Pure Magnesium From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2022-2023, 100967-100969 [2024-29326]
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Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
be received successfully in its entirety
by Commerce’s electronic records
system, ACCESS, by 5 p.m. Eastern
Time within 30 days after the date of
publication of this notice.
khammond on DSK9W7S144PROD with NOTICES
Final Results of Review
Unless otherwise extended,
Commerce intends to issue the final
results of this administrative review,
including the results of its analysis of
issues raised in written briefs, no later
than 120 days after publication of this
notice in the Federal Register, pursuant
to section 751(a)(3)(A) of the Act.
Assessment Rate
Upon issuance of the final results of
this administrative review, pursuant to
section 751(a)(2)(A) of the Act,
Commerce will determine, and U.S.
Customs and Border Protection (CBP)
shall assess, antidumping duties on all
appropriate entries covered by this
review.16
Pursuant to 19 CFR 351.212(b)(1),
where an examined respondent’s
weighted-average dumping margin is
not zero or de minimis (i.e., less than 0.5
percent), we will calculate an importerspecific ad valorem duty assessment
rate based on the ratio of the total
amount of dumping calculated for the
U.S. sales for a given importer to the
total entered value of those sales. Where
either the respondent’s weightedaverage dumping margin is zero or de
minimis within the meaning of 19 CFR
351.106(c)(1), or an importer-specific
assessment rate is zero or de minimis,
we will instruct CBP to liquidate the
appropriate entries without regard to
antidumping duties.
For entries of subject merchandise
during the POR produced by CBA for
which it did not know its merchandise
was destined for the United States, we
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
The final results of this administrative
review shall be the basis for the
assessment of antidumping duties on
entries of merchandise under review
and for future deposits of estimated
duties, where applicable.18 Commerce
intends to issue assessment instructions
regarding the individually examined
respondents 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
16 See
19 CFR 351.212(b)(1).
Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
18 See section 751(a)(2)(C) of the Act.
17 See
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18:12 Dec 12, 2024
Jkt 265001
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 in the Federal Register of
the notice of final results of this
administrative review for all shipments
of subject merchandise entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication as provided by section
751(a)(2) of the Act: (1) the cash deposit
rate for the companies under review
will be the rate established in the final
results of the review (except, if the rate
is zero or de minimis, no cash deposit
will be required); (2) for merchandise
exported by producers or exporters not
covered in this review but covered in a
prior segment of the proceeding, the
cash deposit rate will continue to be the
company-specific rate published for the
most recent period; (3) if the exporter is
not a firm covered in this review, a prior
review, or the original investigation but
the producer is, the cash deposit rate
will be the rate established for the most
recent period for the producer of the
merchandise; (4) the cash deposit rate
for all other producers or exporters will
continue to be 13.93 percent,19 the allothers rate established in the less-thanfair-value investigation. These cash
deposit requirements, when imposed,
shall remain in effect until further
notice.
Notification to Importers
This notice 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 POR.
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
This determination is issued and
published in accordance with sections
751(a)(1) and 777(i)(1) of the Act and 19
CFR 351.213(h) and 351.221(b)(4).
19 See
PO 00000
Order, 86 FR 62791.
Frm 00019
Fmt 4703
Sfmt 4703
100967
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix—List of Topics Discussed in
the Preliminary Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Discussion of the Methodology
V. Currency Conversion
VI. Recommendation
[FR Doc. 2024–29321 Filed 12–12–24; 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: Final 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) is conducting an
administrative review of the
antidumping duty order on pure
magnesium from the People’s Republic
of China (China). We determine that
Tianjin Magnesium Metal Co., Ltd.
(MMC) and Tianjin Magnesium
International Co., Ltd. (TMI) made sales
at less than normal value (NV) during
the period of review (POR) May 1, 2022,
through April 30, 2023.
DATES: Applicable December 13, 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 June 5, 2024, Commerce published
the Preliminary Results in the Federal
Register and invited interested parties
to comment.1 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative proceeding by seven
days.2 On September 24, 2024,
1 See Pure Magnesium from the People’s Republic
of China: Preliminary Results of Antidumping
Administrative Review; 2022–2023, 89 FR 48149
(June 5, 2024) (Preliminary Results) and
accompanying Preliminary Decision Memorandum
(PDM).
2 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
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100968
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
Commerce extended the final results by
25 days until November 14, 2024.3 On
November 8, 2024, Commerce extended
the final results by 22 days until
December 6, 2024.4 For a complete
description of the events that occurred
since the Preliminary Results, see the
Issues and Decision Memorandum.5
Scope of the Order 6
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. For a complete description of
the scope of the Order, see the Issues
and Decision Memorandum.
Analysis of Comments Received
The issues raised by MMC/TMI and
the petitioner in their case and rebuttal
briefs are listed in the appendix to this
notice and addressed in the Issues and
Decision Memorandum. The Issues and
Decision Memorandum is a public
document and is on file electronically
via Enforcement and Compliance’s
Antidumping and Countervailing Duty
Centralized Electronic Service System
(ACCESS). ACCESS is available to
registered users at https://access.
trade.gov. In addition, a complete
version of the Issues and Decision
Memorandum can be accessed at
https://access.trade.gov/public/
FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of
the comments received from the
interested parties, we made several
changes to the Preliminary Results
margin calculation for MMC/TMI which
resulted in a change to its preliminary
margin.
The China-Wide Entity
In accordance with Commerce’s
policy, the China-wide entity will not be
under review unless a party specifically
requests, or Commerce self-initiates, a
review of the China-wide entity.7 As
khammond on DSK9W7S144PROD with NOTICES
3 See
Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated September 24, 2024.
4 See Memorandum, ‘‘Extension of Deadline for
Final Results of Antidumping Duty Administrative
Review,’’ dated November 8, 2024.
5 See Memorandum, ‘‘Issues and Decision
Memorandum for Pure Magnesium from the
People’s Republic of China; 2022-2023,’’ dated
concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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) (Order).
7 See Antidumping Proceedings: Announcement
of Change in Department Practice for Respondent
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18:12 Dec 12, 2024
Jkt 265001
stated in the Preliminary Results,
because no party requested a review of
the China-wide entity, and Commerce
did not self-initiate a review of the
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
determine that MMC/TMI is eligible for
a separate rate and thus not part of the
China-wide entity.9
Final Results of Review
Commerce determines that the
following estimated weighted-average
dumping margins exist for the period
May 1, 2022, through April 30, 2023:
Weightedaverage
dumping
margin
(percent)
Exporter
Tianjin Magnesium International
Co., Ltd./Tianjin Magnesium
Metal Co., Ltd .........................
32.60
Disclosure
Commerce intends to disclose to
parties to the proceeding the
calculations performed for these final
results of review within five days of the
date of publication of this notice in the
Federal Register in accordance with 19
CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the
Act and 19 CFR 351.212(b)(1),
Commerce has determined, and CBP
shall assess, antidumping duties on all
appropriate entries of subject
merchandise in accordance with these
final results of review. Commerce
intends to issue assessment instructions
to CBP no earlier than 35 days after the
date of publication of these final results
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
Selection in Antidumping Duty Proceedings and
Conditional Review of the Nonmarket Economy
Entity in NME Antidumping Duty Proceedings, 78
FR 65963, 65969–70 (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) (Pure Magnesium 2008–2009 Final); see
also Preliminary Results, 89 FR at 48150.
9 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
fn 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.
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
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).
For MMC/TMI, which have a final
weighted-average dumping margin that
is not zero or de minimis (i.e., less than
0.5 percent), we will calculate importerspecific assessment rates, in accordance
with 19 CFR 351.212(b)(1). Pursuant to
19 CFR 351.212(b)(1), where the
respondent reported the entered value
of its U.S. sales, we will calculate
importer-specific ad valorem
assessment rates based on the ratio of
the total amount of dumping calculated
for the examined sales to the total
entered value of the sales for which
entered value was reported. Where the
respondent did not report entered value,
we will calculate importer-specific perunit duty assessment rates based on the
ratio of the total amount of antidumping
duties calculated for the examined sales
to the total quantity of those sales. To
determine whether an importer-specific
per-unit assessment rate is de minimis
in accordance with 19 CFR
351.106(c)(2), we will also calculate an
importer-specific ad valorem ratio based
on estimated entered values.
Pursuant to a refinement in our nonmarket economy practice, for sales that
were not reported in the U.S. sales data
submitted by MMC/TMI, we will
instruction CBP to liquidate entries
associated with those sales at the rate
for the China-wide entity.
Cash Deposit Requirements
The following cash deposit
requirements will be effective upon
publication of the final results of this
review for shipments of the subject
merchandise from China entered, or
withdrawn from warehouse, for
consumption on or after the publication
date, as provided by section 751(a)(2)(C)
of the Act: (1) for MMC/TMI, which has
a separate rate, the cash deposit rate will
be the rate established in these final
results of review; (2) for previously
investigated or reviewed Chinese and
non-Chinese exporters not listed above
that received a separate rate in a prior
segment of this proceeding, the cash
deposit rate will continue to be the
existing exporter-specific 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 that for the Chinawide entity (i.e., 111.73 percent 10); and
(4) for all non-Chinese exporters of
subject merchandise which have not
received their own rate, the cash deposit
10 See Pure Magnesium 2008–2009 Final, 75 FR
80791.
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13DEN1
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices
rate will be the rate applicable to the
Chinese exporter that supplied that nonChinese exporter. These deposit
requirements, when imposed, shall
remain in effect until further notice.
DEPARTMENT OF COMMERCE
Notification to Importers
Oil Country Tubular Goods From the
Republic of Korea: Preliminary Results
and Rescission, In Part, of
Countervailing Duty Administrative
Review; 2022
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.
Administrative Protective Order (APO)
This notice also serves as a 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 notice is issued and published in
accordance with sections 751(a) and
777(i) of the Act, and 19 CFR 351.213(h)
and 19 CFR 351.221(b)(5).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement
and Compliance.
Appendix
khammond on DSK9W7S144PROD with NOTICES
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether the Republic of
Türkiye is the Appropriate Surrogate
Country
Comment 2: Differential Pricing Analysis
Should Not Apply
Comment 3: Ministerial Errors
VI. Recommendation
[FR Doc. 2024–29326 Filed 12–12–24; 8:45 am]
BILLING CODE 3510–DS–P
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18:12 Dec 12, 2024
Jkt 265001
International Trade Administration
[C–580–913]
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of
Commerce (Commerce) preliminarily
determines that countervailable
subsidies were not provided to SeAH
Steel Corporation and its cross-owned
affiliate, SeAH Steel Holdings
Corporation (collectively, the SeAH
Steel Companies), a producer and
exporter of oil country tubular goods
(OCTG) from the Republic of Korea
(Korea). The period of review (POR) is
September 29, 2022, through December
31, 2022. Additionally, Commerce is
rescinding this review, in part, with
respect to four companies. Interested
parties are invited to comment on these
preliminary results.
DATES: Applicable December 13, 2024.
FOR FURTHER INFORMATION CONTACT:
Rebecca Janz, 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) 482–2972.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 29, 2023, based on
timely requests for review and in
accordance with 19 CFR
351.221(c)(1)(i), Commerce published a
notice of initiation of an administrative
review of the Order with respect to five
companies.1 On July 17, 2024,
Commerce extended the time period for
issuing these preliminary results by 120
days, in accordance with section
751(a)(3)(A) of the Tariff Act of 1930, as
amended (the Act).2 On July 22, 2024,
Commerce tolled certain deadlines in
this administrative review by seven
1 See Initiation of Antidumping and
Countervailing Duty Administrative Reviews, 88 FR
90168 (December 29, 2023) (Initiation Notice); see
also Oil Country Tubular Goods from the Republic
of Korea and the Russian Federation:
Countervailing Duty Orders, 87 FR 70782
(November 21, 2022) (Order). We initiated the
current review with respect to four companies and
a deferred review of one company. See Initiation
Notice, 88 FR at 90172, 90173 and n.5.
2 See Memorandum, ‘‘Extension of Deadline for
Preliminary Results of Countervailing Duty
Administrative Review,’’ dated July 17, 2024.
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
100969
days.3 The deadline for these
preliminary results is now December 6,
2024.
For a complete description of the
events that followed the initiation of
this review, see the Preliminary
Decision Memorandum.4 A list of topics
discussed in the Preliminary Decision
Memorandum is included as an
appendix to this notice. 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.
Scope of the Order
The merchandise covered by the
Order is OCTG from Korea. For a
complete description of the scope of the
Order, see the Preliminary Decision
Memorandum.
Rescission of Administrative Review, In
Part
In accordance with 19 CFR
351.213(d)(1), Commerce will rescind
an administrative review, in whole or in
part, if all parties that requested the
review withdraw their requests within
90 days of the date of publication of the
notice of initiation of the requested
review. Commerce received timely-filed
withdrawal requests with respect to AJU
Besteel Co., Ltd. (AJU Besteel); Husteel
Co., Ltd. (Husteel); ILJIN Steel
Corporation (ILJIN); and NEXTEEL Co.,
Ltd. (NEXTEEL), pursuant to 19 CFR
351.213(d)(1). Because the withdrawal
requests were timely filed, and no other
parties requested a review of these
companies, in accordance with 19 CFR
351.213(d)(1), Commerce is rescinding
this review of the Order with respect to
these four companies.
Methodology
Commerce is conducting this
administrative review in accordance
with section 751(a)(1)(A) of the Act. For
each of the subsidy programs found
countervailable, Commerce
preliminarily determines that there is a
3 See Memorandum, ‘‘Tolling of Deadlines for
Antidumping and Countervailing Duty
Proceedings,’’ dated July 22, 2024.
4 See Memorandum, ‘‘Decision Memorandum for
the Preliminary Results of the Administrative
Review of the Countervailing Duty Order on Oil
Country Tubular Goods from the Republic of Korea;
2022,’’ dated concurrently with, and hereby
adopted by, this notice (Preliminary Decision
Memorandum).
E:\FR\FM\13DEN1.SGM
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]]>Agencies
[Federal Register Volume 89, Number 240 (Friday, December 13, 2024)]
[Notices]
[Pages 100967-100969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-29326]
-----------------------------------------------------------------------
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; 2022-2023
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The U.S. Department of Commerce (Commerce) is conducting an
administrative review of the antidumping duty order on pure magnesium
from the People's Republic of China (China). We determine that Tianjin
Magnesium Metal Co., Ltd. (MMC) and Tianjin Magnesium International
Co., Ltd. (TMI) made sales at less than normal value (NV) during the
period of review (POR) May 1, 2022, through April 30, 2023.
DATES: Applicable December 13, 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 June 5, 2024, Commerce published the Preliminary Results in the
Federal Register and invited interested parties to comment.\1\ On July
22, 2024, Commerce tolled certain deadlines in this administrative
proceeding by seven days.\2\ On September 24, 2024,
[[Page 100968]]
Commerce extended the final results by 25 days until November 14,
2024.\3\ On November 8, 2024, Commerce extended the final results by 22
days until December 6, 2024.\4\ For a complete description of the
events that occurred since the Preliminary Results, see the Issues and
Decision Memorandum.\5\
---------------------------------------------------------------------------
\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Administrative Review; 2022-2023,
89 FR 48149 (June 5, 2024) (Preliminary Results) and accompanying
Preliminary Decision Memorandum (PDM).
\2\ See Memorandum, ``Tolling of Deadlines for Antidumping and
Countervailing Duty Proceedings,'' dated July 22, 2024.
\3\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated September 24, 2024.
\4\ See Memorandum, ``Extension of Deadline for Final Results of
Antidumping Duty Administrative Review,'' dated November 8, 2024.
\5\ See Memorandum, ``Issues and Decision Memorandum for Pure
Magnesium from the People's Republic of China; 2022-2023,'' dated
concurrently with, and hereby adopted by, this notice (Issues and
Decision Memorandum).
---------------------------------------------------------------------------
Scope of the Order 6
---------------------------------------------------------------------------
\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) (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. For a complete description of the scope of the
Order, see the Issues and Decision Memorandum.
Analysis of Comments Received
The issues raised by MMC/TMI and the petitioner in their case and
rebuttal briefs are listed in the appendix to this notice and addressed
in the Issues and Decision Memorandum. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at https://access.trade.gov. In addition, a complete
version of the Issues and Decision Memorandum can be accessed at
https://access.trade.gov/public/FRNoticesListLayout.aspx.
Changes Since the Preliminary Results
Based on our review and analysis of the comments received from the
interested parties, we made several changes to the Preliminary Results
margin calculation for MMC/TMI which resulted in a change to its
preliminary margin.
The China-Wide Entity
In accordance with Commerce's policy, the China-wide entity will
not be under review unless a party specifically requests, or Commerce
self-initiates, a review of the China-wide entity.\7\ As stated in the
Preliminary Results, because no party requested a review of the China-
wide entity, and Commerce did not self-initiate a review of the 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 determine that MMC/
TMI is eligible for a separate rate and thus not part of the China-wide
entity.\9\
---------------------------------------------------------------------------
\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, 65969-70 (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) (Pure Magnesium 2008-2009 Final); see also Preliminary
Results, 89 FR at 48150.
\9\ 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 fn 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.
---------------------------------------------------------------------------
Final Results of Review
Commerce determines that the following estimated weighted-average
dumping margins exist for the period May 1, 2022, through April 30,
2023:
------------------------------------------------------------------------
Weighted-
average
Exporter dumping
margin
(percent)
------------------------------------------------------------------------
Tianjin Magnesium International Co., Ltd./Tianjin Magnesium 32.60
Metal Co., Ltd............................................
------------------------------------------------------------------------
Disclosure
Commerce intends to disclose to parties to the proceeding the
calculations performed for these final results of review within five
days of the date of publication of this notice in the Federal Register
in accordance with 19 CFR 351.224(b).
Assessment Rates
Pursuant to section 751(a)(2)(C) of the Act and 19 CFR
351.212(b)(1), Commerce has determined, and CBP shall assess,
antidumping duties on all appropriate entries of subject merchandise in
accordance with these final results of review. Commerce intends to
issue assessment instructions to CBP no earlier than 35 days after the
date of publication of these final results 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).
For MMC/TMI, which have a final weighted-average dumping margin
that is not zero or de minimis (i.e., less than 0.5 percent), we will
calculate importer-specific assessment rates, in accordance with 19 CFR
351.212(b)(1). Pursuant to 19 CFR 351.212(b)(1), where the respondent
reported the entered value of its U.S. sales, we will calculate
importer-specific ad valorem assessment rates based on the ratio of the
total amount of dumping calculated for the examined sales to the total
entered value of the sales for which entered value was reported. Where
the respondent did not report entered value, we will calculate
importer-specific per-unit duty assessment rates based on the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total quantity of those sales. To determine whether an
importer-specific per-unit assessment rate is de minimis in accordance
with 19 CFR 351.106(c)(2), we will also calculate an importer-specific
ad valorem ratio based on estimated entered values.
Pursuant to a refinement in our non-market economy practice, for
sales that were not reported in the U.S. sales data submitted by MMC/
TMI, we will instruction CBP to liquidate entries associated with those
sales at the rate for the China-wide entity.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this review for shipments of the
subject merchandise from China entered, or withdrawn from warehouse,
for consumption on or after the publication date, as provided by
section 751(a)(2)(C) of the Act: (1) for MMC/TMI, which has a separate
rate, the cash deposit rate will be the rate established in these final
results of review; (2) for previously investigated or reviewed Chinese
and non-Chinese exporters not listed above that received a separate
rate in a prior segment of this proceeding, the cash deposit rate will
continue to be the existing exporter-specific 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 that for the
China-wide entity (i.e., 111.73 percent \10\); and (4) for all non-
Chinese exporters of subject merchandise which have not received their
own rate, the cash deposit
[[Page 100969]]
rate will be the rate applicable to the Chinese exporter that supplied
that non-Chinese exporter. These deposit requirements, when imposed,
shall remain in effect until further notice.
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\10\ See Pure Magnesium 2008-2009 Final, 75 FR 80791.
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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.
Administrative Protective Order (APO)
This notice also serves as a 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 notice is issued and published in accordance with sections
751(a) and 777(i) of the Act, and 19 CFR 351.213(h) and 19 CFR
351.221(b)(5).
Dated: December 6, 2024.
Abdelali Elouaradia,
Deputy Assistant Secretary for Enforcement and Compliance.
Appendix
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. Changes Since the Preliminary Results
V. Discussion of Issues
Comment 1: Whether the Republic of T[uuml]rkiye is the
Appropriate Surrogate Country
Comment 2: Differential Pricing Analysis Should Not Apply
Comment 3: Ministerial Errors
VI. Recommendation
[FR Doc. 2024-29326 Filed 12-12-24; 8:45 am]
BILLING CODE 3510-DS-P
