Pure Magnesium from the People's Republic of China; Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 580-581 [E5-8327]

Download as PDF 580 Notices Federal Register Vol. 71, No. 3 Thursday, January 5, 2006 attention of the council may file written statements with the Council staff before and after the meeting. This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. Dated: December 27, 2005. Robert L. Vaught, Forest Supervisor, Humboldt-Toiyabe N.F. DEPARTMENT OF AGRICULTURE Diamond Valley School, 2/09/2006 at 6 p.m. Forest Service Old Business Alpine County, CA, Resource Advisory Committee (RAC) Forest Service, USDA. ACTION: Notice of meeting. AGENCY: cchase on PROD1PC60 with NOTICES SUMMARY: Pursuant to the authorities in the Federal Advisory Committees Act (Pub. L. 92–463) and under the Secure Rural Schools and Community SelfDetermination Act of 2000 (Pub. L. 106– 393) the Alpine County Resource Advisory Committee (RAC) will meet on Thursday, February 9, at 18:00 at the Diamond Valley School for business meetings. The purpose of the meeting is to discuss issues relating to implementing the Secure Rural Schools and Community Self-Determination Act of 2000 (Payment to States) and expenditure of Title II funds. The meetings are open to the public. DATES: Thursday, February 9, 2006 at 18:00. ADDRESSES: The meeting will be held at the Diamond Valley School, 35 Hawkside Drive, Markleeville, California 96120. Send written comments to Franklin Pemberton, Alpine County RAC coordinator, c/o USDA Forest Service, HumboldtToiyabe N.F., Carson Ranger District, 1536 So. Carson Street, Carson City, NV 89701. FOR FURTHER INFORMATION CONTACT: Alpine Co. RAC Coordinator, Franklin Pemberton at (775) 884–8150; or Gary Schiff, Carson District Ranger and Designated Federal Officer, at (775) 884–8100, or electronically to fpemberton@fs.fed.us. The Meeting is open to the public. Council discussion is limited to Forest Service staff and Council members. However, persons who wish to bring urban and community forestry matters to the SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 17:06 Jan 04, 2006 Jkt 208001 Agenda RAC Meeting I. No old business. New Business I. Discuss approval and funding process. II. Discuss, rank, select and approve project proposals for FY 06. III. Review monitoring requirements. IV. Schedule monitoring field trip. V. Schedule next meeting. Adjourn [FR Doc. 06–61 Filed 1–4–06; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF COMMERCE International Trade Administration [A–570–832] Pure Magnesium from the People’s Republic of China; Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On September 1, 2005, the Department of Commerce (‘‘the Department’’) initiated the sunset review of the antidumping duty order on pure magnesium from the People’s Republic of China (‘‘China’’). See Initiation of Five–Year (‘‘Sunset’’) Reviews, 70 FR 52074 (September 1, 2005). On the basis of a notice of intent to participate, and an adequate substantive response filed on behalf of the domestic interested party, and a lack of response from respondent interested parties, the Department conducted an expedited (120–day) sunset review. As a result of this sunset review, the Department finds that revocation of the antidumping duty order would likely lead to the continuation or recurrence of dumping. The dumping margin is AGENCY: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 identified in the Final Results of Review section of this notice. EFFECTIVE DATE: January 5, 2006. FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq. or Maureen Flannery, AD/CVD Operations, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4340 or (202) 482–3020, respectively. SUPPLEMENTARY INFORMATION: Background On September 1, 2005, the Department published the notice of initiation of the sunset review of the antidumping duty order on magnesium from China pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five–Year (‘‘Sunset’’) Reviews, 70 FR 52074 (September 1, 2005). On September 16, 2005, the Department received a notice of intent to participate from US Magnesium, LLC, the domestic interested party, within the deadline specified in section 351.218(d)(1)(i) of the Department’s regulations. The domestic interested party claimed interested party status under section 771(9)(C) of the Act, as a manufacturer, producer, or wholesaler in the United States of a domestic like product. On October 3, 2005, the Department received a complete substantive response from the domestic interested party within the deadline specified in section 351.218(d)(3)(i) of the Department’s regulations. The Department did not receive a response from any respondent interested party to this proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the Department’s regulations, the Department conducted an expedited review of this order. Scope of the Order The product covered by this review is pure primary magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of this order. Primary magnesium is a metal or alloy containing by weight primarily the element magnesium and produced by decomposing raw materials into magnesium metal. Pure primary magnesium is used primarily as a chemical in the aluminum alloying, E:\FR\FM\05JAN1.SGM 05JAN1 cchase on PROD1PC60 with NOTICES Federal Register / Vol. 71, No. 3 / Thursday, January 5, 2006 / Notices desulfurization, and chemical reduction industries. In addition, pure primary magnesium is used as an input in producing magnesium alloy. Pure primary magnesium encompasses products (including, but not limited to, butt–ends, stubs, crowns and crystals) with the following primary magnesium contents: (1) Products that contain at least 99.95 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); and (3) Products (generally referred to as ‘‘off–specification pure’’ magnesium) that contain 50 percent or greater, but less than 99.8 percent primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium. ‘‘Off–specification pure’’ magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8 percent by weight. It generally does not contain, individually or in combination, 1.5 percent or more, by weight, of the following alloying elements: aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths. Since the antidumping duty order was issued, we have clarified that the scope of the original order includes, but is not limited to, butt ends, stubs, crowns and crystals. See May 22, 1997, instructions to U.S. Customs and November 14, 1997, Final Scope Ruling of Antidumping Duty Order on Pure Magnesium from China. Excluded from the scope of this order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder), having a maximum physical dimension (i.e., length or diameter) of one inch or less, secondary magnesium (which has pure primary magnesium content of less than 50 percent by weight), and remelted magnesium whose pure primary magnesium content is less than 50 percent by weight. Pure magnesium products covered by this order are currently classifiable under the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’) subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS subheadings are provided for convenience and customs purposes, VerDate Aug<31>2005 17:06 Jan 04, 2006 Jkt 208001 our written description of the scope is dispositive. Analysis of Comments Received All issues raised in this review are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memo’’) from Stephen J. Claeys, Deputy Assistant Secretary for Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated December 29, 2005, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the order were revoked. Interested parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in this public memorandum which is on file in room B–099 of the main Commerce building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper copy and electronic version of the Decision Memo are identical in content. Final Results of Review We determine that revocation of the antidumping duty order on pure magnesium from China would be likely to lead to continuation or recurrence of dumping at the following weighted– average percentage margin: Manufacturers/ Exporters/Producers Weighted Average Margin (percent) China–wide Rate .......... 108.26 This notice also serves as the only reminder to parties subject to administrative protective order (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with section 351.305 of the Department’s regulations. Timely 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. We are issuing and publishing these results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. Dated: December 29, 2005. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E5–8327 Filed 1–4–06; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 581 DEPARTMENT OF COMMERCE International Trade Administration [A–821–801 and A–823–801] Notice of Continuation of Antidumping Duty Orders: Solid Urea from the Russian Federation and Ukraine Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘Commission’’) that revocation of these antidumping duty orders would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department hereby orders the continuation of the antidumping duty orders on solid urea from the Russian Federation (‘‘Russia’’) and Ukraine. The Department is publishing notice of the continuation of these antidumping duty orders. EFFECTIVE DATE: January 5, 2006. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Maureen Flannery, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4340 or 482–3020, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On October 1, 2004, the Department initiated and the Commission instituted sunset reviews of the antidumping duty orders on solid urea from Russia and Ukraine pursuant to section 751(c) of the Act.1 As a result of its reviews, the Department found that revocation of the antidumping duty orders would be likely to lead to continuation or recurrence of dumping and notified the Commission of the magnitude of the margins likely to prevail were the orders to be revoked.2 On November 17, 2005, the Commission determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty orders on solid urea from Russia and Ukraine would be 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, 69 FR 58890 (October 1, 2004). 2 See Solid Urea from Ukraine; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 70 FR 24394 (May 9, 2005) and Solid Urea from the Russian Federation; Final Results of the Expedited Sunset Review of the Antidumping Duty Order, 70 FR 24528 (May 10, 2005). E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Notices]
[Pages 580-581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-8327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium from the People's Republic of China; Notice of 
Final Results of Expedited Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2005, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty order 
on pure magnesium from the People's Republic of China (``China''). See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 52074 (September 1, 
2005). On the basis of a notice of intent to participate, and an 
adequate substantive response filed on behalf of the domestic 
interested party, and a lack of response from respondent interested 
parties, the Department conducted an expedited (120-day) sunset review. 
As a result of this sunset review, the Department finds that revocation 
of the antidumping duty order would likely lead to the continuation or 
recurrence of dumping. The dumping margin is identified in the Final 
Results of Review section of this notice.

EFFECTIVE DATE: January 5, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq. or Maureen 
Flannery, AD/CVD Operations, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4340 or (202) 482-3020, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2005, the Department published the notice of 
initiation of the sunset review of the antidumping duty order on 
magnesium from China pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Reviews, 70 FR 52074 (September 1, 2005). On September 16, 
2005, the Department received a notice of intent to participate from US 
Magnesium, LLC, the domestic interested party, within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested party claimed interested party status under 
section 771(9)(C) of the Act, as a manufacturer, producer, or 
wholesaler in the United States of a domestic like product. On October 
3, 2005, the Department received a complete substantive response from 
the domestic interested party within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. The Department did 
not receive a response from any respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations, 
the Department conducted an expedited review of this order.

Scope of the Order

    The product covered by this review is pure primary magnesium 
regardless of chemistry, form or size, unless expressly excluded from 
the scope of this order. Primary magnesium is a metal or alloy 
containing by weight primarily the element magnesium and produced by 
decomposing raw materials into magnesium metal. Pure primary magnesium 
is used primarily as a chemical in the aluminum alloying,

[[Page 581]]

desulfurization, and chemical reduction industries. In addition, pure 
primary magnesium is used as an input in producing magnesium alloy. 
Pure primary magnesium encompasses products (including, but not limited 
to, butt-ends, stubs, crowns and crystals) with the following primary 
magnesium contents: (1) Products that contain at least 99.95 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); and (3) Products (generally referred to as 
``off-specification pure'' magnesium) that contain 50 percent or 
greater, but less than 99.8 percent primary magnesium, by weight, and 
that do not conform to ASTM specifications for alloy magnesium. ``Off-
specification pure'' magnesium is pure primary magnesium containing 
magnesium scrap, secondary magnesium, oxidized magnesium or impurities 
(whether or not intentionally added) that cause the primary magnesium 
content to fall below 99.8 percent by weight. It generally does not 
contain, individually or in combination, 1.5 percent or more, by 
weight, of the following alloying elements: aluminum, manganese, zinc, 
silicon, thorium, zirconium and rare earths.
    Since the antidumping duty order was issued, we have clarified that 
the scope of the original order includes, but is not limited to, butt 
ends, stubs, crowns and crystals. See May 22, 1997, instructions to 
U.S. Customs and November 14, 1997, Final Scope Ruling of Antidumping 
Duty Order on Pure Magnesium from China.
    Excluded from the scope of this order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder), having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50 percent by weight), and remelted 
magnesium whose pure primary magnesium content is less than 50 percent 
by weight. Pure magnesium products covered by this order are currently 
classifiable under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
December 29, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were revoked. Interested parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov/frn/. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Review

    We determine that revocation of the antidumping duty order on pure 
magnesium from China would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margin:

------------------------------------------------------------------------
                                                       Weighted Average
         Manufacturers/ Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
China-wide Rate.....................................              108.26
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely 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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: December 29, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8327 Filed 1-4-06; 8:45 am]
BILLING CODE 3510-DS-S

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