Magnesium Metal From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020-2021, 56892-56894 [2021-22240]

Download as PDF 56892 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices Dated: October 6, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—Scope of the Investigation The merchandise covered by this investigation consists of certain wind towers, whether or not tapered, and sections thereof. Certain wind towers support the nacelle and rotor blades in a wind turbine with a minimum rated electrical power generation capacity in excess of 100 kilowatts and with a minimum height of 50 meters measured from the base of the tower to the bottom of the nacelle (i.e., where the top of the tower and nacelle are joined) when fully assembled. A wind tower section consists of, at a minimum, multiple steel plates rolled into cylindrical or conical shapes and welded together (or otherwise attached) to form a steel shell, regardless of coating, end-finish, painting, treatment, or method of manufacture, and with or without flanges, doors, or internal or external components (e.g., flooring/decking, ladders, lifts, electrical buss boxes, electrical cabling, conduit, cable harness for nacelle generator, interior lighting, tool and storage lockers) attached to the wind tower section. Several wind tower sections are normally required to form a completed wind tower. Wind towers and sections thereof are included within the scope whether or not they are joined with non-subject merchandise, such as nacelles or rotor blades, and whether or not they have internal or external components attached to the subject merchandise. Specifically excluded from the scope are nacelles and rotor blades, regardless of whether they are attached to the wind tower. Also excluded are any internal or external components which are not attached to the wind towers or sections thereof, unless those components are shipped with the tower sections. Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7308.20.0020 or 8502.31.0000. Wind towers of iron or steel are classified under HTSUS 7308.20.0020 when imported separately as a tower or tower section(s). Wind towers may be classified under HTSUS 8502.31.0000 when imported as combination goods with a wind turbine (i.e., accompanying nacelles and/or rotor blades). While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this investigation is dispositive. jspears on DSK121TN23PROD with NOTICES1 Appendix II—List of Sections in the Issues and Decision Memorandum I. Summary II. Background III. Discussion of the Issues Comment 1. Whether the Petitioner has Standing in This Investigation Comment 2. The Application of Adverse Facts Available (AFA) to Vestas Wind Technology India Private Limited (Vestas India) VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 Comment 3. The AFA Rate to Apply to Vestas India Comment 4. Selection of Appropriate Rate for All Other Exporters/Producers Comment 5. Whether Commerce Should Reject the Multinational Corporation (MNC) and the Particular Market Situation (PMS) Allegations IV. Recommendation [FR Doc. 2021–22245 Filed 10–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2020–2021 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) is conducting the administrative review of the antidumping duty (AD) order on magnesium metal from the People’s Republic of China (China). The period of review (POR) is April 1, 2020, through March 31, 2021. Commerce preliminarily determines that Tianjin Magnesium International Co., Ltd. (TMI) and Tianjin Magnesium Metal Co., Ltd. (TMM) did not have any shipments of subject merchandise during the POR. We invite interested parties to comment on these preliminary results. DATES: Applicable October 13, 2021. FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482–4521. SUPPLEMENTARY INFORMATION: AGENCY: Background On April 1, 2021, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the AD order on magnesium metal from China for the POR.1 On June 11, 2021, in response to a timely request from US Magnesium LLC (the petitioner),2 and in accordance 1 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 86 FR 17137 (April 1, 2021); see also Notice of Antidumping Duty Order: Magnesium Metal from the People’s Republic of China, 70 FR 19928 (April 15, 2005) (Order). 2 See Petitioner’s Letter, ‘‘Magnesium Metal from the People’s Republic of China/Request for Administrative Review,’’ dated April 30, 2021. PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 with section 751(a) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we initiated an administrative review of the Order with respect to TMI and TMM.3 Scope of the Order The product covered by the Order is magnesium metal from China, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by the Order includes blends of primary and secondary magnesium. The subject merchandise includes the following alloy magnesium metal products made from primary and/or secondary magnesium including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes; magnesium ground, chipped, crushed, or machined into rasping, granules, turnings, chips, powder, briquettes, and other shapes; and products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 4 and are thus outside the scope of the existing antidumping orders on magnesium from China (generally referred to as ‘‘alloy’’ magnesium). The scope of the Order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’; 5 (2) magnesium that is in liquid or molten form; and (3) mixtures 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 86 FR 31282 (June 11, 2021). 4 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book for ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. 5 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); see also Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). E:\FR\FM\13OCN1.SGM 13OCN1 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesium-based reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.6 The merchandise subject to this Order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Preliminary Determination of No Shipments jspears on DSK121TN23PROD with NOTICES1 We received timely submissions from TMI and TMM certifying that they did not have sales, shipments, or exports of subject merchandise to the United States during the POR.7 On June 14, 2021, we requested the U.S. Customs and Border Protection (CBP) entry data of subject merchandise imported into the United States during the POR, and exported by TMM and/or TMI.8 This query returned no entries during the POR.9 Additionally, on June 23, 2021, Commerce submitted a no-shipments inquiry to CBP with regard to TMI and TMM, to which CBP responded that it found no shipments of subject 6 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 49345 (September 27, 2001); see also Final Determination of Sales at Less Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 27, 2001); Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium from the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys, because they are not combined in liquid form and cast into the same ingot. 7 See TMI’s Letter, ‘‘Magnesium Metal from the People’s Republic of China; A–570–896; No Shipment Certification,’’ dated June 14, 2021; see also TMM’s Letter, ‘‘Magnesium Metal from the People’s Republic of China; A–570–896; No Shipment Certification,’’ dated June 14, 2021. 8 See Memorandum, ‘‘Antidumping Duty Administrative Review of Magnesium Metal from the People’s Republic of China, 04/01/2020—03/31/ 2021: Entry Data and No Shipment Inquiry,’’ dated July 14, 2021 at Attachment 1. 9 Id. at Attachment 2. VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 56893 merchandise by TMI and TMM during the POR.10 Accordingly, and consistent with our practice, we preliminarily determine that TMI and TMM had no shipments and, therefore, no reviewable entries during the POR. In addition, we find it is not appropriate to rescind the review with respect to these companies, but rather to complete the review with respect to TMI and TMM and issue appropriate instructions to CBP based on the final results of the review, consistent with our practice in nonmarket economy (NME) cases.11 a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held.17 Commerce intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the Federal Register, unless extended, pursuant to section 751(a)(3)(A) of the Act. Public Comment Interested parties are invited to comment on the preliminary results and may submit case briefs and/or written comments, filed electronically via Enforcement and Compliance’s Antidumping Duty and Countervailing Duty Centralized Electronic Service System (ACCESS), within 30 days after the date of publication of these preliminary results of review.12 ACCESS is available to registered users at https://access.trade.gov. Rebuttal briefs, limited to issues raised in the case briefs, must be filed within seven days after the time limit for filing case briefs.13 Parties who submit case or rebuttal briefs in this proceeding are requested to submit with each argument a statement of the issue, a brief summary of the argument, and a table of authorities.14 Note that Commerce has temporarily modified certain portions of its requirements for serving documents containing business proprietary information, until further notice.15 Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to Commerce within 30 days of the date of publication of this notice.16 Requests should contain: (1) The party’s name, address, the telephone number; (2) the number of participants; and (3) Assessment Rates Upon issuance of the final results of this review, Commerce will determine, and CBP will assess, antidumping duties on all appropriate entries covered by this review.18 Commerce intends to issue assessment instructions to CBP no earlier than 35 days after the date of publication of the final results of this review in the Federal Register. If a timely summons is filed at the U.S. Court of International Trade, the assessment instructions will direct CBP not to liquidate relevant entries until the time for parties to file a request for a statutory injunction has expired (i.e., within 90 days of publication). Pursuant to Commerce’s practice in NME cases, if we continue to determine in the final results that TMI and TMM had no shipments of subject merchandise, any suspended entries of subject merchandise during the POR from these companies will be liquidated at the China-wide rate.19 10 Id. at Attachment 3; see also ‘‘Magnesium Metal from the People’s Republic of China; No Shipment Inquiry for Tianjin Magnesium International Co., Ltd and Tianjin Magnesium Metal Co., Ltd. during the period 04/01/2020 through 03/ 31/2021,’’ dated July 06, 2021. 11 See Glycine from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review 2014–2015, 81 FR 72567 (October 20, 2016), and the ‘‘Assessment Rates’’ section, below. 12 See 19 CFR 351.309(c)(1)(ii). 13 See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule). 14 See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for general filing requirements). 15 See Temporary Rule. 16 See 19 CFR 351.310(c). PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Cash Deposit Requirements The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of review, as provided for by section 751(a)(2)(C) of the Act: (1) For TMI, which claimed no shipments, the cash deposit rate will remain unchanged from the rate assigned to TMI 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 17 See 19 CFR 310(d). See 19 CFR 351.212(b)(1). 19 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011). 18 E:\FR\FM\13OCN1.SGM 13OCN1 56894 Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Notices 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 (including TMM, which claimed no shipments, but has not been found to be separate from China-wide entity), the cash deposit rate will be China-wide rate of 141.49 percent; 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 Chinese exporter(s) that supplied that nonChinese exporter. These deposit requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary 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 review period. 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 to Interested Parties These preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221(b)(4). Dated: October 6, 2021. Christian Marsh, Acting Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–22240 Filed 10–12–21; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–557–821] Utility Scale Wind Towers From Malaysia: 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 utility scale wind towers (wind towers) from Malaysia are being, or are likely to be, sold in the United States at less than fair value (LTFV) for the period of investigation July 1, 2019, through June 30, 2020. DATES: Applicable October 13, 2021. jspears on DSK121TN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:01 Oct 12, 2021 Jkt 256001 Jerry Huang, 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) 482–4047. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On May 24, 2021, Commerce published in the Federal Register a preliminary negative determination in the LTFV investigation of wind towers from Malaysia.1 Commerce invited interested parties to comment on the Preliminary Determination.2 On August 23, 2021, we issued a post-preliminary determination to address the petitioner’s 3 allegation that Commerce should determine normal value (NV) under section 773(d) of the Tariff Act of 1930, as amended (the Act), with respect to CS Wind Corporation and CS Wind Malaysia Sdn Bhd (collectively, CS Wind).4 5 On August 31, 2021, we received case briefs from CS Wind and the petitioner.6 On September 8, 2021, we received rebuttal briefs from CS Wind and the petitioner.7 On September 22, 2021, we held a public hearing at the request of the petitioner.8 A summary of the events that occurred since Commerce published the Preliminary Determination, may be found in the Issues and Decision Memorandum.9 Scope of the Investigation The products covered by this investigation are wind towers from 1 See Utility Scale Wind Towers from Malaysia: Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination, 86 FR 27828 (May 24, 2021) (Preliminary Determination), and accompanying Preliminary Decision Memorandum. 2 See Preliminary Determination, 86 FR at 27829. 3 The petitioner in this investigation is the Wind Tower Trade Coalition, whose members are Arcosa Wind Towers Inc. and Broadwind Towers, Inc. 4 See Petitioner’s Letter, ‘‘Utility Scale Wind Towers from Malaysia: Multinational Corporation Allegation,’’ dated February 2, 2021. 5 See Memorandum, ‘‘Post-Preliminary Decision Memorandum in the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers from Malaysia,’’ dated August 23, 2021. 6 See CS Wind’s Letter, ‘‘CS Wind’ Case Brief,’’ dated August 31, 2021; and Petitioner’s Letter, ‘‘Case Brief,’’ dated August 31, 2021. 7 See CS Wind’s Letter, ‘‘CS Wind’s Rebuttal Brief,’’ dated September 8, 2021; and Petitioner’s Letter, ‘‘Petitioner’s Rebuttal Brief,’’ dated September 8, 2021. 8 See Transcript to Public Hearing, dated September 22, 2021. 9 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Affirmative Determination in the Less-Than-Fair-Value Investigation of Utility Scale Wind Towers from Malaysia,’’ dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 Malaysia. For a complete description of the scope of this investigation, see Appendix I. Analysis of Comments Received All issues raised in the case and rebuttal briefs that were submitted by parties in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues addressed in the Issues and Decision Memorandum is attached to this notice as Appendix II. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at https://access.trade.gov/ public/FRNoticesListLayout.aspx. Verification Commerce was unable to conduct onsite verification of the information relied upon in making its final determination in this investigation. However, we took additional steps in lieu of an on-site verification to verify the information relied upon in making this final determination, in accordance with section 782(i) of the Act.10 Changes Since the Preliminary Determination Based on our review of the record and comments received from interested parties, we made certain changes to our calculation of CS Wind’s dumping margin. 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 Commerce shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weightedaverage dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act. Commerce determined an estimated weighted-average dumping margin for the individually-examined respondent, i.e., CS Wind, that is not zero, de 10 See Commerce’s In-Lieu-Of-Verification Questionnaire, dated August 13, 2021; see also CS Wind’s Letter, ‘‘Utility Scale Wind Towers from Malaysia: In Lieu of Verification Questionnaire Response,’’ dated August 23, 2021. E:\FR\FM\13OCN1.SGM 13OCN1

Agencies

[Federal Register Volume 86, Number 195 (Wednesday, October 13, 2021)]
[Notices]
[Pages 56892-56894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-22240]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Preliminary 
Results of Antidumping Duty Administrative Review; 2020-2021

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

SUMMARY: The Department of Commerce (Commerce) is conducting the 
administrative review of the antidumping duty (AD) order on magnesium 
metal from the People's Republic of China (China). The period of review 
(POR) is April 1, 2020, through March 31, 2021. Commerce preliminarily 
determines that Tianjin Magnesium International Co., Ltd. (TMI) and 
Tianjin Magnesium Metal Co., Ltd. (TMM) did not have any shipments of 
subject merchandise during the POR. We invite interested parties to 
comment on these preliminary results.

DATES: Applicable October 13, 2021.

FOR FURTHER INFORMATION CONTACT: Deborah Cohen, 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) 482-4521.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2021, Commerce published in the Federal Register a 
notice of opportunity to request an administrative review of the AD 
order on magnesium metal from China for the POR.\1\ On June 11, 2021, 
in response to a timely request from US Magnesium LLC (the 
petitioner),\2\ and in accordance with section 751(a) of the Tariff Act 
of 1930, as amended (the Act), and 19 CFR 351.221(c)(1)(i), we 
initiated an administrative review of the Order with respect to TMI and 
TMM.\3\
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    \1\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 86 FR 17137 (April 1, 2021); see also Notice of Antidumping 
Duty Order: Magnesium Metal from the People's Republic of China, 70 
FR 19928 (April 15, 2005) (Order).
    \2\ See Petitioner's Letter, ``Magnesium Metal from the People's 
Republic of China/Request for Administrative Review,'' dated April 
30, 2021.
    \3\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 86 FR 31282 (June 11, 2021).
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Scope of the Order

    The product covered by the Order is magnesium metal from China, 
which includes primary and secondary alloy magnesium metal, regardless 
of chemistry, raw material source, form, shape, or size. Magnesium is a 
metal or alloy containing by weight primarily the element magnesium. 
Primary magnesium is produced by decomposing raw materials into 
magnesium metal. Secondary magnesium is produced by recycling 
magnesium-based scrap into magnesium metal. The magnesium covered by 
the Order includes blends of primary and secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \4\ and are thus outside the scope of the existing antidumping 
orders on magnesium from China (generally referred to as ``alloy'' 
magnesium).
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    \4\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of the Order excludes: (1) All forms of pure magnesium, 
including chemical combinations of magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
than 99.8 percent, by weight, that do not conform to an ``ASTM 
Specification for Magnesium Alloy''; \5\ (2) magnesium that is in 
liquid or molten form; and (3) mixtures

[[Page 56893]]

containing 90 percent or less magnesium in granular or powder form by 
weight and one or more of certain non-magnesium granular materials to 
make magnesium-based reagent mixtures, including lime, calcium metal, 
calcium silicon, calcium carbide, calcium carbonate, carbon, slag 
coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), 
calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, 
rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium 
oxide, periclase, ferroalloys, dolomite lime, and colemanite.\6\ The 
merchandise subject to this Order is classifiable under items 
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the 
United States (HTSUS). Although the HTSUS items are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.
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    \5\ The material is already covered by existing antidumping 
orders. See Notice of Antidumping Duty Orders: Pure Magnesium from 
the People's Republic of China, the Russian Federation and Ukraine; 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Antidumping Duty Investigation of Pure Magnesium from the 
Russian Federation, 60 FR 25691 (May 12, 1995); see also Antidumping 
Duty Order: Pure Magnesium in Granular Form from the People's 
Republic of China, 66 FR 57936 (November 19, 2001).
    \6\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
Final Determination of Sales at Less Than Fair Value: Pure Magnesium 
in Granular Form from the People's Republic of China, 66 FR 49345 
(September 27, 2001); see also Final Determination of Sales at Less 
Than Fair Value: Pure Magnesium from Israel, 66 FR 49349 (September 
27, 2001); Final Determination of Sales at Not Less Than Fair Value: 
Pure Magnesium from the Russian Federation, 66 FR 49347 (September 
27, 2001). These mixtures are not magnesium alloys, because they are 
not combined in liquid form and cast into the same ingot.
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Preliminary Determination of No Shipments

    We received timely submissions from TMI and TMM certifying that 
they did not have sales, shipments, or exports of subject merchandise 
to the United States during the POR.\7\ On June 14, 2021, we requested 
the U.S. Customs and Border Protection (CBP) entry data of subject 
merchandise imported into the United States during the POR, and 
exported by TMM and/or TMI.\8\ This query returned no entries during 
the POR.\9\ Additionally, on June 23, 2021, Commerce submitted a no-
shipments inquiry to CBP with regard to TMI and TMM, to which CBP 
responded that it found no shipments of subject merchandise by TMI and 
TMM during the POR.\10\
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    \7\ See TMI's Letter, ``Magnesium Metal from the People's 
Republic of China; A-570-896; No Shipment Certification,'' dated 
June 14, 2021; see also TMM's Letter, ``Magnesium Metal from the 
People's Republic of China; A-570-896; No Shipment Certification,'' 
dated June 14, 2021.
    \8\ See Memorandum, ``Antidumping Duty Administrative Review of 
Magnesium Metal from the People's Republic of China, 04/01/2020--03/
31/2021: Entry Data and No Shipment Inquiry,'' dated July 14, 2021 
at Attachment 1.
    \9\ Id. at Attachment 2.
    \10\ Id. at Attachment 3; see also ``Magnesium Metal from the 
People's Republic of China; No Shipment Inquiry for Tianjin 
Magnesium International Co., Ltd and Tianjin Magnesium Metal Co., 
Ltd. during the period 04/01/2020 through 03/31/2021,'' dated July 
06, 2021.
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    Accordingly, and consistent with our practice, we preliminarily 
determine that TMI and TMM had no shipments and, therefore, no 
reviewable entries during the POR. In addition, we find it is not 
appropriate to rescind the review with respect to these companies, but 
rather to complete the review with respect to TMI and TMM and issue 
appropriate instructions to CBP based on the final results of the 
review, consistent with our practice in non-market economy (NME) 
cases.\11\
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    \11\ See Glycine from the People's Republic of China: Final 
Results of Antidumping Duty Administrative Review 2014-2015, 81 FR 
72567 (October 20, 2016), and the ``Assessment Rates'' section, 
below.
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Public Comment

    Interested parties are invited to comment on the preliminary 
results and may submit case briefs and/or written comments, filed 
electronically via Enforcement and Compliance's Antidumping Duty and 
Countervailing Duty Centralized Electronic Service System (ACCESS), 
within 30 days after the date of publication of these preliminary 
results of review.\12\ ACCESS is available to registered users at 
https://access.trade.gov. Rebuttal briefs, limited to issues raised in 
the case briefs, must be filed within seven days after the time limit 
for filing case briefs.\13\ Parties who submit case or rebuttal briefs 
in this proceeding are requested to submit with each argument a 
statement of the issue, a brief summary of the argument, and a table of 
authorities.\14\ Note that Commerce has temporarily modified certain 
portions of its requirements for serving documents containing business 
proprietary information, until further notice.\15\
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    \12\ See 19 CFR 351.309(c)(1)(ii).
    \13\ See 19 CFR 351.309(d)(1) and (2); see also Temporary Rule 
Modifying AD/CVD Service Requirements Due to COVID-19; Extension of 
Effective Period, 85 FR 41363 (July 10, 2020) (Temporary Rule).
    \14\ See 19 CFR 351.309(c) and (d); see also 19 CFR 351.303 (for 
general filing requirements).
    \15\ See Temporary Rule.
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    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to Commerce within 
30 days of the date of publication of this notice.\16\ Requests should 
contain: (1) The party's name, address, the telephone number; (2) the 
number of participants; and (3) a list of issues to be discussed. 
Issues raised in the hearing will be limited to those raised in the 
respective case and rebuttal briefs. If a request for a hearing is 
made, parties will be notified of the time and date for the hearing to 
be held.\17\ Commerce intends to issue the final results of this 
administrative review, which will include the results of our analysis 
of all issues raised in the case briefs, within 120 days of publication 
of these preliminary results in the Federal Register, unless extended, 
pursuant to section 751(a)(3)(A) of the Act.
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    \16\ See 19 CFR 351.310(c).
    \17\ See 19 CFR 310(d).
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Assessment Rates

    Upon issuance of the final results of this review, Commerce will 
determine, and CBP will assess, antidumping duties on all appropriate 
entries covered by this review.\18\ Commerce intends to issue 
assessment instructions to CBP no earlier than 35 days after the date 
of publication of the final results of this review in the Federal 
Register. If a timely summons is filed at the U.S. Court of 
International Trade, the assessment instructions will direct CBP not to 
liquidate relevant entries until the time for parties to file a request 
for a statutory injunction has expired (i.e., within 90 days of 
publication). Pursuant to Commerce's practice in NME cases, if we 
continue to determine in the final results that TMI and TMM had no 
shipments of subject merchandise, any suspended entries of subject 
merchandise during the POR from these companies will be liquidated at 
the China-wide rate.\19\
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    \18\ See 19 CFR 351.212(b)(1).
    \19\ For a full discussion of this practice, see Non-Market 
Economy Antidumping Proceedings: Assessment of Antidumping Duties, 
76 FR 65694 (October 24, 2011).
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Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of the 
final results of review, as provided for by section 751(a)(2)(C) of the 
Act: (1) For TMI, which claimed no shipments, the cash deposit rate 
will remain unchanged from the rate assigned to TMI 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

[[Page 56894]]

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 (including TMM, which claimed no shipments, but has not 
been found to be separate from China-wide entity), the cash deposit 
rate will be China-wide rate of 141.49 percent; 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 Chinese 
exporter(s) that supplied that non-Chinese exporter. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Notification to Importers

    This notice also serves as a preliminary 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 review period. 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 to Interested Parties

    These preliminary results of review are issued and published in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(b)(4).

    Dated: October 6, 2021.
Christian Marsh,
Acting Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2021-22240 Filed 10-12-21; 8:45 am]
BILLING CODE 3510-DS-P