Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2018-2019, 38119-38120 [2020-13707]

Download as PDF Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Notices (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident. Persons with disabilities who require alternative means of communication for program information (e.g., braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA’s TARGET Center at (202) 720–2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877–8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD– 3027, found online at How to File a Program Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632–9992. Submit your completed form or letter to USDA by: (1) Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; (2) fax: (202) 690–7442; or (3) email: program.intake@usda.gov. Mark Brodziski, Acting Administrator, Rural BusinessCooperative Service. [FR Doc. 2020–13736 Filed 6–24–20; 8:45 am] BILLING CODE 3410–XY–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium From the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2018–2019 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) continues to find that Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, Co., Ltd. (collectively TMI/TMM) had no shipments of subject merchandise covered by the antidumping duty order on pure magnesium from the People’s Republic of China (China) for the period of review (POR) May 1, 2018 through April 30, 2019. DATES: Applicable June 25, 2020. FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations, Office III, jbell on DSKJLSW7X2PROD with NOTICES AGENCY: VerDate Sep<11>2014 19:15 Jun 24, 2020 Jkt 250001 Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–5449. Background On February 5, 2020, Commerce published the Preliminary Results of the administrative review of the antidumping duty order on Pure Magnesium from China for the POR.1 We invited parties to submit comments on the Preliminary Results. No party submitted comments. Accordingly, the final results remain unchanged from the Preliminary Results. Commerce conducted this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). On April 24, 2020, Commerce tolled all deadlines in administrative reviews by 50 days, thereby extending the deadline for these results until July 24, 2020.2 Scope of the Order The product covered by this antidumping duty order is pure magnesium from China, regardless of chemistry, form or size, unless expressly excluded from the scope of the order. Pure magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal. Pure primary magnesium is used primarily as a chemical in the aluminum alloying, desulfurization, and chemical reduction industries. In addition, pure magnesium is used as an input in producing magnesium alloy. Pure magnesium encompasses products (including, but not limited to, butt ends, stubs, crowns and crystals) with the following primary magnesium contents: (1) Products that contain at least 99.95% primary magnesium, by weight (generally referred to as ‘‘ultra pure’’ magnesium) Magnesium Alloy’’ 3 and are thus outside the scope of the existing antidumping orders on 1 See Pure Magnesium from the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2018–2019, 85 FR 6509 (February 5, 2020) (Preliminary Results). 2 See Memorandum, ‘‘Tolling of Deadlines for Antidumping and Countervailing Duty Administrative Reviews in Response to Operational Adjustments Due to COVID–19,’’ dated April 24, 2020. 3 The meaning of this term is the same as that used by the American Society for Testing and Materials (ATSM) in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 38119 magnesium from China (generally referred to as ‘‘alloy’’ magnesium). (2) Products that contain less than 99.95%, but not less than 99.8%, primary magnesium, by weight (generally referred to as ‘‘pure’’ magnesium); and (3) Products that contain 50% or greater, but less than 99.8% primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium (generally referred to as ‘‘off-specification pure’’ magnesium). ‘‘Off-specification pure’’ magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8% by weight. It generally does not contain, individually or in combination, 1.5% or more, by weight, of the following alloying elements: Aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths. Excluded from the scope of the order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder) having a maximum physical dimension (i.e., length or diameter) of one inch or less, secondary magnesium (which has pure primary magnesium content of less than 50% by weight), and remelted magnesium whose pure primary magnesium content is less than 50% by weight. Pure magnesium products covered by the order are currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope is dispositive. Final Determination of No Shipments In the Preliminary Results, Commerce determined that TMI/TMM 4 had no 4 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 84 FR 33739 (July 15, 2019). In the 2011–2012 administrative review of the order, Commerce collapsed TMM and TMI, and treated the companies as a single entity for purposes of the proceeding. Because there were no changes to the facts which supported that decision since that determination was made, we continue to find that these companies are part of a single entity for this administrative review. See Pure Magnesium from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review; 2011– 2012, 79 FR 94 (January 2, 2014) and accompanying Issues and Decision Memorandum at Comment 5. E:\FR\FM\25JNN1.SGM 25JNN1 38120 Federal Register / Vol. 85, No. 123 / Thursday, June 25, 2020 / Notices shipments of subject merchandise to the United States during the POR.5 As we have not received any comments on our preliminary finding, we continue to find that TMI/TMM did not have any shipments of subject merchandise during the POR and intend to issue appropriate instructions that are consistent with our ‘‘automatic assessment’’ clarification, for these final results.6 of 111.73 percent; 8 and (4) for all nonChinese exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the Chinese exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Assessment Rates This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in Commerce’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. Commerce determined, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries of subject merchandise in accordance with section 751(a)(2)(C) of the Act and 19 CFR 351.212(b). Commerce intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review. Additionally, for TMI/TMM, the exporters under review, which we determined had no shipments of the subject merchandise during the POR, any suspended entries of subject merchandise from TMI/TMM will be liquidated at the China-wide rate. This is consistent with Commerce’s refinement to its assessment practice in non-market economy cases.7 Cash Deposit Requirements jbell on DSKJLSW7X2PROD with NOTICES The following cash deposit requirements will be effective upon publication of these final results of administrative review for shipments of subject merchandise from China entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by section 751(a)(2)(C) of the Act: (1) For TMI/ TMM, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI/TMM in the most recently completed review of the company; (2) for previously investigated or reviewed Chinese and non-Chinese exporters who are not under review in this segment of the proceeding but who have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recent period; (3) for all Chinese exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the China-wide rate Preliminary Results, 85 FR at 6510. Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment Notice); see also ‘‘Assessment Rates’’ section infra. 7 For a full discussion of this practice, see Assessment Notice. Notification to Importers Notification Regarding Administrative Protective Orders This notice also serves as a reminder to all 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. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This notice is issued and published in accordance with sections 751(a) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4). Dated: June 18, 2020. Jeffrey I. Kessler, Assistant Secretary for Enforcement and Compliance. [FR Doc. 2020–13707 Filed 6–24–20; 8:45 am] BILLING CODE 3510–DS–P 5 See 6 See VerDate Sep<11>2014 19:15 Jun 24, 2020 Jkt 250001 8 See Pure Magnesium from the People’s Republic of China: Final Results of the 2008–2009 Antidumping Duty Administrative Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 2010). PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA243] Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Data Scoping Webinar for SEDAR 73 South Atlantic Red Snapper National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of scheduled SEDAR 73 South Atlantic Red Snapper Data Scoping Webinar. AGENCY: The SEDAR 73 assessment of the South Atlantic stock of Red Snapper will consist of a data scoping webinar, an in-person workshop, and a series of assessment webinars. DATES: The SEDAR 73 South Atlantic Red Snapper Data Scoping Webinar has been scheduled for Thursday July 9, 2020, from 9 a.m. to 12 p.m. EDT. ADDRESSES: Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Registration is available online at: https:// attendee.gotowebinar.com/register/ 9000057234843401997. SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405; www.sedarweb.org. SUMMARY: FOR FURTHER INFORMATION CONTACT: Kathleen Howington, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843) 573–4373; email: Kathleen.Howington@safmc.net. SUPPLEMENTARY INFORMATION: The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a threestep process including: (1) Data Workshop; (2) Assessment Process utilizing webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 85, Number 123 (Thursday, June 25, 2020)]
[Notices]
[Pages 38119-38120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13707]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review; 2018-2019

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

SUMMARY: The Department of Commerce (Commerce) continues to find that 
Tianjin Magnesium International, Co., Ltd. and Tianjin Magnesium Metal, 
Co., Ltd. (collectively TMI/TMM) had no shipments of subject 
merchandise covered by the antidumping duty order on pure magnesium 
from the People's Republic of China (China) for the period of review 
(POR) May 1, 2018 through April 30, 2019.

DATES: Applicable June 25, 2020.

FOR FURTHER INFORMATION CONTACT: Kyle Clahane, AD/CVD Operations, 
Office III, Enforcement and Compliance, International Trade 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW, Washington, DC 20230; telephone: (202) 482-5449.

Background

    On February 5, 2020, Commerce published the Preliminary Results of 
the administrative review of the antidumping duty order on Pure 
Magnesium from China for the POR.\1\ We invited parties to submit 
comments on the Preliminary Results. No party submitted comments. 
Accordingly, the final results remain unchanged from the Preliminary 
Results.
---------------------------------------------------------------------------

    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review; 2018-
2019, 85 FR 6509 (February 5, 2020) (Preliminary Results).
---------------------------------------------------------------------------

    Commerce conducted this review in accordance with section 
751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act).
    On April 24, 2020, Commerce tolled all deadlines in administrative 
reviews by 50 days, thereby extending the deadline for these results 
until July 24, 2020.\2\
---------------------------------------------------------------------------

    \2\ See Memorandum, ``Tolling of Deadlines for Antidumping and 
Countervailing Duty Administrative Reviews in Response to 
Operational Adjustments Due to COVID-19,'' dated April 24, 2020.
---------------------------------------------------------------------------

Scope of the Order

    The product covered by this antidumping duty order is pure 
magnesium from China, regardless of chemistry, form or size, unless 
expressly excluded from the scope of the order. Pure magnesium is a 
metal or alloy containing by weight primarily the element magnesium and 
produced by decomposing raw materials into magnesium metal. Pure 
primary magnesium is used primarily as a chemical in the aluminum 
alloying, desulfurization, and chemical reduction industries. In 
addition, pure magnesium is used as an input in producing magnesium 
alloy. Pure magnesium encompasses products (including, but not limited 
to, butt ends, stubs, crowns and crystals) with the following primary 
magnesium contents:
    (1) Products that contain at least 99.95% primary magnesium, by 
weight (generally referred to as ``ultra pure'' magnesium) Magnesium 
Alloy'' \3\ and are thus outside the scope of the existing antidumping 
orders on magnesium from China (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \3\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials (ATSM) in its Annual Book 
for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
---------------------------------------------------------------------------

    (2) Products that contain less than 99.95%, but not less than 
99.8%, primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products that contain 50% or greater, but less than 99.8% 
primary magnesium, by weight, and that do not conform to ASTM 
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
    ``Off-specification pure'' magnesium is pure primary magnesium 
containing magnesium scrap, secondary magnesium, oxidized magnesium or 
impurities (whether or not intentionally added) that cause the primary 
magnesium content to fall below 99.8% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of the order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder) having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50% by weight), and remelted magnesium 
whose pure primary magnesium content is less than 50% by weight.
    Pure magnesium products covered by the order are currently 
classifiable under Harmonized Tariff Schedule of the United States 
(HTSUS) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope is dispositive.

Final Determination of No Shipments

    In the Preliminary Results, Commerce determined that TMI/TMM \4\ 
had no

[[Page 38120]]

shipments of subject merchandise to the United States during the 
POR.\5\ As we have not received any comments on our preliminary 
finding, we continue to find that TMI/TMM did not have any shipments of 
subject merchandise during the POR and intend to issue appropriate 
instructions that are consistent with our ``automatic assessment'' 
clarification, for these final results.\6\
---------------------------------------------------------------------------

    \4\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 84 FR 33739 (July 15, 2019). In the 2011-
2012 administrative review of the order, Commerce collapsed TMM and 
TMI, and treated the companies as a single entity for purposes of 
the proceeding. Because there were no changes to the facts which 
supported that decision since that determination was made, we 
continue to find that these companies are part of a single entity 
for this administrative review. See Pure Magnesium from the People's 
Republic of China: Final Results of Antidumping Duty Administrative 
Review; 2011-2012, 79 FR 94 (January 2, 2014) and accompanying 
Issues and Decision Memorandum at Comment 5.
    \5\ See Preliminary Results, 85 FR at 6510.
    \6\ See Non-Market Economy Antidumping Proceedings: Assessment 
of Antidumping Duties, 76 FR 65694 (October 24, 2011) (Assessment 
Notice); see also ``Assessment Rates'' section infra.
---------------------------------------------------------------------------

Assessment Rates

    Commerce determined, and U.S. Customs and Border Protection (CBP) 
shall assess, antidumping duties on all appropriate entries of subject 
merchandise in accordance with section 751(a)(2)(C) of the Act and 19 
CFR 351.212(b). Commerce intends to issue assessment instructions to 
CBP 15 days after the date of publication of the final results of this 
review.
    Additionally, for TMI/TMM, the exporters under review, which we 
determined had no shipments of the subject merchandise during the POR, 
any suspended entries of subject merchandise from TMI/TMM will be 
liquidated at the China-wide rate. This is consistent with Commerce's 
refinement to its assessment practice in non-market economy cases.\7\
---------------------------------------------------------------------------

    \7\ For a full discussion of this practice, see Assessment 
Notice.
---------------------------------------------------------------------------

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative review for 
shipments of subject merchandise from China entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided by section 751(a)(2)(C) of the Act: (1) For TMI/TMM, which 
claimed no shipments, the cash deposit rate will remain unchanged from 
the rate assigned to TMI/TMM in the most recently completed review of 
the company; (2) for previously investigated or reviewed Chinese and 
non-Chinese exporters who are not under review in this segment of the 
proceeding but who have separate rates, the cash deposit rate will 
continue to be the exporter-specific rate published for the most recent 
period; (3) for all Chinese exporters of subject merchandise that have 
not been found to be entitled to a separate rate, the cash deposit rate 
will be the China-wide rate of 111.73 percent; \8\ and (4) for all non-
Chinese exporters of subject merchandise which have not received their 
own rate, the cash deposit rate will be the rate applicable to the 
Chinese exporter(s) that supplied that non-Chinese exporter. These 
deposit requirements, when imposed, shall remain in effect until 
further notice.
---------------------------------------------------------------------------

    \8\ See Pure Magnesium from the People's Republic of China: 
Final Results of the 2008-2009 Antidumping Duty Administrative 
Review of the Antidumping Duty Order, 75 FR 80791 (December 23, 
2010).
---------------------------------------------------------------------------

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in Commerce's presumption that reimbursement 
of antidumping duties occurred and the subsequent assessment of double 
antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a reminder to all 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. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a violation which is subject to 
sanction.

Notification to Interested Parties

    This notice is issued and published in accordance with sections 
751(a) and 777(i)(1) of the Act, and 19 CFR 351.213(d)(4).

    Dated: June 18, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2020-13707 Filed 6-24-20; 8:45 am]
BILLING CODE 3510-DS-P