2021-20009. Magnesium Metal From the People's Republic of China: Final Results of Expedited Third Sunset Review of the Antidumping Duty Order

AGENCY:

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

SUMMARY:

As a result of this expedited sunset review, the Department of Commerce (Commerce) finds that revocation of the antidumping duty (AD) order on magnesium metal from the People's Republic of China (China) would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Review” section of this notice.

DATES:

Applicable September 16, 2021.

FOR FURTHER INFORMATION CONTACT:

Deborah Cohen, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW, Washington, DC 20230; telephone: [phone].

SUPPLEMENTARY INFORMATION:

Background

On June 1, 2021, Commerce published the notice of initiation of the third sunset review of the AD Order ^[1] on magnesium metal from China, pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).^[2] On June 7, 2021, Commerce received a notice of intent to participate from US Magnesium LLC (US Magnesium), a domestic producer of magnesium metal and the petitioner in the underlying investigation, within the deadline specified in 19 CFR 351.218(d)(1)(i).^[3] US Magnesium claimed domestic interested party status under section 771(9)(C) of the Act, as a manufacturer of a domestic like product in the United States.^[4] On June 8, 2021, US Magnesium timely filed its substantive response within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).^[5] Commerce received no substantive responses from any other interested parties with respect to the Order covered by this sunset review, nor was a hearing requested. On July 22, 2021, Commerce notified the U.S. International Trade Commission that it did not receive an adequate substantive response from respondent interested parties.^[6] As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), Commerce is conducting an expedited (120-day) sunset review of the Order.

Scope of the Order

The product covered by the Order is magnesium metal from China, which includes primary and secondary alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. For a full description of the scope, see the Issues and Decision Memorandum.^[7]

Analysis of Comments Received

All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum include the likelihood of continuation or recurrence of dumping and the magnitude of the margins of dumping likely to prevail if the Order were revoked. 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. A list of topics discussed in the Issues and Decision Memorandum is included as an appendix to this notice. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/​frn/​index.html.

Final Results of Review

Pursuant to sections 751(c)(1) and 752(c)(1) and (3) of the Act, Commerce determines that revocation of the Order would be likely to lead to continuation or recurrence of dumping, and that the magnitude of the dumping margins likely to prevail would be weighted-average margins of up to 141.49 percent.

Administrative Protective Order

This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely notification of the destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

Notifications to Interested Parties

We are issuing and publishing these final results in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act, and 19 CFR 351.221(c)(5)(ii).

Dated: September 10, 2021.

Christian Marsh,

Acting 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. History of the Order

V. Legal Framework

VI. Discussion of the Issues

1. Likelihood of Continuation or Recurrence of Dumping

2. Magnitude of the Margins Likely To Prevail

VII. Final Results of Sunset Review

VIII. Recommendation

Footnotes

1.  See Notice of Antidumping Duty Order: Magnesium Metal from the People's Republic of China, 70 FR 19928 (April 15, 2005) (Order).

2.  See Initiation of Five-Year (Sunset) Review, 86 FR 29239 (June 1, 2021).

3.  See Petitioner's Letter, “Five-Year (“Sunset”) Review Of Antidumping Duty Order On Magnesium Metal from the People's Republic Of China: Domestic Interested Party Notice Of Intent To Participate,” dated June 7, 2021.

4.  Id.

5.  See Petitioner's Letter, “Five-Year (“Sunset”) Review Of Antidumping Duty Order On Magnesium Metal from the People's Republic Of China: Domestic Industry Substantive Response,” dated June 8, 2021.

6.  See Commerce's Letter, “Sunset Reviews Initiated on June 1, 2021,” dated July 22, 2021.

7.  See Memorandum, “Issues and Decision Memorandum for the Final Result of Expedited Third Sunset Review of the Antidumping Duty Order on Magnesium Metal from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice.