Pure Magnesium in Granular Form From the People's Republic of China: Continuation of Antidumping Duty Order, 66376-66377 [2023-20940]

Download as PDF 66376 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices emailed to Mallory Trachtenberg at mtrachtenberg@usccr.gov. Persons who desire additional information may contact the Regional Programs Coordination Unit at 1–312–353–8311. Records generated from this meeting may be inspected and reproduced at the Regional Programs Coordination Unit Office, as they become available, both before and after the meeting. Records of the meetings will be available via www.facadatabase.gov under the Commission on Civil Rights, Maine Advisory Committee link. Persons interested in the work of this Committee are directed to the Commission’s website, https://www.usccr.gov, or may contact the Regional Programs Coordination Unit at ebohor@usccr.gov. Agenda I. Welcome & Roll Call II. Discussion: Next Steps for the Committee III. Public Comment IV. Adjournment Dated: September 22, 2023. David Mussatt, Supervisory Chief, Regional Programs Unit. [FR Doc. 2023–21083 Filed 9–26–23; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE International Trade Administration [A–570–864] Pure Magnesium in Granular Form 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 U.S. Department of Commerce (Commerce) and the U.S. International Trade Commission (ITC) that revocation of the antidumping duty (AD) order on pure magnesium in granular form from the People’s Republic of China (China) would likely lead to the 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 September 15, 2023. FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482–4474. ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 18:44 Sep 26, 2023 Jkt 259001 SUPPLEMENTARY INFORMATION: Background On November 19, 2001, Commerce published in the Federal Register the AD order on pure magnesium in granular form from China.1 On February 1, 2023, the ITC instituted,2 and Commerce initiated,3 the fourth 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 the continuation or recurrence of dumping, and therefore, notified the ITC of the magnitude of the margins of dumping likely to prevail should the Order be revoked.4 On September 15, 2023, the ITC published its determination, pursuant to section 751(c) of the Act, that revocation of the Order would likely 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 There is an existing AD order on pure magnesium from the People’s Republic of China.6 The scope of this order excludes pure magnesium that is already covered by the existing order on pure magnesium in ingot form, and currently classifiable under item numbers 8104.11.00 and 8104.19.00 of the Harmonized Tariff Schedule of the United States (HTSUS). The scope of this Order includes imports of pure magnesium products, regardless of chemistry, including, without limitation, raspings, granules, turnings, chips, powder, and briquettes, except as noted above. Pure magnesium includes: (1) products that contain at least 99.95 percent primary magnesium, by weight 1 See Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (November 19, 2001) (Order). 2 See Pure Granular Magnesium from China; Institution of a Five-Year Review, 88 FR 6784 (February 1, 2023). 3 See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 (February 1, 2023). 4 See Pure Magnesium in Granular Form from the People’s Republic of China: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order, 88 FR 37014 (June 6, 2023), and accompanying Issues and Decision Memorandum. 5 See Pure Granular Magnesium from China, 88 FR 63616 (September 15, 2023) (ITC Final Determination). 6 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). PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 (generally referred to as ‘‘ultra pure’’ magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent primary magnesium, by weight (generally referred to as ‘‘pure’’ magnesium); (3) chemical combinations of pure 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 (generally referred to as ‘‘off specification pure’’ magnesium); and (4) physical mixtures of pure magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight. Excluded from this Order are mixtures containing 90 percent or less pure magnesium by weight and one or more of certain nonmagnesium granular materials to make magnesium-based reagent mixtures. The non-magnesium granular materials of which Commerce is aware used to make such excluded reagents are: lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina (Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomitic lime, and colemanite. A party importing a magnesium-based reagent which includes one or more materials not on this list is required to seek a scope clarification from Commerce before such a mixture may be imported free of antidumping duties. The merchandise subject to this Order is currently classifiable under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this Order 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 continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, 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. 7 The meaning of this term is the same as that used by the American Society for Testing and Materials in its Annual Book of ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys. E:\FR\FM\27SEN1.SGM 27SEN1 Federal Register / Vol. 88, No. 186 / Wednesday, September 27, 2023 / Notices The effective date of the continuation of the Order will be September 15, 2023.8 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 not later than 30 days prior to fifth anniversary of the date of the last determination by the ITC. Administrative Protective Order (APO) This notice also serves as a final reminder to parties subject to an APO of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3), which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. Notification to Interested Parties This five-year (sunset) review and this notice are in accordance with sections 751(c) and 751(d)(2) of the Act and published in accordance with section 777(i) of the Act, and 19 CFR 351.218(f)(4). Dated: September 20, 2023. Lisa W. Wang, Assistant Secretary for Enforcement and Compliance. DEPARTMENT OF COMMERCE International Trade Administration [A–570–893] Certain Frozen Warmwater Shrimp From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022– 2023 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily determines that all exporters subject to this administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from the People’s Republic of China (China) are part of the China-wide entity because they did not demonstrate their eligibility for a separate rate. The period ddrumheller on DSK120RN23PROD with NOTICES1 ITC Final Determination. VerDate Sep<11>2014 18:44 Sep 26, 2023 Jkt 259001 On February 1, 2005, Commerce published in the Federal Register the antidumping duty order on shrimp from China.1 On February 2, 2023, Commerce published in the Federal Register a notice of opportunity to request an administrative review of the Order.2 On April 11, 2023, based on timely requests for an administrative review, Commerce initiated this administrative review with respect to 139 exporters.3 Subsequently, we released U.S. Customs and Border Protection (CBP) data to interested parties for comment.4 We received timely comments from the Ad Hoc Shrimp Trade Action Committee (AHSTAC).5 We did not receive a no-shipment statement, separate rate application (SRA), or separate rate certification (SRC) from any company subject to this review that had an active separate rate during the POR.6 The scope of the Order includes certain frozen warmwater shrimp and BILLING CODE 3510–DS–P 8 See Background Scope of the Order [FR Doc. 2023–20940 Filed 9–26–23; 8:45 am] AGENCY: of review (POR) is February 1, 2022, through January 31, 2023. DATES: Applicable September 27, 2023. FOR FURTHER INFORMATION CONTACT: Colin Thrasher, 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) 482–3004. SUPPLEMENTARY INFORMATION: 1 See Notice of Amended Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp from the People’s Republic of China, 70 FR 5149 (February 1, 2005) (Order). 2 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review and Join Annual Inquiry Service List, 88 FR 7071 (February 2, 2023). 3 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 88 FR 21609 (April 11, 2023). 4 See Memorandum, ‘‘Release of U.S. Customs and Border Protection Data,’’ dated May 10, 2023. 5 See AHSTAC’s Letter, ‘‘Domestic Producers’ Comments Regarding Respondent Selection,’’ dated May 17, 2023. 6 We received a timely no-shipment certification from Zhanjiang Regal Integrated Marine Resources Co., Ltd. (Zhanjiang Regal). Zhanjiang Regal is excluded from the Order with respect to merchandise manufactured and exported by Zhanjiang Regal. See Certain Frozen Warmwater Shrimp from the People’s Republic of China: Final Results of Administrative Review; 2011–2012, 78 FR 56209, 56210 (September 12, 2013). Zhanjiang Regal submitted a no-shipment certification for exports outside the above combination. However, because Zhanjiang Regal has not established its eligibility for a separate rate, outside of the excluded combination noted above, we preliminarily continue to consider it to be part of the China-wide entity. PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 66377 prawns, whether wild caught (ocean harvested) or farm raised (produced by aquaculture), head on or head off, shell on or peeled, tail on or tail off,7 deveined or not deveined, cooked or raw, or otherwise processed in frozen form. The frozen warmwater shrimp and prawn products included in the scope of the Order, regardless of definitions in the Harmonized Tariff Schedule of the United States (HTSUS), are products which are processed from warmwater shrimp and prawns through freezing and which are sold in any count size. The products described above may be processed from any species of warmwater shrimp and prawns. Warmwater shrimp and prawns are generally classified in, but are not limited to, the Penaeidae family. Some examples of the farmed and wild caught warmwater species include, but are not limited to, white-leg shrimp (Penaeus vannemei), banana prawn (Penaeus merguiensis), fleshy prawn (Penaeus chinensis), giant river prawn (Macrobrachium rosenbergii), giant tiger prawn (Penaeus monodon), redspotted shrimp (Penaeus brasiliensis), southern brown shrimp (Penaeus subtilis), southern pink shrimp (Penaeus notialis), southern rough shrimp (Trachypenaeus curvirostris), southern white shrimp (Penaeus schmitti), blue shrimp (Penaeus stylirostris), western white shrimp (Penaeus occidentalis), and Indian white prawn (Penaeus indicus). Frozen shrimp and prawns that are packed with marinade, spices or sauce are included in the scope of the Order. In addition, food preparations, which are not ‘‘prepared meals,’’ that contain more than 20 percent by weight of shrimp or prawn are also included in the scope of the Order. Excluded from the scope are: (1) breaded shrimp and prawns (HTSUS subheading 1605.20.1020); (2) shrimp and prawns generally classified in the Pandalidae family and commonly referred to as coldwater shrimp, in any state of processing; (3) fresh shrimp and prawns whether shell on or peeled (HTSUS subheadings 0306.23.0020 and 0306.23.0040); (4) shrimp and prawns in prepared meals (HTSUS subheading 1605.20.0510); (5) dried shrimp and prawns; (6) Lee Kum Kee’s shrimp sauce; (7) canned warmwater shrimp and prawns (HTSUS subheading 1605.20.1040); and (8) certain battered shrimp. Battered shrimp is a shrimpbased product: (1) that is produced from fresh (or thawed-from-frozen) and 7 ‘‘Tails’’ in this context means the tail fan, which includes the telson and the uropods. E:\FR\FM\27SEN1.SGM 27SEN1

Agencies

[Federal Register Volume 88, Number 186 (Wednesday, September 27, 2023)]
[Notices]
[Pages 66376-66377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20940]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Pure Magnesium in Granular Form 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 U.S. Department of 
Commerce (Commerce) and the U.S. International Trade Commission (ITC) 
that revocation of the antidumping duty (AD) order on pure magnesium in 
granular form from the People's Republic of China (China) would likely 
lead to the 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 September 15, 2023.

FOR FURTHER INFORMATION CONTACT: Charles Doss, 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) 482-4474.

SUPPLEMENTARY INFORMATION:

Background

    On November 19, 2001, Commerce published in the Federal Register 
the AD order on pure magnesium in granular form from China.\1\ On 
February 1, 2023, the ITC instituted,\2\ and Commerce initiated,\3\ the 
fourth 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 
the continuation or recurrence of dumping, and therefore, notified the 
ITC of the magnitude of the margins of dumping likely to prevail should 
the Order be revoked.\4\
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    \1\  See Antidumping Duty Order: Pure Magnesium in Granular Form 
from the People's Republic of China, 66 FR 57936 (November 19, 2001) 
(Order).
    \2\ See Pure Granular Magnesium from China; Institution of a 
Five-Year Review, 88 FR 6784 (February 1, 2023).
    \3\ See Initiation of Five-Year (Sunset) Reviews, 88 FR 6700 
(February 1, 2023).
    \4\ See Pure Magnesium in Granular Form from the People's 
Republic of China: Final Results of Expedited Fourth Sunset Review 
of the Antidumping Duty Order, 88 FR 37014 (June 6, 2023), and 
accompanying Issues and Decision Memorandum.
---------------------------------------------------------------------------

    On September 15, 2023, the ITC published its determination, 
pursuant to section 751(c) of the Act, that revocation of the Order 
would likely lead to continuation or recurrence of material injury to 
an industry in the United States within a reasonably foreseeable 
time.\5\
---------------------------------------------------------------------------

    \5\ See Pure Granular Magnesium from China, 88 FR 63616 
(September 15, 2023) (ITC Final Determination).
---------------------------------------------------------------------------

Scope of the Order

    There is an existing AD order on pure magnesium from the People's 
Republic of China.\6\ The scope of this order excludes pure magnesium 
that is already covered by the existing order on pure magnesium in 
ingot form, and currently classifiable under item numbers 8104.11.00 
and 8104.19.00 of the Harmonized Tariff Schedule of the United States 
(HTSUS).
---------------------------------------------------------------------------

    \6\ 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).
---------------------------------------------------------------------------

    The scope of this Order includes imports of pure magnesium 
products, regardless of chemistry, including, without limitation, 
raspings, granules, turnings, chips, powder, and briquettes, except as 
noted above.
    Pure magnesium includes: (1) products that contain at least 99.95 
percent primary magnesium, by weight (generally referred to as ``ultra 
pure'' magnesium); (2) products that contain less than 99.95 percent 
but not less than 99.8 percent primary magnesium, by weight (generally 
referred to as ``pure'' magnesium); (3) chemical combinations of pure 
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\ 
(generally referred to as ``off specification pure'' magnesium); and 
(4) physical mixtures of pure magnesium and other material(s) in which 
the pure magnesium content is 50 percent or greater, but less than 99.8 
percent, by weight. Excluded from this Order are mixtures containing 90 
percent or less pure magnesium by weight and one or more of certain 
non-magnesium granular materials to make magnesium-based reagent 
mixtures. The non-magnesium granular materials of which Commerce is 
aware used to make such excluded reagents are: lime, calcium metal, 
calcium silicon, calcium carbide, calcium carbonate, carbon, slag 
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina 
(Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke, 
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, 
magnesium oxide, periclase, ferroalloys, dolomitic lime, and 
colemanite. A party importing a magnesium-based reagent which includes 
one or more materials not on this list is required to seek a scope 
clarification from Commerce before such a mixture may be imported free 
of antidumping duties.
---------------------------------------------------------------------------

    \7\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book of 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
---------------------------------------------------------------------------

    The merchandise subject to this Order is currently classifiable 
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of this Order 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 continuation or recurrence 
of dumping and material injury to an industry in the United States, 
pursuant to section 751(d)(2) of the Act, 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.

[[Page 66377]]

    The effective date of the continuation of the Order will be 
September 15, 2023.\8\ 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 not later than 30 days prior to fifth anniversary 
of the date of the last determination by the ITC.
---------------------------------------------------------------------------

    \8\ See ITC Final Determination.
---------------------------------------------------------------------------

Administrative Protective Order (APO)

    This notice also serves as a final reminder to parties subject to 
an APO of their responsibility concerning the return or destruction of 
proprietary information disclosed under APO in accordance with 19 CFR 
351.305(a)(3), which continues to govern business proprietary 
information in this segment of the proceeding. Timely written 
notification of the return or destruction of APO materials, or 
conversion to judicial protective order, is hereby requested. Failure 
to comply with the regulations and terms of an APO is a violation which 
is subject to sanction.

Notification to Interested Parties

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

    Dated: September 20, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2023-20940 Filed 9-26-23; 8:45 am]
BILLING CODE 3510-DS-P

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