Continuation of Antidumping Duty Order: Pure Magnesium from the People's Republic of China, 38860-38861 [E6-10744]

Download as PDF 38860 Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Notices within 30 days of publication of this notice. See 19 CFR 351.310(c). Any hearing, if requested, will be held 42 days after the date of publication of this notice. See 19 CFR 351.310(d). Rebuttal briefs and rebuttals to written comments, limited to issues raised in such briefs or comments, may be filed no later than 35 days after the date of publication. See 19 CFR 351.309(d). The Department requests that parties submitting written comments also provide the Department with an additional copy of those comments on diskette. The Department will issue the final results of this administrative review, which will include the results of its analysis of issues raised in any such comments, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act. sroberts on PROD1PC70 with NOTICES Assessment Rates The Department will determine, and CBP shall assess, antidumping duties on all appropriate entries. The Department will issue, as appropriate, appraisement instructions directly to CBP within 15 days of publication of these final results of administrative review. In accordance with 19 CFR 351.212(b), we calculated an exporter/importer (or customer)specific assessment rate for the merchandise subject to this review. Where the respondent has reported reliable entered values, we calculated for all U.S. sales to each importer (or customer)-specific ad valorem rates by aggregating the dumping margins calculated for all U.S. sales to each importer (or customer) and dividing this amount by the total entered quantity of the sales to each importer (or customer). Where an importer (or customer)specific ad valorem rate is greater than de minimis, we will apply the assessment rate to the entered value of the importer’s/customer’s entries during the review period. Where we do not have entered values for all U.S. sales, we calculated a per–unit assessment rate by aggregating the antidumping duties due for al U.S. sales to each importer (or customer) and dividing this amount by the total quantity sold to that importer (or customer). To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we calculated importer (or customer)-specific ad valorem rates based on the estimated entered value. Where an importer (or customer)specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties. VerDate Aug<31>2005 17:10 Jul 07, 2006 Jkt 208001 Cash Deposit Requirements DEPARTMENT OF COMMERCE The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise 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) for the above–listed respondents, which have a separate rate, the cash deposit rate will be the company–specific rate established in the final results of review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for previously investigated or reviewed PRC and non–PRC exporters not listed above that have separate rates, the cash deposit rate will continue to be the exporter–specific rate published for the most recent period; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be the PRC–wide rate of 70.71 percent; and (4) for all non–PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporters that supplied that non– PRC exporter. These deposit requirements, when imposed, shall remain in effect until publication of the final results of the next administrative review. International Trade Administration 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 the Secretary’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: June 30, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–10740 Filed 7–7–06; 8:45 am] BILLING CODE 3510–DS–S PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 A–570–832 Continuation of Antidumping Duty Order: Pure Magnesium from the People’s Republic of China 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 this antidumping duty order 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 order on pure magnesium from the People’s Republic of China (‘‘the PRC’’). The Department is publishing notice of the continuation of this antidumping duty order. EFFECTIVE DATE: July 10, 2006. FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482–4340 or (202) 482– 0783, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 1, 2005, the Department initiated and the Commission instituted a sunset review of the antidumping duty order on pure magnesium from the PRC pursuant to section 751(c) of the Act. See Initiation of Five–Year (‘‘Sunset’’) Reviews, 70 FR 52074 (September 1, 2005). As a result of its review, the Department found that revocation of the antidumping duty order 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 order to be revoked. See Pure Magnesium from the People’s Republic of China; Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 71 FR 580 (January 5, 2006). The Commission determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on pure magnesium from the PRC would be likely to lead to continuation E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 71, No. 131 / Monday, July 10, 2006 / Notices sroberts on PROD1PC70 with NOTICES or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Pure and Alloy Magnesium from Canada and Pure Magnesium from China, 71 FR 36359 (June 26, 2006), USITC Publication 3859 (June 2006) (Investigation Nos. 701–TA–309–A–B and 731–TA–696 (Second Review)). 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, 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 VerDate Aug<31>2005 17:10 Jul 07, 2006 Jkt 208001 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. Determination As a result of the determinations by the Department and the Commission that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to sections 751(d)(2)(A) and (B) of the Act, the Department hereby orders the continuation of the antidumping duty order on pure magnesium from The PRC. U.S. Customs and Border Protection will continue to collect antidumping duty deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of this order is the date of publication in the Federal Register of this Notice of Continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five–year review of this antidumping order not later than June 2011. This sunset review and this continuation notice are in accordance with section 751(c) of the Act and published pursuant to 777(i)(1) of the Act. Dated: June 30, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6–10744 Filed 7–7–06; 8:45 am] Billing Code: 3510–DS–S PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 38861 DEPARTMENT OF COMMERCE International Trade Administration [C–580–837] Notice of Final Results of Countervailing Duty Administrative Review: Certain Cut–to-Length Carbon–Quality Steel Plate from the Republic of Korea Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On March 7, 2006, the Department of Commerce (‘‘the Department’’) published the preliminary results of the countervailing duty (‘‘CVD’’) administrative review of certain cut–to-length carbon–quality steel plate (‘‘CTL Plate’’) from the Republic of Korea (‘‘Korea’’). The review covers Dongkuk Steel Mill Co., Ltd. (‘‘DSM’’). The period of review (‘‘POR’’) is January 1, 2004, through December 31, 2004. The Department received no comments concerning our preliminary results; therefore, our final results remain unchanged from our preliminary results. The final results are listed in the section ‘‘Final Results of Review’’ below. EFFECTIVE DATE: July 10, 2006. FOR FURTHER INFORMATION CONTACT: Tipten Troidl, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave., NW., Washington, DC 20230; telephone: (202) 482–1767. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 7, 2006, the Department published the preliminary results of the administrative review of the CVD order on CTL Plate from Korea. See Notice of Preliminary Results of Countervailing Duty Administrative Review: Certain Cut–to-Length Carbon–Quality Steel Plate from the Republic of Korea, 71 FR 11397 (March 7, 2006) (‘‘Preliminary Results’’). We invited interested parties to comment on our Preliminary Results. We received no comments. Scope of Review The products covered by the CVD order are certain hot–rolled carbon– quality steel: (1) Universal mill plates (i.e., flat–rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a nominal or actual thickness of not less than 4 mm, which are cut–to-length (not in coils) and without patterns in relief), of iron or non–alloy-quality steel; and (2) flat– E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Notices]
[Pages 38860-38861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10744]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-832


Continuation of Antidumping Duty Order: Pure Magnesium from the 
People's Republic of China

AGENCY: 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 this antidumping duty order 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 order on pure 
magnesium from the People's Republic of China (``the PRC''). The 
Department is publishing notice of the continuation of this antidumping 
duty order.

EFFECTIVE DATE: July 10, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-4340 
or (202) 482-0783, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2005, the Department initiated and the Commission 
instituted a sunset review of the antidumping duty order on pure 
magnesium from the PRC pursuant to section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 52074 (September 1, 
2005). As a result of its review, the Department found that revocation 
of the antidumping duty order 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 order to be revoked. See Pure 
Magnesium from the People's Republic of China; Notice of Final Results 
of Expedited Sunset Review of Antidumping Duty Order, 71 FR 580 
(January 5, 2006).
    The Commission determined, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on pure magnesium from 
the PRC would be likely to lead to continuation

[[Page 38861]]

or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Pure and Alloy Magnesium from 
Canada and Pure Magnesium from China, 71 FR 36359 (June 26, 2006), 
USITC Publication 3859 (June 2006) (Investigation Nos. 701-TA-309-A-B 
and 731-TA-696 (Second Review)).

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, 
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.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of this antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to sections 
751(d)(2)(A) and (B) of the Act, the Department hereby orders the 
continuation of the antidumping duty order on pure magnesium from The 
PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of this order is the date of publication in the Federal 
Register of this Notice of Continuation. Pursuant to section 751(c)(2) 
of the Act, the Department intends to initiate the next five-year 
review of this antidumping order not later than June 2011.
    This sunset review and this continuation notice are in accordance 
with section 751(c) of the Act and published pursuant to 777(i)(1) of 
the Act.

    Dated: June 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-10744 Filed 7-7-06; 8:45 am]
Billing Code: 3510-DS-S

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