Tax
Reduction Provided Under the
Encouragement of Capital Investment
Law is Countervailable
Comment 6: Whether Dead Sea Works, Ltd.
Received a Benefit from the Provision of
Groundwater for Less than Adequate
Remuneration
Comment 7: Whether Commerce Correctly
Applied a Tier 3 Benchmark Analysis
and Whether Commerce Should Account
for Profit
IX. Recommendation
[FR Doc. 2019–25891 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–DS–P
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16:49 Nov 27, 2019
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: The Ocean Enterprise: A study
of US business activity in ocean
measurement, observation, and
forecasting.
OMB Control Number: 0648–0712.
Form Number(s): None.
Type of Request: Regular
(Reinstatement with change of a
previously approved collection).
Number of Respondents: 200.
Average Hours per Response: 0.5
hours.
Burden Hours: 100 hours.
Needs and Uses: NOAA’s National
Ocean Service is requesting approval to
repeat a web-based survey of employers
who provide either services or
infrastructure to the Integrated Ocean
Observing System (IOOS) or
organizations that add value to the IOOS
data and other outputs by tailoring them
for specific end uses. The purpose of the
survey and overall project is to gather
data to articulate the collective and
derived value of the IOOS enterprise,
and to create a profile of businesses and
organizations who are involved with
providing services or utilizing the data
for other specific end uses. This will be
the second survey of its kind on a
national scale following the first survey
conducted in FY2015.
The web survey will be the final data
collection piece of this repeat study and
is necessary in order to collect
demographic, financial, and functional
information for each organization with
regard to their involvement with IOOS.
The final deliverable of this project is an
analytic report detailing the findings of
the web survey and the analysis of the
employer database. The marine
technology industry is an important
partner and stakeholder within IOOS:
This follow up study will build upon
the previous baseline study conducted
in FY2015 and will identify trends in
this important industry cluster. This
information can be used to understand
the changing value of export sales and
the identification of potential growth
and/or new international markets which
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65787
would further the Department of
Commerce (DOC) strategic goal for
better environment intelligence (https://
www.commerce.gov/sites/
commerce.gov/files/us_
commerce_
plan.pdf) and translate into better
programs by the DOC International
Trade Administration in ocean
observing industries in international
trade.
Affected Public: Business or other for
profit; not-for-profit institutions.
Frequency: Once.
Respondent’s Obligation: Voluntary.
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to OIRA_Submission@
omb.eop.gov or fax to (202) 395–5806.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–25880 Filed 11–27–19; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XV136]
Atlantic Coastal Fisheries Cooperative
Management Act Provisions; Atlantic
Menhaden Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of non-compliance
referral.
AGENCY:
NMFS announces that on
November 15, 2019, the Secretary of
Commerce (Secretary) received a letter
from the Atlantic States Marine
Fisheries Commission finding the
Commonwealth of Virginia out of
compliance with Amendment 3 to the
Atlantic Menhaden Interstate Fishery
Management Plan and requesting
Federal non-compliance review under
the provisions of the Atlantic Coastal
Fisheries Cooperative Management Act.
This notice is necessary to alert the
public that the Secretary has received
and is reviewing the referral of noncompliance from the Commission. The
intended effect of this notice is to
inform the public of the Commission’s
SUMMARY:
E:\FR\FM\29NON1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 230 (Friday, November 29, 2019)]
[Notices]
[Pages 65785-65787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25891]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[C-508-813]
Magnesium From Israel: Final Affirmative Countervailing Duty
Determination
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that
countervailable subsidies are being provided to producers and exporters
of magnesium from Israel. For information on the estimated subsidy
rates, see the ``Final Determination'' section of this notice.
DATES: Applicable November 29, 2019.
FOR FURTHER INFORMATION CONTACT: Ethan Talbott or Dana Mermelstein, 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) 482-1030 or (202) 482-
1391, respectively.
Background
Commerce published the Preliminary Determination on May 8, 2019.\1\
A 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 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 and the electronic versions of the Issues and Decision
Memorandum are identical in content.
---------------------------------------------------------------------------
\1\ See Magnesium from Israel: Preliminary Affirmative
Countervailing Duty Determination, and Alignment of Final
Determination with Final Antidumping Duty Determination 84 FR 20092
(May 8, 2019) (Preliminary Determination) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Issues and Decision Memorandum for the
Final Determination in the Countervailing Duty Investigation of
Magnesium from Israel,'' dated concurrently with, and hereby adopted
by, this notice (Issues and Decision Memorandum).
---------------------------------------------------------------------------
Period of Investigation
The period of investigation is January 1, 2017 through December 31,
2017.
Scope of the Investigation
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).
No interested party commented on the scope of the investigation as it
appeared in the Initiation Notice.\4\ 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 Countervailing Duty
Investigation 83 FR 58529 (November 20, 2018) (Initiation Notice).
---------------------------------------------------------------------------
Analysis of Subsidy Programs and Comments Received
The subsidy programs under investigation and the issues raised in
the case and rebuttal briefs by parties in this investigation are
discussed in the
[[Page 65786]]
Issues and Decision Memorandum. A list of the issues raised by parties,
and to which we responded in the Issues and Decision Memorandum, is
attached to this notice at Appendix II.
Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(the Act), in August 2019, Commerce verified the subsidy information
reported by the Government of Israel and by Dead Sea Magnesium, Ltd.
(DSM). We used standard verification procedures, including an
examination of relevant accounting and production records, and original
source documents provided by the GOI and by DSM.
Changes Since the Preliminary Determination
Based on our analysis of our findings at verification and the
comments received, we have made certain changes to the respondent's
subsidy rate calculations. For discussion of these changes, see the
Issues and Decision Memorandum.
All-Others Rate
In accordance with section 705(c)(5)(A)(i) of the Act, for
companies not individually examined, we apply an all-others rate, which
is normally calculated by weighting the subsidy rates of the mandatory
respondents by those companies' exports of the subject merchandise to
the United States. Under section 705(c)(5)(A)(i) of the Act, the all-
others rate should exclude zero and de minimis rates or any rates based
entirely on facts otherwise available pursuant to section 776 of the
Act.
Commerce calculated an individual estimated countervailable subsidy
rate for Dead Sea Magnesium, Ltd. (DSM) and its cross-owned affiliates
ICL Chemicals Ltd., ICL Israel Ltd., Dead Sea Works Ltd., Dead Sea
Bromine Company Ltd., Rotem Amfert Negev Ltd., Bromine Compounds Ltd.,
and Fertilizers& Chemicals Ltd. Because the only individually
calculated rate is not zero, de minimis, or based entirely on facts
otherwise available, we are assigning the rate calculated for DSM to
all other producers and exporters.
Final Determination
We determine the countervailable subsidy rates to be:
------------------------------------------------------------------------
Net subsidy
Company rate
(percent)
------------------------------------------------------------------------
Dead Sea Magnesium, Ltd \5\............................. 13.77
All Others.............................................. 13.77
------------------------------------------------------------------------
Disclosure
---------------------------------------------------------------------------
\5\ This rate applies to DSM and its cross-owned affiliates: ICL
Chemicals Ltd., ICL Israel Ltd., Dead Sea Works Ltd., Dead Sea
Bromine Company Ltd., Rotem Amfert Negev Ltd., Bromine Compounds
Ltd., and Fertilizers & Chemicals Ltd.
---------------------------------------------------------------------------
We intend to disclose the calculations performed to parties in this
proceeding within five days after public announcement of the final
determination or, if there is no public announcement, within five days
of the date of publication of the notice of final determination in the
Federal Register, in accordance with 19 CFR 351.224(b).
Suspension of Liquidation
As a result of our Preliminary Determination and pursuant to
section 703(d) of the Act, we instructed U.S. Customs and Border
Protection (CBP) to suspend liquidation of all magnesium from Israel
that was entered, or withdrawn from warehouse, for consumption on or
after May 8, 2019, the date of the publication of the Preliminary
Determination in the Federal Register. In accordance with section
703(d) of the Act, we instructed CBP to discontinue the suspension of
liquidation for CVD purposes for subject merchandise entered, or
withdrawn from warehouse, on or after September 5, 2019. If the U.S.
International Trade Commission (ITC) issues a final affirmative injury
determination, we will issue a CVD order and will reinstate the
suspension of liquidation under section 706(a) of the Act and will
require a cash deposit of estimated CVDs for such entries of subject
merchandise in the amounts indicated above. If the ITC determines that
material injury, or threat of material injury, does not exist, this
proceeding will be terminated and all estimated duties deposited or
securities posted as a result of the suspension of liquidation will be
refunded or canceled.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we will notify the
ITC of our final affirmative CVD determination. Because the final
determination in this proceeding 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
subject merchandise from Israel no later than 45 days after our final
determination. If the ITC determines that such injury does not exist,
this proceeding will be terminated, and all securities posted will be
refunded or canceled. If the ITC determines that such injury does
exist, Commerce will issue a countervailing duty order directing CBP to
assess, upon further instruction by Commerce, countervailing 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 Order
This notice will serve as a reminder to the 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 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.
This determination is issued and published in accordance with
sections 735(d) and 777(i)(1) of the Act and 19 CFR 351.210(c).
Dated: November 21, 2019.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
Appendix I--Scope of the Investigation \1\
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\1\ In the Preliminary Determination, we inadvertently included
incorrect scope language. This appendix contains the correct scope
language.
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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 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
[[Page 65787]]
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 Final Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Subsidies Valuation
VI. Discount Rates
VII. Analysis of Programs
VIII. Discussion of the Issues
Comment 1: Whether the GOI's Contributions to the Remediation
Projects at the Dead Sea Constitute GOI Purchases of Services from
Dead Sea Works, Ltd.
Comment 2: Whether Commerce Should Find Specific Accelerated
Depreciation, Tax Consolidation, or Tax Deductions Related to
Listing Shares on a Stock Market Under the Encouragement of Industry
Law (EIL) 1969
Comment 3: Whether Commerce Should Calculate the Benefit from
EIL's Accelerated Depreciation Program as a Deferral of Taxes
Comment 4: Whether Commerce Should Attribute to Dead Sea
Magnesium Ltd. Subsidies Received by Rotem Amfert Negev Ltd.
Comment 5: Whether Income Tax Reduction Provided Under the
Encouragement of Capital Investment Law is Countervailable
Comment 6: Whether Dead Sea Works, Ltd. Received a Benefit from
the Provision of Groundwater for Less than Adequate Remuneration
Comment 7: Whether Commerce Correctly Applied a Tier 3 Benchmark
Analysis and Whether Commerce Should Account for Profit
IX. Recommendation
[FR Doc. 2019-25891 Filed 11-27-19; 8:45 am]
BILLING CODE 3510-DS-P
