Magnesium Metal From the People's Republic of China: Continuation of Antidumping Duty Order, 67439-67440 [2021-25770]

Download as PDF Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices production facilities,11 suppliers,12 or customer base.13 Based on these facts, which are explained in greater detail in the accompanying Preliminary Decision Memorandum, we preliminarily determine that SVBR and SVEX are the successors-in-interest to IP and IPEX, respectively, for purposes of the Order, and, thus, Sylvamo is the successor-ininterest to International Paper. Should our final results of review remain unchanged from these preliminary results of review, we will instruct U.S. Customs and Border Protection to apply International Paper’s cash deposit rate to Sylvamo. Public Comment Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 14 days of publication of this notice.14 In accordance with 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs not later than 14 days after the date of publication of this notice.15 Rebuttal briefs, limited to issues raised in case briefs, may be filed not later than seven days after the due date for case briefs, in accordance with 19 CFR 351.309(d).16 Parties who submit case briefs or rebuttal briefs in this CCR are requested to submit with each argument: (1) A statement of the issues; (2) a brief summary of the arguments; and (3) a table of authorities.17 Hearing requests should contain the following information: (1) The party’s name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, Commerce intends to hold the hearing at a time and date to be determined. Parties should confirm the date and the time of the hearing two days before the scheduled date. All submissions must be filed electronically using Enforcement and Compliance’s Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS), and must also be served on interested jspears on DSK121TN23PROD with NOTICES1 11 Id. at Attachment 11. 12 Id. at Attachment 16. 13 Id. at Attachment 14. 14 Commerce is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing. 15 Commerce is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs. 16 See Temporary Rule Modifying AD/CVD Service Requirements Due to COVID–19, 85 FR 17006, 17007 (March 26, 2020). 17 See 19 CFR 351.309(c)(2). VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 parties.18 An electronically-filed document must be received successfully in its entirely by ACCESS by 5:00 p.m. Eastern Time (ET) on the due date.19 Note that Commerce has temporarily modified certain requirements for serving documents containing business proprietary information, until further notice.20 Consistent with 19 CFR 351.216(e), we intend to issue the final results of this CCR no later than 270 days after the date on which this reviews was initiated, or within 45 days of publication of these preliminary results, if all parties agree to the preliminary findings. Notification to Interested Parties We are issuing and publishing this initiation and preliminary results notice in accordance with section 751(b)(1) and 777(i)(1) of the Act, and 19 CFR 351.216(b) and 351.221(c)(3). Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Successor-in-Interest Determination V. Recommendation [FR Doc. 2021–25781 Filed 11–24–21; 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: Continuation of Antidumping Duty Order Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (Commerce) and the International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on magnesium metal from the People’s Republic of China (China) would likely lead to a continuation or AGENCY: 18 ACCESS is available to registered users at https://access.trade.gov. 19 See 19 CFR 351.303(b). 20 See Temporary Rule Modifying AD/CVD Service Requirements Due to Covid–19; Extension of Effective Period, 85 FR 41363 (July 10, 2020). PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 67439 recurrence of dumping and material injury to an industry in the United States, Commerce is publishing a notice of continuation of this AD order. DATES: Applicable November 26, 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 15, 2005, Commerce published the AD order on magnesium metal from China.1 On June 1, 2021, Commerce initiated,2 and the ITC instituted,3 the third sunset review of the Order, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act). As a result of its review, Commerce determined that revocation of the Order would likely lead to continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the Order be revoked.4 On November 17, 2021, the ITC published notice of its determination, pursuant to section 751(c) of the Act, that revocation of the Order would be likely to lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time.5 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 1 See Notice of Antidumping Duty Order: Magnesium Metal from the People’s Republic of China, 70 FR 19928 (April 15, 2005) (Order). 2 See Initiation of Five-Year (Sunset) Review, 86 FR 29239 (June 1, 2021). 3 See Magnesium from China; Institution of a Five-Year Review, 86 FR 29280 (June 1, 2021). 4 See Magnesium Metal from the People’s Republic of China: Final Results of the Expedited Third Sunset Review of the Antidumping Duty Order, 86 FR 51654 (September 16, 2021). 5 See Alloy Magnesium from China, (Investigation No. 731–TA–1071), 86 FR 64230, (November 17, 2021). E:\FR\FM\26NON1.SGM 26NON1 67440 Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Notices jspears on DSK121TN23PROD with NOTICES1 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’’ 6 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;’’ 7 (2) magnesium that is in liquid or molten form; and (3) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain 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.8 The merchandise subject to 6 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. 7 The material is already covered by existing antidumping orders. See Notice of Antidumping Duty Orders: Pure Magnesium from the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium from the Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001). 8 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); and 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 VerDate Sep<11>2014 20:16 Nov 24, 2021 Jkt 256001 this order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Continuation of the Order As a result of the determinations by Commerce and the ITC that revocation of the Order would likely lead to a continuation or recurrence of dumping as well as material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act and 19 CFR 351.218(a), Commerce hereby orders the continuation of the Order. U.S. Customs and Border Protection will continue to collect AD cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the Order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 351.218(c)(2), Commerce intends to initiate the next five-year review of the Order no later than 30 days prior to the fifth anniversary of the effective date of continuation. Administrative Protective Order This notice also serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return/destruction, or conversion to judicial protective order of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which may be subject to sanctions. Notification to Interested Parties This five-year sunset review and this notice are in accordance with section 751(c) and 751(d)(2) of the Act and published pursuant to section 777(i)(1) of the Act and 19 CFR 351.218(f)(4). Dated: November 19, 2021. Ryan Majerus, Deputy Assistant Secretary for Policy and Negotiations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. [FR Doc. 2021–25770 Filed 11–24–21; 8:45 am] BILLING CODE 3510–DS–P they are not combined in liquid form and cast into the same ingot. PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration [A–533–840] Certain Frozen Warmwater Shrimp From India: Final Results of Antidumping Duty Administrative Review; 2019–2020 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (Commerce) determines that producers and/or exporters of certain frozen warmwater shrimp (shrimp) from India made sales at less than normal value during the period of review (POR) February 1, 2019, through January 31, 2020. AGENCY: DATES: Applicable November 26, 2021. FOR FURTHER INFORMATION CONTACT: Adam Simons, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482–6172. SUPPLEMENTARY INFORMATION: Background This administrative review covers 154 producers and/or exporters of the subject merchandise. Commerce selected two mandatory respondents for individual examination: H.N. Indigos Private Limited (HN Indigos) and RSA Marines. The producers/exporters not selected for individual examination are listed in the ‘‘Final Results of the Review’’ section of this notice. On June 25, 2021, Commerce published the Preliminary Results.1 On August 2, 2021, we received case briefs from HN Indigos and RSA Marines. On August 9, 2021, we received rebuttal briefs from the petitioner 2 and the American Shrimp Processors Association. On October 14, 2021, we postponed the final results to no later than November 19, 2021.3 For a complete discussion of the events that occurred since the Preliminary Results, see the Issues and Decision Memorandum.4 1 See Preliminary Results of Antidumping Duty Administrative Review; 2019–2020, 86 FR 33658 (June 25, 2021) (Preliminary Results), and accompanying Preliminary Decision Memorandum (PDM). 2 The petitioner is the Ad Hoc Shrimp Trade Action Committee. 3 See Memorandum, ‘‘Extension of Deadline for Final Results of the 2019–2020 Antidumping Duty Administrative Review,’’ dated October 14, 2021. 4 See Memorandum, ‘‘Issues and Decision Memorandum for the Final Results of the 2019– 2020 Antidumping Duty Administrative Review of E:\FR\FM\26NON1.SGM 26NON1

Agencies

[Federal Register Volume 86, Number 225 (Friday, November 26, 2021)]
[Notices]
[Pages 67439-67440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25770]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


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

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

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

DATES: Applicable November 26, 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 15, 2005, Commerce published the AD order on magnesium 
metal from China.\1\ On June 1, 2021, Commerce initiated,\2\ and the 
ITC instituted,\3\ the third sunset review of the Order, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (the Act). As a 
result of its review, Commerce determined that revocation of the Order 
would likely lead to continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the Order be revoked.\4\
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    \1\ See Notice of Antidumping Duty Order: Magnesium Metal from 
the People's Republic of China, 70 FR 19928 (April 15, 2005) 
(Order).
    \2\ See Initiation of Five-Year (Sunset) Review, 86 FR 29239 
(June 1, 2021).
    \3\ See Magnesium from China; Institution of a Five-Year Review, 
86 FR 29280 (June 1, 2021).
    \4\ See Magnesium Metal from the People's Republic of China: 
Final Results of the Expedited Third Sunset Review of the 
Antidumping Duty Order, 86 FR 51654 (September 16, 2021).
---------------------------------------------------------------------------

    On November 17, 2021, the ITC published notice of its 
determination, pursuant to section 751(c) of the Act, that revocation 
of the Order would be likely to lead to continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time.\5\
---------------------------------------------------------------------------

    \5\ See Alloy Magnesium from China, (Investigation No. 731-TA-
1071), 86 FR 64230, (November 17, 2021).
---------------------------------------------------------------------------

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

[[Page 67440]]

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'' \6\ and are thus outside the scope 
of the existing antidumping orders on magnesium from China (generally 
referred to as ``alloy'' magnesium).
---------------------------------------------------------------------------

    \6\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
---------------------------------------------------------------------------

    The scope of 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;'' \7\ (2) magnesium that is in 
liquid or molten form; and (3) mixtures containing 90 percent or less 
magnesium in granular or powder form by weight and one or more of 
certain 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.\8\ 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.
---------------------------------------------------------------------------

    \7\ The material is already covered by existing antidumping 
orders. See Notice of Antidumping Duty Orders: Pure Magnesium from 
the People's Republic of China, the Russian Federation and Ukraine; 
Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Antidumping Duty Investigation of Pure Magnesium from the 
Russian Federation, 60 FR 25691 (May 12, 1995); and Antidumping Duty 
Order: Pure Magnesium in Granular Form from the People's Republic of 
China, 66 FR 57936 (November 19, 2001).
    \8\ 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); and 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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Continuation of the Order

    As a result of the determinations by Commerce and the ITC that 
revocation of the Order would likely lead to a continuation or 
recurrence of dumping as well as material injury to an industry in the 
United States, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.218(a), Commerce hereby orders the continuation of the Order. U.S. 
Customs and Border Protection will continue to collect AD cash deposits 
at the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the Order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act and 19 CFR 
351.218(c)(2), Commerce intends to initiate the next five-year review 
of the Order no later than 30 days prior to the fifth anniversary of 
the effective date of continuation.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return/destruction, or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.

Notification to Interested Parties

    This five-year sunset review and this notice are in accordance with 
section 751(c) and 751(d)(2) of the Act and published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.218(f)(4).

    Dated: November 19, 2021.
Ryan Majerus,
Deputy Assistant Secretary for Policy and Negotiations, performing the 
non-exclusive functions and duties of the Assistant Secretary for 
Enforcement and Compliance.
[FR Doc. 2021-25770 Filed 11-24-21; 8:45 am]
BILLING CODE 3510-DS-P

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