Pure Magnesium From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2022-2023, 48149-48152 [2024-12340]
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
zero or de minimis in the final results,
or if an importer-specific assessment
rate is zero or de minimis in the final
results, Commerce will instruct CBP to
liquidate the appropriate entries
without regard to antidumping duties.
In accordance with Commerce’s
‘‘automatic assessment’’ practice, for
entries of subject merchandise that
entered the United States during the
POR that were produced by Shanti
Worldwide for which Shanti Worldwide
did not know that its merchandise was
destined to the United States,
Commerce will instruct CBP to liquidate
unreviewed entries at the all-others rate,
if there is no rate for the intermediate
company(ies) involved in the
transaction.17
For the companies listed in Appendix
II for which we are rescinding this
review, we will instruct CBP to assess
antidumping duties on all appropriate
entries at a rate equal to the cash deposit
of estimated antidumping duties
required at the time of entry, or
withdrawal from warehouse, in
accordance with 19 CFR 351.212(c)(l)(i).
Commerce intends to issue these
rescission instructions to CBP no earlier
than 35 days after the date of
publication of this notice in the Federal
Register.
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).
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Cash Deposit Requirements
The following deposit requirements
will be effective for all shipments of
organic soybean meal from India
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication of the final results of this
administrative review, as provided for
by section 751(a)(2)(C) of the Act: (1) the
cash deposit rate for the companies
under review will be the rate
established in the final results of this
review (except, if the rate is zero or de
minimis, no cash deposit will be
required); (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company-specific rate published for
17 For
a full discussion of this practice, see
Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954
(May 6, 2003).
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the most recent period; (3) if the
exporter is not a firm covered in this
review, a prior review, or the less-thanfair-value investigation, but the
manufacturer is, the cash deposit rate
will be the rate established for the most
recent period for the manufacturer of
the merchandise; and (4) the cash
deposit rate for all other manufacturers
or exporters will continue to be 3.07
percent, the all-others rate established
in the investigation.18 These cash
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) 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
administrative 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: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix I
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Recommendation
Appendix II
Companies for Which This Administrative
Review Is Being Rescinded
1. Abhay Oil Industries
2. Agrawal Oil & Biocheam
3. Bergwerff Organic India Pvt., Ltd.;
Bergwerff Organic Private Limited/
Suminter.India Organic Private Limited
4. Bio Treasure Overseas
5. Delight Lifelike Products Private Ltd.
6. Delight Sustainable Products LLP
7. Eco Gold Nutri and Organics LLP.
8. Ecopure Specialities Ltd.
9. Jay Shree Agro Products
10. Kaj Traders
11. Kanishka Organics LLP
12. Keshav Proteins and Organic LLP.
18 See
PO 00000
13. Kiesriya Agro Exim Pvt., Ltd.
14. Mani Loni
15. Navjyot International Pvt., Ltd.
16. Prasad Cotton Industries Pvt., Ltd.
17. Radha Krishna Oil Product
18. Raj Foods International
19. Raj Natural Food Pvt., Ltd.
20. Rajat Agro Commodities Pvt., Ltd.
21. Reindeer Organics LLP.
22. Sai Smaran Foods Ltd.
23. Satguru Agro Resources Private Ltd.
24. Satguru Organics Pvt., Ltd.
25. Seasons International Pvt., Ltd.
26. Shanti Overseas
27. Shemach Impex
28. Shivam Enterprises
29. Shri Narayani Mfg. Co.
30. Suminter India Organics Pvt., Ltd.
31. Tejawat Organic Foods
32. Unique Organics Ltd.
33. Vimala Food Products
34. Vinod Kumar Ranjeet Singh Bafna
35. We Organic Nature Pvt. Ltd.
[FR Doc. 2024–12341 Filed 6–4–24; 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: 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 the sole mandatory
respondent under review sold pure
magnesium from the People’s Republic
of China (China) at less than normal
value (NV) during the period of review
(POR) May 1, 2022, through April 30,
2023. Interested parties are invited to
comment on these preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: John
Conniff, 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) 482–1009.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 12,1995, Commerce
published in the Federal Register the
antidumping duty (AD) order on pure
magnesium from China.1 On May 2,
1 See Notice of Antidumping Duty Order: Pure
Magnesium from the People’s Republic of China,
the Russian Federation and Ukraine; Notice of
Amended Final Determination of Sales at Less
Order.
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
2023, Commerce published in the
Federal Register a notice of opportunity
to request administrative reviews of the
Order.2 On July 12, 2023, pursuant to
section 751(a)(1) of the Tariff Act of
1930, as amended (the Act), Commerce
initiated an administrative review of
Order.3 The review covers Tianjin
Magnesium International Co., Ltd. (TMI)
and Tianjin Magnesium Metal Co., Ltd.
(MMC).4
On January 5, 2024, we extended the
deadline for these preliminary results,
in accordance with section 751(a)(3)(A)
of the Act, and 19 CFR 351.213(h)(2),
until May 30, 2024.5
For a complete description of the
events that occurred since the Initiation
Notice and the analysis behind the
preliminary results herein, see the
Preliminary Decision Memorandum.6
The Preliminary 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).
Scope of the Order
The product covered by the Order is
pure magnesium from China. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
The China-Wide Entity
Commerce’s policy regarding
conditional review of the China-wide
entity applies to this administrative
review.7 Under this policy, the Chinawide entity will not be under review
unless a party specifically requests, or
Commerce self-initiates, a review of the
entity. Because no party requested a
review of the China-wide entity, the
entity is not under review, and the
entity’s rate, i.e., 111.73 percent, is not
subject to change.8 Moreover, we
preliminarily determine that MMC/TMI
is eligible for a separate rate and thus
not part of the China-wide entity.
Methodology
We are conducting this administrative
review in accordance with section
751(a)(1)(B) of the Act and 19 CFR
351.213. We calculated export prices for
MMC/TMI in accordance with section
772(a) of the Act. Because China is a
non-market economy within the
meaning of section 771(18) of the Act,
we calculated NV in accordance with
section 773(c) of the Act. For a full
description of the methodology
underlying the preliminary results of
this review, see the Preliminary
Decision Memorandum.
Preliminary Results of Review
We preliminarily determine that the
following weighted-average dumping
margin exists for the period May 1,
2022, through April 30, 2023:
Exporter
Weighted-average
dumping margin
(percent)
Tianjin Magnesium International Co., Ltd./Tianjin Magnesium Metal Co., Ltd .........................................................................
93.97
We intend to disclose to interested
parties the calculations performed for
these preliminary results in accordance
with 19 CFR 351.224(b). Interested
parties may submit case briefs no later
than seven days after the date on which
the last verification report is issued in
this administrative review. Rebuttal
briefs, limited to issues raised in the
case briefs, may be filed not later than
five days after the date for filing case
briefs.10 Interested parties who submit
case or rebuttal briefs in this proceeding
must submit: (1) a table of contents
listing each issue; and (2) a table of
authorities.11
As provided under 19 CFR
351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged
interested parties to provide an
executive summary of their brief that
should be limited to five pages total,
including footnotes. In this
administrative review, we instead
request that interested parties provide at
the beginning of their briefs a public,
executive summary for each issue raised
in their briefs.12 Further, we request that
interested parties limit their public
executive summary of each issue to no
more than 450 words, not including
citations. We intend to use the public
executive summaries as the basis of the
comment summaries included in the
Than Fair Value: Antidumping Duty Investigation
of Pure Magnesium from the Russian Federation, 60
FR 25691 (May 12, 1995) (Order). The companion
investigation involving alloy magnesium from
China ended as a result of the International Trade
Commission’s final negative injury determination in
that proceeding and, accordingly, an AD order was
issued only for imports of the pure magnesium
product from China.
2 See Antidumping or Countervailing Duty Order,
Finding, or Suspended Investigation; Opportunity
To Request Administrative Review and Join Annual
Inquiry Service List, 88 FR 27445 (May 2, 2023).
3 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
44262 (July 12, 2023) (Initiation Notice).
4 In the 2011–2012 administrative review,
Commerce collapsed both TMI and MMC into a
single entity. See Pure Magnesium from the
People’s Republic of China: Final Results of
Antidumping Duty Administrative Review; 2011–
2012, 79 FR 94 (January 2, 2014), and
accompanying Issues and Decision Memorandum at
footnote 1. Because there is no information on the
record of this administrative review that would lead
us to revisit this determination, we are continuing
to treat these companies as part of a single entity
for the purposes of this administrative review.
5 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Antidumping Duty
Administrative Review,’’ dated January 5, 2024.
6 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of Antidumping Duty
Administrative Review: Pure Magnesium from the
People’s Republic of China; 2022–2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Preliminary Decision Memorandum).
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963 (November 4, 2013).
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).
9 See Petitioner’s Letter, ‘‘Petitioner’s Request for
Verification,’’ dated October 16, 2023.
10 See 19 CFR 351.309(d); see also Administrative
Protective Order, Service, and Other Procedures in
Antidumping and Countervailing Duty Proceedings,
88 FR 67069, 67077 (September 29, 2023) (APO and
Service Final Rule).
11 See 19 351.309(c)(2) and (d)(2).
12 We use the term ‘‘issue’’ here to describe an
argument that Commerce would normally address
in a comment of the Issues and Decision
Memorandum.
Verification
On October 16, 2023, US Magnesium
LLC, the petitioner, requested that
Commerce conduct verification in this
review of TMI/MMC.9 Accordingly, as
provided in section 782(i)(3) of the Act,
Commerce intends to verify certain of
the information that will be relied upon
for the final results of this review.
Disclosure and Public Comment
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ACCESS is available to registered users
at https://access.trade.gov. In addition, a
complete version of the Preliminary
Decision Memorandum can be accessed
directly at https://access.trade.gov/
public/FRNoticesListLayout.aspx. A list
of topics discussed in the Preliminary
Decision Memorandum is included as
an appendix to this notice.
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
khammond on DSKJM1Z7X2PROD with NOTICES
issues and decision memorandum that
will accompany the final results of this
administrative review. We request that
interested parties include footnotes for
relevant citations in the public
executive summary of each issue. Note
that Commerce has amended certain of
its requirements pertaining to the
service of documents in 19 CFR
351.303(f).13
Pursuant to 19 CFR 351.310(c),
interested parties who wish to request a
hearing, limited to issues raised in the
case and rebuttal briefs, must submit a
written request to the Assistant
Secretary for Enforcement and
Compliance, U.S. Department of
Commerce, filed electronically via
Commerce’s electric records system,
ACCESS. An electronically-filed request
must be received successfully in its
entirety by 5:00 p.m. Eastern Time
within 30 days after the date of
publication of this notice.14 Requests
should contain (1) the party’s name,
address, and telephone number; (2) the
number of participants and whether any
participant is a foreign national; and (3)
a list of the issues to be discussed. If a
request for a hearing is made, Commerce
intends to hold the hearing at a time and
date to be determined.15 Parties should
confirm by telephone the date and time
of the hearing two days before the
scheduled date.
Unless otherwise extended, we intend
to issue the final results of this
administrative review, which will
include the results of our analysis of the
issues raised in the case and rebuttal
briefs, within 120 days of publication of
these preliminary results in the Federal
Register, pursuant to section
751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results,
Commerce will determine, and CBP
shall assess, antidumping duties on all
appropriate entries covered by this
review, in accordance with 19 CFR
351.212(b)(1). Commerce intends to
issue assessment instructions to CBP 35
days after the publication of the final
results of this review. 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).
We will calculate importer/customerspecific assessment rates equal to the
13 See
APO and Service Final Rule.
19 CFR 351.310(c).
15 See 19 CFR 351.310(d).
14 See
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ratio of the total amount of dumping
calculated for examined sales to a
particular importer/customer to the total
entered value of those sales, in
accordance with 19 CFR 351.212(b)(1).16
Where the respondent reported reliable
entered values, Commerce intends to
calculate importer/customer-specific ad
valorem assessment rates by dividing
the total amount of dumping calculated
for all reviewed U.S. sales to the
importer/customer by the total entered
value of the merchandise sold to the
importer/customer.17 Where the
respondents did not report entered
values, Commerce will calculate
importer/customer-specific assessment
rates by dividing the total amount of
dumping calculated for all reviewed
U.S. sales to the importer/customer by
the total quantity of those sales.
Commerce will calculate an estimated
ad valorem importer/customer-specific
assessment rate to determine whether
the per-unit assessment rate is de
minimis; however, Commerce will use
the per-unit assessment rate where
entered values were not reported.18
Where an importer/customer-specific ad
valorem assessment rate is not zero or
de minimis, Commerce will instruct
CBP to collect the appropriate duties at
the time of liquidation. Where either the
respondent’s ad valorem weightedaverage dumping margin is zero or de
minimis, or an importer/customerspecific ad valorem assessment rate is
zero or de minimis,19 Commerce will
instruct CBP to liquidate the appropriate
entries without regard to antidumping
duties.
Pursuant to Commerce’s refinement to
its practice, for sales that were not
reported in the U.S. sales database
submitted by a respondent individually
examined during this review, Commerce
will instruct CBP to liquidate the entry
of such merchandise at the dumping
margin assigned to the China-wide
entity.20
In accordance with section
751(a)(2)(C) of the Act, the final results
of this review shall be the basis for the
assessment of ADs on entries of
merchandise covered by the final results
of this review and for future deposits of
16 In these preliminary results, Commerce applied
the assessment rate calculation method adopted in
Antidumping Proceedings: Calculation of the
Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping
Proceedings: Final Modification, 77 FR 8101
(February 14, 2012).
17 See 19 CFR 351.212(b)(1).
18 Id.
19 See 19 CFR 351.106(c)(2).
20 For a full discussion of this practice, see NonMarket Economy Antidumping Proceedings:
Assessment of Antidumping Duties, 76 FR 65694
(October 24, 2011).
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48151
estimated antidumping duties, where
applicable.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for all shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided for by section
751(a)(2)(C) of the Act: (1) the cash
deposit rate for MMC/TMI will be that
rate established in the final results of
this review (except, if the rate is de
minimis, then a cash deposit rate of zero
will be required); (2) for a previously
investigated or reviewed exporter of
subject merchandise not listed in the
final results of review that has a
separate rate, the cash deposit rate will
continue to be the exporter’s existing
cash deposit rate; (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 rate for the China-wide entity
(i.e., 111.73 percent); and (4) for all
exporters of subject merchandise that
are not located in China and are not
eligible for a separate rate, the cash
deposit rate will be the rate applicable
to the Chinese exporter(s) that supplied
that non-Chinese exporter. These cash
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
We are issuing and publishing the
preliminary results of this review in
accordance with sections 751(a)(l) and
777(i)(l) of the Act, and 19 CFR
351.213(h)(1), and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
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Federal Register / Vol. 89, No. 109 / Wednesday, June 5, 2024 / Notices
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–12340 Filed 6–4–24; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–489–850]
Aluminum Extrusions From the
Republic of Türkiye: Amended
Preliminary Determination of the LessThan-Fair-Value Investigation
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) is amending its
preliminary affirmative determination
in the less-than-fair-value (LTFV)
investigation of aluminum extrusions
from the Republic of Türkiye (Türkiye)
to correct for significant ministerial
errors. The period of investigation is
October 1, 2022, through September 30,
2023.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Taylor Hatley, 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) 482–4886.
AGENCY:
Background
On May 7, 2024, Commerce published
in the Federal Register its preliminary
affirmative determination in the LTFV
investigation of aluminum extrusions
from Türkiye.1 On May 7 and 9, 2024,
respectively, mandatory respondents,
Erdoganlar Aluminyum San. ve Tic.
A.S. (Erdoganlar) and Sistem
Aluminyum Sanayi ve Ticaret A.S.
(Sistem) timely alleged that Commerce
made significant ministerial errors in
calculating their estimated weightedaverage dumping margins.2
Scope of the Investigation
The products covered by this
investigation are aluminum extrusions
from Türkiye. For a complete
description of the scope of this
investigation, see the Preliminary
Determination.3
Legal Framework
A ministerial error is defined as
including ‘‘errors in addition,
subtraction, or other arithmetic
function, clerical error resulting from
inaccurate copying, duplication, or the
like, and any other similar type of
unintentional error which {Commerce}
considers ministerial.’’ 4 A ministerial
error is considered to be ‘‘significant’’ if
its correction, either singly or in
combination with other errors, would
result in: (1) a change of at least five
absolute percentage points in, but not
less than 25 percent of, the weightedaverage dumping margin calculated in
the preliminary determination; or (2) a
difference between a weighted-average
dumping margin of zero (or de minimis)
and a weighted-average dumping
margin of greater than de minimis or
vice versa.5 Pursuant to 19 CFR
351.224(e), Commerce ‘‘will analyze any
comments received and, if appropriate,
correct any significant ministerial error
by amending the preliminary
determination.’’
Analysis of Significant Ministerial
Errors
In the Preliminary Determination,
Commerce made significant ministerial
errors within the meaning of section
735(e) of the Act and 19 CFR 351.224(f)
and (g)(1) in calculating the estimated
weighted-average dumping margins for
Erdoganlar and Sistem. Accordingly,
pursuant to 19 CFR 351.224(e),
Commerce is amending its Preliminary
Determination to correct for these
significant ministerial errors by revising
the rates for Erdoganlar, Sistem, the
companies assigned a rate based on
adverse facts available (AFA),6 and all
other producers and/or exporters.7 For a
detailed discussion of the alleged
ministerial errors, as well as
Commerce’s analysis, see the Ministerial
Error Memorandum.8
Amended Preliminary Determination
As a result of correcting these
significant ministerial errors, Commerce
determines the following estimated
weighted-average dumping margins
exist:
Estimated
weighted-average
dumping margin
(percent)
Exporter/producer
Erdoganlar Aluminyum San. ve Tic. A.S .................................................................................................
Sistem Aluminyum Sanayi ve Ticaret A.S ...............................................................................................
Alkor Aluminyum Enerji Insaat Sanayi ve Ticaret Anonim Sirketi ..........................................................
Astas Aluminyum San ve Tic A.S ...........................................................................................................
Ayde Aluminyum LTD. STI ......................................................................................................................
Burak Aluminyum San .............................................................................................................................
P.M.S. Aluminyum Sanayi ve Ticaret A.S ...............................................................................................
Tuna Aluminium Ltd .................................................................................................................................
Uluson Aluminum .....................................................................................................................................
All Others .................................................................................................................................................
10.11
19.86
* 48.43
* 48.43
* 48.43
* 48.43
* 48.43
* 48.43
* 48.43
12.98
Cash deposit rate
(adjusted for
subsidy offset(s))
(percent)
9.91
19.86
37.26
37.26
37.26
37.26
37.26
37.26
37.26
12.78
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* Rates based on AFA.
1 See Aluminum Extrusions from the Republic of
Türkiye: Preliminary Affirmative Determination of
Sales at Less Than Fair Value, Postponement of
Final Determination, and Extension of Provisional
Measures, 89 FR 38046 (May 7, 2024) (Preliminary
Determination), and accompanying Preliminary
Decision Memorandum.
2 See Erdoganlar’s Letter, ‘‘Erdoganlar
Aluminyum San. ve Tic. A.S.’s Allegation of
Significant Ministerial Error,’’ dated May 7, 2024;
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see also Sistem’s Letter, ‘‘Sistem Aluminyum
Sanayi ve Ticaret A.S.’ Ministerial Error
Allegations,’’ dated May 9, 2024.
3 See Preliminary Determination, 89 FR at 38049–
52.
4 See section 735(e) of the Tariff Act of 1930, as
amended (the Act); see also 19 CFR 351.224(f).
5 See 19 CFR 351.224(g).
6 See Memorandum, ‘‘Less-Than-Fair-Value
Investigation of Aluminum Extrusions from the
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Republic of Türkiye: Allegations of Ministerial
Errors in the Preliminary Determination,’’ dated
concurrently with this notice (Ministerial Error
Memorandum), at 4.
7 See Preliminary Determination, 89 FR at 38047
(‘‘{The all-others rate} shall be an amount equal to
the weighted average of the estimated weightedaverage dumping margins established for exporters
and producers individually investigated’’).
8 See Ministerial Error Memorandum.
E:\FR\FM\05JNN1.SGM
05JNN1
]]>Agencies
[Federal Register Volume 89, Number 109 (Wednesday, June 5, 2024)]
[Notices]
[Pages 48149-48152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-12340]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Preliminary
Results of Antidumping Duty Administrative Review; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) preliminarily
determines that the sole mandatory respondent under review sold pure
magnesium from the People's Republic of China (China) at less than
normal value (NV) during the period of review (POR) May 1, 2022,
through April 30, 2023. Interested parties are invited to comment on
these preliminary results.
DATES: Applicable June 5, 2024.
FOR FURTHER INFORMATION CONTACT: John Conniff, 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) 482-1009.
SUPPLEMENTARY INFORMATION:
Background
On May 12,1995, Commerce published in the Federal Register the
antidumping duty (AD) order on pure magnesium from China.\1\ On May 2,
[[Page 48150]]
2023, Commerce published in the Federal Register a notice of
opportunity to request administrative reviews of the Order.\2\ On July
12, 2023, pursuant to section 751(a)(1) of the Tariff Act of 1930, as
amended (the Act), Commerce initiated an administrative review of
Order.\3\ The review covers Tianjin Magnesium International Co., Ltd.
(TMI) and Tianjin Magnesium Metal Co., Ltd. (MMC).\4\
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\1\ See Notice of Antidumping Duty Order: 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
companion investigation involving alloy magnesium from China ended
as a result of the International Trade Commission's final negative
injury determination in that proceeding and, accordingly, an AD
order was issued only for imports of the pure magnesium product from
China.
\2\ See Antidumping or Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity To Request Administrative
Review and Join Annual Inquiry Service List, 88 FR 27445 (May 2,
2023).
\3\ See Initiation of Antidumping and Countervailing Duty
Administrative Reviews, 88 FR 44262 (July 12, 2023) (Initiation
Notice).
\4\ In the 2011-2012 administrative review, Commerce collapsed
both TMI and MMC into a single entity. See Pure Magnesium from the
People's Republic of China: Final Results of Antidumping Duty
Administrative Review; 2011-2012, 79 FR 94 (January 2, 2014), and
accompanying Issues and Decision Memorandum at footnote 1. Because
there is no information on the record of this administrative review
that would lead us to revisit this determination, we are continuing
to treat these companies as part of a single entity for the purposes
of this administrative review.
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On January 5, 2024, we extended the deadline for these preliminary
results, in accordance with section 751(a)(3)(A) of the Act, and 19 CFR
351.213(h)(2), until May 30, 2024.\5\
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\5\ See Memorandum, ``Extension of Deadline for Preliminary
Results of Antidumping Duty Administrative Review,'' dated January
5, 2024.
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For a complete description of the events that occurred since the
Initiation Notice and the analysis behind the preliminary results
herein, see the Preliminary Decision Memorandum.\6\ The Preliminary
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 Preliminary Decision Memorandum can be accessed directly
at https://access.trade.gov/public/FRNoticesListLayout.aspx. A list of
topics discussed in the Preliminary Decision Memorandum is included as
an appendix to this notice.
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\6\ See Memorandum, ``Decision Memorandum for the Preliminary
Results of Antidumping Duty Administrative Review: Pure Magnesium
from the People's Republic of China; 2022-2023,'' dated concurrently
with, and hereby adopted by, this notice (Preliminary Decision
Memorandum).
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Scope of the Order
The product covered by the Order is pure magnesium from China. For
a complete description of the scope of the Order, see the Preliminary
Decision Memorandum.
The China-Wide Entity
Commerce's policy regarding conditional review of the China-wide
entity applies to this administrative review.\7\ Under this policy, the
China-wide entity will not be under review unless a party specifically
requests, or Commerce self-initiates, a review of the entity. Because
no party requested a review of the China-wide entity, the entity is not
under review, and the entity's rate, i.e., 111.73 percent, is not
subject to change.\8\ Moreover, we preliminarily determine that MMC/TMI
is eligible for a separate rate and thus not part of the China-wide
entity.
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\7\ See Antidumping Proceedings: Announcement of Change in
Department Practice for Respondent Selection in Antidumping Duty
Proceedings and Conditional Review of the Nonmarket Economy Entity
in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).
\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).
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Methodology
We are conducting this administrative review in accordance with
section 751(a)(1)(B) of the Act and 19 CFR 351.213. We calculated
export prices for MMC/TMI in accordance with section 772(a) of the Act.
Because China is a non-market economy within the meaning of section
771(18) of the Act, we calculated NV in accordance with section 773(c)
of the Act. For a full description of the methodology underlying the
preliminary results of this review, see the Preliminary Decision
Memorandum.
Preliminary Results of Review
We preliminarily determine that the following weighted-average
dumping margin exists for the period May 1, 2022, through April 30,
2023:
------------------------------------------------------------------------
Weighted-average
Exporter dumping margin
(percent)
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Tianjin Magnesium International Co., Ltd./Tianjin 93.97
Magnesium Metal Co., Ltd.........................
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Verification
On October 16, 2023, US Magnesium LLC, the petitioner, requested
that Commerce conduct verification in this review of TMI/MMC.\9\
Accordingly, as provided in section 782(i)(3) of the Act, Commerce
intends to verify certain of the information that will be relied upon
for the final results of this review.
Disclosure and Public Comment
We intend to disclose to interested parties the calculations
performed for these preliminary results in accordance with 19 CFR
351.224(b). Interested parties may submit case briefs no later than
seven days after the date on which the last verification report is
issued in this administrative review. Rebuttal briefs, limited to
issues raised in the case briefs, may be filed not later than five days
after the date for filing case briefs.\10\ Interested parties who
submit case or rebuttal briefs in this proceeding must submit: (1) a
table of contents listing each issue; and (2) a table of
authorities.\11\
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\9\ See Petitioner's Letter, ``Petitioner's Request for
Verification,'' dated October 16, 2023.
\10\ See 19 CFR 351.309(d); see also Administrative Protective
Order, Service, and Other Procedures in Antidumping and
Countervailing Duty Proceedings, 88 FR 67069, 67077 (September 29,
2023) (APO and Service Final Rule).
\11\ See 19 351.309(c)(2) and (d)(2).
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As provided under 19 CFR 351.309(c)(2) and (d)(2), in prior
proceedings we have encouraged interested parties to provide an
executive summary of their brief that should be limited to five pages
total, including footnotes. In this administrative review, we instead
request that interested parties provide at the beginning of their
briefs a public, executive summary for each issue raised in their
briefs.\12\ Further, we request that interested parties limit their
public executive summary of each issue to no more than 450 words, not
including citations. We intend to use the public executive summaries as
the basis of the comment summaries included in the
[[Page 48151]]
issues and decision memorandum that will accompany the final results of
this administrative review. We request that interested parties include
footnotes for relevant citations in the public executive summary of
each issue. Note that Commerce has amended certain of its requirements
pertaining to the service of documents in 19 CFR 351.303(f).\13\
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\12\ We use the term ``issue'' here to describe an argument that
Commerce would normally address in a comment of the Issues and
Decision Memorandum.
\13\ See APO and Service Final Rule.
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Pursuant to 19 CFR 351.310(c), interested parties who wish to
request a hearing, limited to issues raised in the case and rebuttal
briefs, must submit a written request to the Assistant Secretary for
Enforcement and Compliance, U.S. Department of Commerce, filed
electronically via Commerce's electric records system, ACCESS. An
electronically-filed request must be received successfully in its
entirety by 5:00 p.m. Eastern Time within 30 days after the date of
publication of this notice.\14\ Requests should contain (1) the party's
name, address, and telephone number; (2) the number of participants and
whether any participant is a foreign national; and (3) a list of the
issues to be discussed. If a request for a hearing is made, Commerce
intends to hold the hearing at a time and date to be determined.\15\
Parties should confirm by telephone the date and time of the hearing
two days before the scheduled date.
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\14\ See 19 CFR 351.310(c).
\15\ See 19 CFR 351.310(d).
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Unless otherwise extended, we intend to issue the final results of
this administrative review, which will include the results of our
analysis of the issues raised in the case and rebuttal briefs, within
120 days of publication of these preliminary results in the Federal
Register, pursuant to section 751(a)(3)(A) of the Act and 19 CFR
351.213(h).
Assessment Rates
Upon issuance of the final results, Commerce will determine, and
CBP shall assess, antidumping duties on all appropriate entries covered
by this review, in accordance with 19 CFR 351.212(b)(1). Commerce
intends to issue assessment instructions to CBP 35 days after the
publication of the final results of this review. 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).
We will calculate importer/customer-specific assessment rates equal
to the ratio of the total amount of dumping calculated for examined
sales to a particular importer/customer to the total entered value of
those sales, in accordance with 19 CFR 351.212(b)(1).\16\ Where the
respondent reported reliable entered values, Commerce intends to
calculate importer/customer-specific ad valorem assessment rates by
dividing the total amount of dumping calculated for all reviewed U.S.
sales to the importer/customer by the total entered value of the
merchandise sold to the importer/customer.\17\ Where the respondents
did not report entered values, Commerce will calculate importer/
customer-specific assessment rates by dividing the total amount of
dumping calculated for all reviewed U.S. sales to the importer/customer
by the total quantity of those sales. Commerce will calculate an
estimated ad valorem importer/customer-specific assessment rate to
determine whether the per-unit assessment rate is de minimis; however,
Commerce will use the per-unit assessment rate where entered values
were not reported.\18\ Where an importer/customer-specific ad valorem
assessment rate is not zero or de minimis, Commerce will instruct CBP
to collect the appropriate duties at the time of liquidation. Where
either the respondent's ad valorem weighted-average dumping margin is
zero or de minimis, or an importer/customer-specific ad valorem
assessment rate is zero or de minimis,\19\ Commerce will instruct CBP
to liquidate the appropriate entries without regard to antidumping
duties.
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\16\ In these preliminary results, Commerce applied the
assessment rate calculation method adopted in Antidumping
Proceedings: Calculation of the Weighted-Average Dumping Margin and
Assessment Rate in Certain Antidumping Proceedings: Final
Modification, 77 FR 8101 (February 14, 2012).
\17\ See 19 CFR 351.212(b)(1).
\18\ Id.
\19\ See 19 CFR 351.106(c)(2).
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Pursuant to Commerce's refinement to its practice, for sales that
were not reported in the U.S. sales database submitted by a respondent
individually examined during this review, Commerce will instruct CBP to
liquidate the entry of such merchandise at the dumping margin assigned
to the China-wide entity.\20\
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\20\ 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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In accordance with section 751(a)(2)(C) of the Act, the final
results of this review shall be the basis for the assessment of ADs on
entries of merchandise covered by the final results of this review and
for future deposits of estimated antidumping duties, where applicable.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for all shipments of
the subject merchandise from China entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: (1) the cash deposit
rate for MMC/TMI will be that rate established in the final results of
this review (except, if the rate is de minimis, then a cash deposit
rate of zero will be required); (2) for a previously investigated or
reviewed exporter of subject merchandise not listed in the final
results of review that has a separate rate, the cash deposit rate will
continue to be the exporter's existing cash deposit rate; (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 rate for
the China-wide entity (i.e., 111.73 percent); and (4) for all exporters
of subject merchandise that are not located in China and are not
eligible for a separate rate, the cash deposit rate will be the rate
applicable to the Chinese exporter(s) that supplied that non-Chinese
exporter. These cash 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
We are issuing and publishing the preliminary results of this
review in accordance with sections 751(a)(l) and 777(i)(l) of the Act,
and 19 CFR 351.213(h)(1), and 19 CFR 351.221(b)(4).
Dated: May 30, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Preliminary Decision Memorandum
I. Summary
[[Page 48152]]
II. Background
III. Period of Review
IV. Scope of the Order
V. Discussion of the Methodology
VI. Recommendation
[FR Doc. 2024-12340 Filed 6-4-24; 8:45 am]
BILLING CODE 3510-DS-P
