Pure Magnesium from the People's Republic of China: Final Results of 2004-2005 Antidumping Duty Administrative Review, 61019-61021 [E6-17267]
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–832
Pure Magnesium from the People’s
Republic of China: Final Results of
2004–2005 Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of administrative
review of the antidumping duty order
on pure magnesium from the People’s
Republic of China (‘‘PRC’’) on April 10,
2006. The period of review (‘‘POR’’) is
May 1, 2004, through April 30, 2005.
We invited interested parties to
comment on our preliminary results.
Based on our analysis of the comments
received, we have made changes to our
margin calculations. Therefore, the final
results differ from the preliminary
results. The final dumping margin for
this review is listed in the ‘‘Final
Results of Review’’ section below.
EFFECTIVE DATE: October 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Eugene Degnan or Hua Lu, AD/CVD
Operations, Office 8, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone (202) 482–0414 or (202) 482–
6478, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
bajohnson on PROD1PC69 with NOTICES
Background
On April 10, 2006, the Department
published its preliminary results of
review. See Pure Magnesium from the
People’s Republic of China: Preliminary
Results of Antidumping Duty
Administrative Review, 71 FR 18067
(April 10, 2006) (‘‘Preliminary Results’’).
On April 28, 2006, Tianjin Magnesium
International, Ltd. (‘‘TMI’’) submitted
additional surrogate value information.
On May 8, 2006, TMI requested a
hearing. On May 10, 2006, TMI
submitted its case brief. US Magnesium
LLC (‘‘Petitioner’’) submitted a rebuttal
brief on May 17, 2006. On July 19, 2006,
the Department held a public hearing.
On July 31, 2006, the Department
published a notice extending the time
limit for the final results of review until
September 7, 2006. See Notice of
Extension of Final Results of the 2004–
2005 Administrative Review of Pure
Magnesium from the People’s Republic
of China, 71 FR 43110 (July 31, 2006).
On September 12, 2006, the Department
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04:06 Oct 18, 2006
Jkt 211001
published a notice extending the time
limit for the final results of review until
September 29, 2006. See Notice of
Extension of Final Results of the 2004–
2005 Administrative Review of Pure
Magnesium from the People’s Republic
of China, 71 FR 53662 (September 12,
2006). On October 6, 2006, the
Department published a notice
extending the time limit for the final
results of review until October 10, 2006.
See Pure Magnesium from the People’s
Republic of China: Notice of Extension
of Final Results of the 2004–2005
Administrative Review, 71 FR 59078
(October 6, 2006).
We have conducted this
administrative review in accordance
with section 751 of the Tariff Act of
1930, as amended (‘‘the Act’’), and 19
CFR 351.213.
Period of Review
The POR is May 1, 2004, through
April 30, 2005.
Scope of Order
Merchandise covered by this order is
pure magnesium regardless of
chemistry, form or size, unless expressly
excluded from the scope of this order.
Pure 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 magnesium
is used as an input in producing
magnesium alloy. Pure 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% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium);
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
(3) Products that contain 50% or
greater, but less than 99.8% primary
magnesium, by weight, and that do not
conform to ASTM specifications for
alloy magnesium (generally referred to
as ‘‘off–specification pure’’ 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%
by weight. It generally does not contain,
individually or in combination, 1.5% or
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Sfmt 4703
61019
more, by weight, of the following
alloying elements: aluminum,
manganese, zinc, silicon, thorium,
zirconium and rare earths.
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% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
this order are currently classifiable
under 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 the post–
preliminary comments by parties in this
review are addressed in the
memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the Final Results of
Administrative Review of the
Antidumping Duty Order on Pure
Magnesium from the People’s Republic
of China,’’ dated October 10, 2006
(‘‘Issues and Decision Memo’’), which is
hereby adopted by this notice. A list of
the issues which parties raised and to
which we responded in the Issues and
Decision Memo is attached to this notice
as an appendix. The Issues and Decision
Memo is a public document which is on
file in the Central Records Unit (‘‘CRU’’)
in room B–099 in the main Department
building, and is accessible on the Web
at https://ia.ita.doc.gov/frn. The paper
copy and electronic version of the
memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have made changes in the
margin calculations for TMI.
• In the preliminary results, we used
Indian imports statistics from World
Trade Atlas (‘‘WTA’’) to value dolomite.
For the final results, we have
determined to average dolomite prices
from the financial statements of Indian
Iron & Steel Company, Ltd. and Tata
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61020
Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
Sponge Iron Ltd. See Issues and
Decision Memo at Comment 1 for a
thorough discussion of this issue and
‘‘Tianjin Magnesium International, Ltd.
Program Analysis for the Final Results
of Review’’ from Hua Lu, Case Analyst,
through Robert Bolling, Program
Manager, to the File, dated October 10,
2006 (‘‘Final Analysis Memorandum.’’).
• In the preliminary results, we
calculated the surrogate value for flux
No. 2 based on the HTSUS subheading
for magnesium chloride, which is one of
the constituent materials that make up
flux No. 2. For the final results, we
valued flux No. 2 based on the three
compounds included in flux No. 2 (i.e.,
magnesium chloride, sodium chloride
and potassium chloride) according to
their respective proportions. See Issues
and Decision Memo at Comment 3 and
Final Analysis Memorandum.
• In the preliminary results, we used the
price for grade A coal from the 2003/
2004 Tata Energy Research Institute’s
Energy Data Directory & Yearbook
(‘‘TERI data’’) to value the coal used by
TMI in the production of pure
magnesium. For the final results, we
have determined to value coal using
grade C coal prices from the TERI data.
See Issues and Decision Memo at
Comment 4 and Final Analysis
Memorandum.
bajohnson on PROD1PC69 with NOTICES
Surrogate Country
In the Preliminary Results, we stated
that we treat the PRC as a non–market
economy (‘‘NME’’) country, and,
therefore, we calculated normal value in
accordance with section 773(c) of the
Act, which applies to NME countries.
Also, we stated that we had selected
India as the appropriate surrogate
country to use in this review for the
following reasons: 1) India is at a level
of economic development comparable to
that of the PRC; 2) India is a significant
producer of comparable merchandise; 3)
India provides the best opportunity to
use quality, publicly available data to
value the factors of production;
pursuant to section 773(c)(4) of the Act.
See Preliminary Results, 71 FR 18069.
For the final results, we made no
changes to our findings with respect to
the selection of a surrogate country.
Separate Rates
In proceedings involving NME
countries, the Department begins with a
rebuttable presumption that all
companies within the country are
subject to government control and, thus,
should be assigned a single
antidumping duty deposit rate. It is the
Department’s policy to assign all
exporters of merchandise subject to
administrative review in an NME
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04:06 Oct 18, 2006
Jkt 211001
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
In the Preliminary Results, we found
that TMI demonstrated its eligibility for
separate–rate status. For the final
results, we continue to find that the
evidence placed on the record of this
review by TMI demonstrates an absence
of government control, both in law and
in fact, with respect to its exports of the
merchandise under review and, thus,
determine that TMI is eligible for
separate–rate status.
Final Results of Review
We determine that the following
dumping margin exists:
Exporter/manufacturer
Weighted–average
margin percentage
TMI ................................
0.00
Assessment Rates
The Department will issue
appraisement instructions directly to
U.S. Customs and Border Protection
(‘‘CBP’’) within 15 days of publication
of these final results of administrative
review. In accordance with 19 CFR
351.212(b)(1), we have calculated
importer–specific assessment rates for
merchandise subject to this review. We
divided the total dumping margins of
reviewed sales by the total entered value
of reviewed sales for each applicable
importer to calculate ad valorem
assessment rates. We will direct CBP to
assess the resulting assessment rates
against the entered customs values for
the subject merchandise on each
importer’s entries under the relevant
order during the POR.
To determine whether the duty
assessment rates were de minimis, in
accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we
calculated importer–specific ad valorem
rates. For TMI, we aggregated the
dumping margins calculated for all U.S.
sales to each importer and divided this
amount by the entered value of the sales
to each importer. Where an importer–
specific ad valorem rate is de minimis,
we will order CBP to liquidate
appropriate entries without regard to
antidumping duties.
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of
this notice of final results of
administrative review for all shipments
of pure magnesium from the PRC
entered, or withdrawn from warehouse,
for consumption on or after the date of
publication, as provided by section
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Sfmt 4703
751(a)(1) of the Act: (1) The cash deposit
rate for TMI is zero; (2) for previously
reviewed or investigated companies not
listed above that have a separate rate,
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (3) the cash
deposit rate for all other PRC exporters
will be 108.26 percent, the current PRC–
wide rate; and (4) the cash deposit rate
for all non–PRC exporters will be the
rate applicable to the PRC exporter that
supplied that exporter. These deposit
requirements, when imposed, shall
remain in effect until publication of the
final results of the next administrative
review.
Notification of Interested Parties
This notice also 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 the
Secretary’s presumption that
reimbursement of the antidumping
duties occurred and the subsequent
assessment of double antidumping
duties. This notice also serves as a
reminder to parties subject to
administrative protective orders
(‘‘APOs’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with 19 CFR
351.305, which continues to govern
business proprietary information in this
segment of the proceeding. Timely
written notification of the return/
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 this
determination and notice in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: October 10, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix
List of Comments and Issues in the
Decision Memorandum
Comment 1: Surrogate Value for
Dolomite
Comment 2: Surrogate Value for
Ferrosilicon
Comment 3: Surrogate Value for Flux
No. 2
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Federal Register / Vol. 71, No. 200 / Tuesday, October 17, 2006 / Notices
Comment 4: Surrogate Value for Coal
Comment 5: Surrogate Value for
Electricity
Comment 6: Ocean Freight
[FR Doc. E6–17267 Filed 10–16–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–428–825)
Stainless Steel Sheet and Strip in Coils
From Germany: Notice of Rescission
of Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is rescinding its
administrative review of the
antidumping duty order on stainless
steel sheet and strip in coils from
Germany for the period July 1, 2005 to
June 30, 2006.
EFFECTIVE DATE: October 17, 2006.
FOR FURTHER INFORMATION CONTACT:
Tyler R. Weinhold, Deborah Scott, or
Robert James at (, AD/CVD Operations,
Office 7, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW,
Washington, DC 20230; Telephone:
(202) 482–2657 and (202) 482–0649,
respectively.
AGENCY:
SUPPLEMENTARY INFORMATION:
bajohnson on PROD1PC69 with NOTICES
Background
On July 3, 2006, the Department
published in the Federal Register its
notice of opportunity to request an
administrative review of the
antidumping duty order on stainless
steel sheet and strip in coils from
Germany. See Antidumping of
Countervailing Duty Order, Finding, or
Suspended Investigation; Opportunity
to Request Administrative Review, 71
FR 37890 (July 3, 2006). In response, on
July 31, 2006, German producers
ThyssenKrupp Nirosta GmbH
(‘‘ThyssenKrupp Nirosta’’),
ThysssenKrupp Nirosta Prazisionsband
GmbH (‘‘TKNP’’), ThyssenKrupp VDM
GmbH (‘‘TKVDM’’) (collectively,
‘‘TKN’’), along with their affiliated U.S.
importers ThyssenKrupp Nirosta North
America, Inc. (‘‘TKNNA’’) and
ThyssenKrupp VDM USA, Inc.
(‘‘TKVDMUSA’’) requested an
administrative review of the
antidumping duty order on stainless
steel sheet and strip in coils from
VerDate Aug<31>2005
04:06 Oct 18, 2006
Jkt 211001
Germany for the period of review July
1, 2005, through June 30, 2006.
Petitioners in this case did not request
an administrative review. On August 30,
2006, the Department initiated an
administrative review of TKN. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 71 FR 51573 (August 30, 2006). On
September 19, 2006, TKN submitted a
letter withdrawing their request for an
administrative review. See letter from
TKN dated September 19, 2006.
Rescission of Review
Section 351.213(d)(1) of the
Department’s regulations provides that
the Department will rescind an
administrative review if the party that
requested the review withdraws its
request for review within 90 days of the
date of publication of the notice of
initiation of the requested review, or
withdraws at a later date if the
Department determines it is reasonable
to extend the time limit for withdrawing
the request. In response to TKN’s
withdrawal of their request for an
administrative review, the Department
hereby rescinds the administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Germany for the period July 1,
2005 through June 30, 2006.
The Department will issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (CBP) within 15 days of the
publication of this notice. The
Department will direct CBP to assess
antidumping duties for TKN at the cash
deposit rate in effect on the date of entry
for entries during the period July 1,
2005, through June 30, 2006.
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under section 351.402(f) of the
Department’s regulations 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 assumption that
reimbursement of antidumping duties
occurred and subsequent assessment of
double antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with section 351.305(a)(3) of the
Department’s regulations. Timely
written notification of the return/
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61021
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
This notice is published in
accordance with section 777(i)(1) of the
Tariff Act of 1930, as amended, and 19
CFR 351.213(d)(4).
Dated: October 10, 2006.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import
Administration.
[FR Doc. E6–17269 Filed 10–16–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[I.D. 101106C]
Endangered and Threatened Species;
Initiation of a Status Review under the
Endangered Species Act (ESA) for the
Black Abalone
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; initiation of a status
review under the ESA.
AGENCY:
SUMMARY: We, NMFS, announce the
initiation of an ESA status review of the
black abalone (Haliotis cracherodii), and
we solicit information on the species.
DATES: Information on the black abalone
must be received by December 18, 2006.
ADDRESSES: You may submit
information on the black abalone via
mail to Melissa Neuman, NMFS,
Southwest Region, 501 West Ocean
Blvd., Suite 4200, Long Beach, CA,
90802–4213, e-mail at
black.abalone@noaa.gov, or fax to 562–
980–4027. Include in the subject line of
any e-mail the following document
identifier: Black abalone review.
FOR FURTHER INFORMATION CONTACT:
Melissa Neuman, (562) 980–4115,
melissa.neuman@noaa.gov, or Marta
Nammack, (301)713–1401,
marta.nammack@noaa.gov.
SUPPLEMENTARY INFORMATION: We
initiated an informal ESA status review
of the black abalone on July 15, 2003,
and we conducted a biological scoping
workshop on January 29–30, 2004,
which served to bring together
individuals who have research
experience with black abalone and/or
experience conducting status reviews
and/or stock assessments. A second
workshop was convened on July 31–
August 1, 2006, to discuss research
E:\FR\FM\17OCN1.SGM
17OCN1
]]>Agencies
[Federal Register Volume 71, Number 200 (Tuesday, October 17, 2006)]
[Notices]
[Pages 61019-61021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-17267]
[[Page 61019]]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-570-832
Pure Magnesium from the People's Republic of China: Final Results
of 2004-2005 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') published its
preliminary results of administrative review of the antidumping duty
order on pure magnesium from the People's Republic of China (``PRC'')
on April 10, 2006. The period of review (``POR'') is May 1, 2004,
through April 30, 2005. We invited interested parties to comment on our
preliminary results. Based on our analysis of the comments received, we
have made changes to our margin calculations. Therefore, the final
results differ from the preliminary results. The final dumping margin
for this review is listed in the ``Final Results of Review'' section
below.
EFFECTIVE DATE: October 17, 2006.
FOR FURTHER INFORMATION CONTACT: Eugene Degnan or Hua Lu, AD/CVD
Operations, Office 8, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0414
or (202) 482-6478, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 10, 2006, the Department published its preliminary results
of review. See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 71 FR
18067 (April 10, 2006) (``Preliminary Results''). On April 28, 2006,
Tianjin Magnesium International, Ltd. (``TMI'') submitted additional
surrogate value information. On May 8, 2006, TMI requested a hearing.
On May 10, 2006, TMI submitted its case brief. US Magnesium LLC
(``Petitioner'') submitted a rebuttal brief on May 17, 2006. On July
19, 2006, the Department held a public hearing. On July 31, 2006, the
Department published a notice extending the time limit for the final
results of review until September 7, 2006. See Notice of Extension of
Final Results of the 2004-2005 Administrative Review of Pure Magnesium
from the People's Republic of China, 71 FR 43110 (July 31, 2006). On
September 12, 2006, the Department published a notice extending the
time limit for the final results of review until September 29, 2006.
See Notice of Extension of Final Results of the 2004-2005
Administrative Review of Pure Magnesium from the People's Republic of
China, 71 FR 53662 (September 12, 2006). On October 6, 2006, the
Department published a notice extending the time limit for the final
results of review until October 10, 2006. See Pure Magnesium from the
People's Republic of China: Notice of Extension of Final Results of the
2004-2005 Administrative Review, 71 FR 59078 (October 6, 2006).
We have conducted this administrative review in accordance with
section 751 of the Tariff Act of 1930, as amended (``the Act''), and 19
CFR 351.213.
Period of Review
The POR is May 1, 2004, through April 30, 2005.
Scope of Order
Merchandise covered by this order is pure magnesium regardless of
chemistry, form or size, unless expressly excluded from the scope of
this order. Pure 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 magnesium is used as
an input in producing magnesium alloy. Pure 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[percnt] primary magnesium,
by weight (generally referred to as ``ultra pure'' magnesium);
(2) Products that contain less than 99.95[percnt] but not less than
99.8[percnt] primary magnesium, by weight (generally referred to as
``pure'' magnesium); and
(3) Products that contain 50[percnt] or greater, but less than
99.8[percnt] primary magnesium, by weight, and that do not conform to
ASTM specifications for alloy magnesium (generally referred to as
``off-specification pure'' 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[percnt] by weight. It generally
does not contain, individually or in combination, 1.5[percnt] or more,
by weight, of the following alloying elements: aluminum, manganese,
zinc, silicon, thorium, zirconium and rare earths.
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[percnt] by weight), and remelted
magnesium whose pure primary magnesium content is less than 50[percnt]
by weight.
Pure magnesium products covered by this order are currently
classifiable under 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 the post-preliminary comments by parties in
this review are addressed in the memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the Final Results of Administrative Review of
the Antidumping Duty Order on Pure Magnesium from the People's Republic
of China,'' dated October 10, 2006 (``Issues and Decision Memo''),
which is hereby adopted by this notice. A list of the issues which
parties raised and to which we responded in the Issues and Decision
Memo is attached to this notice as an appendix. The Issues and Decision
Memo is a public document which is on file in the Central Records Unit
(``CRU'') in room B-099 in the main Department building, and is
accessible on the Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have made changes in
the margin calculations for TMI.
In the preliminary results, we used Indian imports statistics
from World Trade Atlas (``WTA'') to value dolomite. For the final
results, we have determined to average dolomite prices from the
financial statements of Indian Iron & Steel Company, Ltd. and Tata
[[Page 61020]]
Sponge Iron Ltd. See Issues and Decision Memo at Comment 1 for a
thorough discussion of this issue and ``Tianjin Magnesium
International, Ltd. Program Analysis for the Final Results of Review''
from Hua Lu, Case Analyst, through Robert Bolling, Program Manager, to
the File, dated October 10, 2006 (``Final Analysis Memorandum.'').
In the preliminary results, we calculated the surrogate value
for flux No. 2 based on the HTSUS subheading for magnesium chloride,
which is one of the constituent materials that make up flux No. 2. For
the final results, we valued flux No. 2 based on the three compounds
included in flux No. 2 (i.e., magnesium chloride, sodium chloride and
potassium chloride) according to their respective proportions. See
Issues and Decision Memo at Comment 3 and Final Analysis Memorandum.
In the preliminary results, we used the price for grade A coal
from the 2003/2004 Tata Energy Research Institute's Energy Data
Directory & Yearbook (``TERI data'') to value the coal used by TMI in
the production of pure magnesium. For the final results, we have
determined to value coal using grade C coal prices from the TERI data.
See Issues and Decision Memo at Comment 4 and Final Analysis
Memorandum.
Surrogate Country
In the Preliminary Results, we stated that we treat the PRC as a
non-market economy (``NME'') country, and, therefore, we calculated
normal value in accordance with section 773(c) of the Act, which
applies to NME countries. Also, we stated that we had selected India as
the appropriate surrogate country to use in this review for the
following reasons: 1) India is at a level of economic development
comparable to that of the PRC; 2) India is a significant producer of
comparable merchandise; 3) India provides the best opportunity to use
quality, publicly available data to value the factors of production;
pursuant to section 773(c)(4) of the Act. See Preliminary Results, 71
FR 18069. For the final results, we made no changes to our findings
with respect to the selection of a surrogate country.
Separate Rates
In proceedings involving NME countries, the Department begins with
a rebuttable presumption that all companies within the country are
subject to government control and, thus, should be assigned a single
antidumping duty deposit rate. It is the Department's policy to assign
all exporters of merchandise subject to administrative review in an NME
country this single rate unless an exporter can demonstrate that it is
sufficiently independent so as to be entitled to a separate rate.
In the Preliminary Results, we found that TMI demonstrated its
eligibility for separate-rate status. For the final results, we
continue to find that the evidence placed on the record of this review
by TMI demonstrates an absence of government control, both in law and
in fact, with respect to its exports of the merchandise under review
and, thus, determine that TMI is eligible for separate-rate status.
Final Results of Review
We determine that the following dumping margin exists:
------------------------------------------------------------------------
Weighted-average
Exporter/manufacturer margin percentage
------------------------------------------------------------------------
TMI................................................. 0.00
------------------------------------------------------------------------
Assessment Rates
The Department will issue appraisement instructions directly to
U.S. Customs and Border Protection (``CBP'') within 15 days of
publication of these final results of administrative review. In
accordance with 19 CFR 351.212(b)(1), we have calculated importer-
specific assessment rates for merchandise subject to this review. We
divided the total dumping margins of reviewed sales by the total
entered value of reviewed sales for each applicable importer to
calculate ad valorem assessment rates. We will direct CBP to assess the
resulting assessment rates against the entered customs values for the
subject merchandise on each importer's entries under the relevant order
during the POR.
To determine whether the duty assessment rates were de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculated importer-specific ad valorem rates. For TMI, we aggregated
the dumping margins calculated for all U.S. sales to each importer and
divided this amount by the entered value of the sales to each importer.
Where an importer-specific ad valorem rate is de minimis, we will order
CBP to liquidate appropriate entries without regard to antidumping
duties.
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of pure magnesium from the PRC entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by section 751(a)(1) of the Act: (1) The cash deposit rate for
TMI is zero; (2) for previously reviewed or investigated companies not
listed above that have a separate rate, the cash deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) the cash deposit rate for all other PRC exporters will be
108.26 percent, the current PRC-wide rate; and (4) the cash deposit
rate for all non-PRC exporters will be the rate applicable to the PRC
exporter that supplied that exporter. These deposit requirements, when
imposed, shall remain in effect until publication of the final results
of the next administrative review.
Notification of Interested Parties
This notice also 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 the Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties. This notice also serves as a
reminder to parties subject to administrative protective orders
(``APOs'') of their responsibility concerning the return or destruction
of proprietary information disclosed under APO in accordance with 19
CFR 351.305, which continues to govern business proprietary information
in this segment of the proceeding. Timely written notification of the
return/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 this determination and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 10, 2006.
David M. Spooner,
Assistant Secretaryfor Import Administration.
Appendix
List of Comments and Issues in the Decision Memorandum
Comment 1: Surrogate Value for Dolomite
Comment 2: Surrogate Value for Ferrosilicon
Comment 3: Surrogate Value for Flux No. 2
[[Page 61021]]
Comment 4: Surrogate Value for Coal
Comment 5: Surrogate Value for Electricity
Comment 6: Ocean Freight
[FR Doc. E6-17267 Filed 10-16-06; 8:45 am]
BILLING CODE 3510-DS-S
