Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2020-2021, 9575-9576 [2022-03662]
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Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
the merchandise subject to this order is
dispositive.
[FR Doc. 2022–03659 Filed 2–18–22; 8:45 am]
BILLING CODE 3510–DS–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; 2020–2021
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) continues to find that
Tianjin Magnesium International Co.,
Ltd. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (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, 2020, through April 30,
2021.
AGENCY:
DATES:
Applicable February 22, 2022.
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.
SUPPLEMENTAL INFORMATION:
Background
On November 15, 2021, Commerce
published the Preliminary Results of
this administrative review in the
Federal Register.1 No interested party
submitted comments concerning the
Preliminary Results or requested a
hearing in this administrative review.
Commerce conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (the Act).
Scope of the Order 2
lotter on DSK11XQN23PROD with NOTICES1
The product covered by the Order is
pure magnesium from China, regardless
of chemistry, form or size, unless
1 See Pure Magnesium from the People’s Republic
of China: Preliminary Results of Antidumping
Administrative Review; 2020–2021, 86 FR 62990
(November 15, 2021) (Preliminary Results).
2 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) (Order).
VerDate Sep<11>2014
19:42 Feb 18, 2022
Jkt 256001
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).
(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
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 00013
Fmt 4703
Sfmt 4703
9575
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 TMI/TMM had no
shipments of subject merchandise to the
United States during the POR.4 As noted
in the Preliminary Results, we received
no-shipment statements from TMI/
TMM,5 and the statements were
consistent with the information we
received from U.S. Customs and Border
Protection (CBP).6 Because Commerce
did not receive any comments on its
preliminary finding, Commerce
continues to find that TMI/TMM did not
have any shipments of subject
merchandise during the POR.
Assessment Rates
Based on record evidence, we have
determined that TMI/TMM had no
shipments of subject merchandise
during the POR, and, therefore,
pursuant to Commerce’s assessment
practice, any suspended entries entered
under their case number will be
liquidated at the China-wide entity
rate.7
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).
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
4 See
Preliminary Results, 86 FR 62990.
Preliminary Results, 86 FR 62990.
6 See Memorandum, ‘‘Antidumping Duty
Administrative Review of Pure Magnesium from the
People’s Republic of China; 05/01/2020–04/30/
2021: Entry Data and No Shipment Inquiry,’’ dated
August 31, 2021. On August 3, 2021, Commerce
issued a no shipment inquiry to U.S. Customs and
Border Protection (CBP) with respect to TMI/TMM.
On August 4, 2021, CBP responded that it had no
evidence of shipments of magnesium metal from
China exported by TMI/TMM during the POR.
7 See Non-Market Economy Antidumping
Proceedings: Assessment of Antidumping Duties, 76
FR 65694 (October 24, 2011).
5 See
E:\FR\FM\22FEN1.SGM
22FEN1
9576
Federal Register / Vol. 87, No. 35 / Tuesday, February 22, 2022 / Notices
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/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
companies; (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 nonChinese 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 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 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 doubled antidumping duties.
lotter on DSK11XQN23PROD with NOTICES1
Notification Regarding Administrative
Protection Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (APO) of
their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of the return of
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 751(a) and
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).
VerDate Sep<11>2014
19:42 Feb 18, 2022
Jkt 256001
777(i) of the Act, and 19 CFR
351.213(h).
parties for this final determination, see
the Issues and Decision Memorandum.2
Dated: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance.
Period of Investigation
The period of investigation is July 1,
2020, through December 31, 2020.
[FR Doc. 2022–03662 Filed 2–18–22; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–139]
Certain Mobile Access Equipment and
Subassemblies Thereof From the
People’s Republic of China: 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 certain
mobile access equipment and
subassemblies thereof (mobile access
equipment) from the People’s Republic
of China (China) are being, or are likely
to be sold, in the United States at less
than fair value (LTFV).
DATES: Applicable February 22, 2022.
FOR FURTHER INFORMATION CONTACT:
Hermes Pinilla or Andre Gziryan, 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) 482–3477 or (202) 482–2201,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
Background
On September 30, 2021, Commerce
published in the Federal Register its
preliminary determination in the LTFV
investigation of mobile access
equipment from China, in which it also
postponed the final determination until
February 14, 2022.1 We invited
interested parties to comment on the
Preliminary Determination. For a
summary of the events that occurred
since Commerce published the
Preliminary Determination, as well as a
full discussion of the issues raised by
1 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 86 FR 54164 (September 30, 2021)
(Preliminary Determination), and accompanying
Preliminary Decision Memorandum (PDM).
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Scope of the Investigation
The products covered by this
investigation are mobile access
equipment from China. For a complete
description of the scope of this
investigation, see Appendix I.
Scope Comments
On July 26, 2021, we issued a
Preliminary Scope Decision
Memorandum.3 As discussed in the
Preliminary Determination, Commerce
did not modify the scope language as it
appeared in the Initiation Notice.4
Interested parties were provided an
opportunity to comment on the
Preliminary Scope Decision
Memorandum in scope case and rebuttal
briefs.5 We received comments from
interested parties on the Preliminary
Scope Decision Memorandum, which
we addressed in the Final Scope
Decision Memorandum.6 Commerce is
modifying the scope language as it
appeared in the Preliminary
Determination. See Appendix I for the
final scope of this investigation.
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 provided by the two
mandatory respondents, Zhejiang Dingli
Machinery Co., Ltd. (Dingli) and
Lingong Group Jinan Heavy Machinery
2 See Memorandum, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Decision Memorandum
for the Final Affirmative Determination of Sales at
Less-Than-Fair-Value,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
3 See Memorandum, ‘‘Certain Mobile Access
Equipment and Subassemblies Thereof from the
People’s Republic of China: Decision Memorandum
for the Final Affirmative Determination of Sales at
Less-Than-Fair-Value,’’ dated concurrently with,
and hereby adopted by, this notice (Issues and
Decision Memorandum).
4 See Certain Mobile Access Equipment and
Subassemblies Thereof from the People’s Republic
of China: Initiation of Less-Than-Fair-Value
Investigation, 86 FR 15922, 15927 (March 25, 2021)
(Initiation Notice).
5 See Preliminary Scope Decision Memorandum
at 2.
6 See Memorandum, ‘‘Antidumping Duty and
Countervailing Duty Investigations of Certain
Mobile Access Equipment and Subassemblies
Thereof from the People’s Republic of China: Final
Scope Decision Memorandum,’’ dated October 12,
2021 (Final Scope Decision Memorandum).
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 87, Number 35 (Tuesday, February 22, 2022)]
[Notices]
[Pages 9575-9576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03662]
-----------------------------------------------------------------------
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; 2020-2021
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. (TMI) and Tianjin Magnesium
Metal Co., Ltd. (TMM) (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, 2020, through April 30, 2021.
DATES: Applicable February 22, 2022.
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.
SUPPLEMENTAL INFORMATION:
Background
On November 15, 2021, Commerce published the Preliminary Results of
this administrative review in the Federal Register.\1\ No interested
party submitted comments concerning the Preliminary Results or
requested a hearing in this administrative review. Commerce conducted
this administrative review in accordance with section 751 of the Tariff
Act of 1930, as amended (the Act).
---------------------------------------------------------------------------
\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Administrative Review; 2020-2021,
86 FR 62990 (November 15, 2021) (Preliminary Results).
---------------------------------------------------------------------------
Scope of the Order \2\
---------------------------------------------------------------------------
\2\ 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) (Order).
---------------------------------------------------------------------------
The product covered by the 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 TMI/TMM had no
shipments of subject merchandise to the United States during the
POR.\4\ As noted in the Preliminary Results, we received no-shipment
statements from TMI/TMM,\5\ and the statements were consistent with the
information we received from U.S. Customs and Border Protection
(CBP).\6\ Because Commerce did not receive any comments on its
preliminary finding, Commerce continues to find that TMI/TMM did not
have any shipments of subject merchandise during the POR.
---------------------------------------------------------------------------
\4\ See Preliminary Results, 86 FR 62990.
\5\ See Preliminary Results, 86 FR 62990.
\6\ See Memorandum, ``Antidumping Duty Administrative Review of
Pure Magnesium from the People's Republic of China; 05/01/2020-04/
30/2021: Entry Data and No Shipment Inquiry,'' dated August 31,
2021. On August 3, 2021, Commerce issued a no shipment inquiry to
U.S. Customs and Border Protection (CBP) with respect to TMI/TMM. On
August 4, 2021, CBP responded that it had no evidence of shipments
of magnesium metal from China exported by TMI/TMM during the POR.
---------------------------------------------------------------------------
Assessment Rates
Based on record evidence, we have determined that TMI/TMM had no
shipments of subject merchandise during the POR, and, therefore,
pursuant to Commerce's assessment practice, any suspended entries
entered under their case number will be liquidated at the China-wide
entity rate.\7\
---------------------------------------------------------------------------
\7\ See Non-Market Economy Antidumping Proceedings: Assessment
of Antidumping Duties, 76 FR 65694 (October 24, 2011).
---------------------------------------------------------------------------
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).
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
[[Page 9576]]
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/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 companies; (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 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 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 doubled antidumping duties.
Notification Regarding Administrative Protection Order
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return of destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and the terms of an APO is a sanctionable
violation.
Notification to Interested Parties
This notice is issued and published in accordance with sections
751(a) and 777(i) of the Act, and 19 CFR 351.213(h).
Dated: February 14, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2022-03662 Filed 2-18-22; 8:45 am]
BILLING CODE 3510-DS-P
