Magnesium Metal From the Russian Federation: Final Results and Partial Rescission of Antidumping Duty Administrative Review, 39919-39920 [E9-19098]

Download as PDF Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices Dated: August 4, 2009. Gregory Campbell, Acting Director, Subsidies Enforcement Office, Import Administration. [FR Doc. E9–19093 Filed 8–7–09; 8:45 am] public hearing on June 10, 2009. The Department has conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). BILLING CODE 3510–DS–P Scope of the Order The merchandise covered by the order is magnesium metal (also referred to as magnesium), which includes primary and secondary pure and alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by the order includes blends of primary and secondary magnesium. The subject merchandise includes the following pure and alloy magnesium metal products made from primary and/ or secondary magnesium, including, without limitation, magnesium cast into ingots, slabs, rounds, billets, and other shapes, and magnesium ground, chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes: (1) Products that contain at least 99.95 percent 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 magnesium, by weight (generally referred to as ‘‘pure’’ magnesium); and (3) chemical combinations of magnesium and other material(s) in which the magnesium content is 50 percent or greater, but less that 99.8 percent, by weight, whether or not conforming to an ‘‘ASTM Specification for Magnesium Alloy’’. The scope of the order excludes (1) magnesium that is in liquid or molten form and (2) mixtures containing 90 percent or less magnesium in granular or powder form by weight and one or more of certain non-magnesium granular materials to make magnesiumbased reagent mixtures, including lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomite lime, and colemanite.1 DEPARTMENT OF COMMERCE International Trade Administration [A–821–819] Magnesium Metal From the Russian Federation: Final Results and Partial Rescission of Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On April 6, 2009, the Department of Commerce published the preliminary results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation. The review covers two manufacturers/exporters, PSC VSMPO– AVISMA Corporation (AVISMA) and Solikamsk Magnesium Works (SMW). The period of review (POR) is April 1, 2007, through March 31, 2008. Based on our analysis of the comments received we have made no changes in the margin for AVISMA. Therefore, the final results do not differ from the preliminary results. The final margin for AVISMA is listed below in the section entitled ‘‘Final Results of the Review.’’ DATES: Effective Date: August 10, 2009. FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/ CVD Operations, Office 5, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–3477 or (202) 482– 1690, respectively. SUPPLEMENTARY INFORMATION: rmajette on DSK29S0YB1PROD with NOTICES Background On April 6, 2009, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on magnesium metal from the Russian Federation. See Magnesium Metal From the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review and Intent To Rescind in Part, 74 FR 15435 (April 6, 2009) (Preliminary Results). We invited interested parties to comment on the Preliminary Results. At the request of certain parties, we held a VerDate Nov<24>2008 15:09 Aug 07, 2009 Jkt 217001 1 This second exclusion for magnesium-based reagent mixtures is based on the exclusion for PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 39919 The merchandise subject to the order is currently classifiable under items 8104.11.00, 8104.19.00, 8104.30.00, and 8104.90.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS item numbers are provided for convenience and customs purposes, the written description of the merchandise covered by the order is dispositive. Rescission of Review in Part On June 20, 2008, SMW submitted a letter indicating that it made no sales to the United States during the POR. We did not receive comments on SMW’s submission. We confirmed SMW’s claim of no shipments by reviewing U.S. Customs and Border Protection (CBP) documentation. See Memorandum from International Trade Compliance Analyst to the File dated March 24, 2009. Because we find that SMW had no shipments of subject merchandise during the POR, we are rescinding the administrative review with respect to SMW pursuant to 19 CFR 351.213(d)(3). Analysis of the Comments Received All issues raised in the case and rebuttal briefs by parties to this administrative review of the order on magnesium metal from the Russian Federation are addressed in the ‘‘Issues and Decision Memorandum’’ from John M. Andersen, Acting Deputy Assistant Secretary, to Ronald K. Lorentzen, Acting Assistant Secretary, dated August 4, 2009 (Decision Memo), which is hereby adopted by this notice. A list of the issues which parties have raised and to which we have responded is in the Decision Memo and attached to this notice as an Appendix. The Decision Memo, which is a public document, is on file in the Central Records Unit, main Department of Commerce building, Room 1117, and is accessible on the Web at http://ia.ita.doc.gov/frn/ index.html. The paper copy and electronic version of the Decision Memo are identical in content. Use of Adverse Facts Available For the final results, we continue to find that, by ending its participation in the review and requesting removal of its reagent mixtures in the 2000–2001 investigations of magnesium from China, Israel, and Russia. See Notice of Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 49345 (September 27, 2001), Notice of Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001), and Notice of Final Determination of Sales at Not Less Than Fair Value: Pure Magnesium From the Russian Federation, 66 FR 49347 (September 27, 2001). These mixtures are not magnesium alloys because they are not chemically combined in liquid form and cast into the same ingot. E:\FR\FM\10AUN1.SGM 10AUN1 39920 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices business-proprietary information from the record, AVISMA did not act to the best of its ability to comply with our requests for information. Thus, we continue to find that the use of adverse facts available is warranted for AVISMA under sections 776 (a)(2) and (b) of the Act. See Preliminary Results, 74 FR at 15436–37. As we explained in the Preliminary Results, the rate of 43.58 percent we selected as the adverse facts available rate for AVISMA is the highest transaction-specific rate on the record of the proceeding that we are able to corroborate in accordance with section 776(c) of the Act. Id; see also Decision Memo. deposit requirements shall remain in effect until further notice. Final Results of the Review Notification Regarding APOs We determine that a margin of 43.58 percent exists for AVISMA for the period April 1, 2007, through March 31, 2008. 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 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation. We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act. Assessment Rates Because we are relying on total adverse facts available to establish the dumping margin for AVISMA, we will instruct CBP to apply a dumping margin of 43.58 percent to all entries of subject merchandise during the POR that were produced and/or exported by AVISMA. We intend to issue liquidation instructions to CBP 15 days after the publication of these final results of review. rmajette on DSK29S0YB1PROD with NOTICES 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 the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication, consistent with section 751(a)(2)(C) of the Act: (1) The cashdeposit rate for AVISMA will be 43.58 percent; (2) for previously reviewed or investigated companies other than AVISMA, 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 less-than-fair-value (LTFV) investigation but the manufacturer is, the cash-deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; (4) the cash-deposit rate for all other manufacturers or exporters will continue to be the all-others rate established in the LTFV investigation, which is 21.01 percent. See Notice of Antidumping Duty Order: Magnesium Metal From the Russian Federation, 70 FR 19930 (April 15, 2005). These VerDate Nov<24>2008 15:09 Aug 07, 2009 Jkt 217001 Notification to Importers This notice serves as a final 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 Department’s presumption that reimbursement of antidumping duties occurred and the subsequent assessment of doubled antidumping duties. Dated: August 4, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. Appendix • Selection of an Adverse Facts-Available Rate [FR Doc. E9–19098 Filed 8–7–09; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE ADDRESSES: The permit and related documents are available for review upon written request or by appointment in the following office(s): Permits, Conservation and Education Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301)713–2289; fax (301)713–0376; and Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802–4213; phone (562)980–4001; fax (562)980–4018. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Kristy Beard, (301)713–2289. SUPPLEMENTARY INFORMATION: On April 27, 2009, notice was published in the Federal Register (74 FR 19068) that a request for a public display permit to import two male bottlenose dolphins from Dolphin Quest in Hamilton, HM FX, Bermuda to The Mirage CasinoHotel in Las Vegas, NV, had been submitted by the above-named organization. The requested permit has been issued under the authority of the Marine Mammal Protection Act of 1972, as amended (16 U.S.C. 1361 et seq.), and the regulations governing the taking and importing of marine mammals (50 CFR part 216). In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), a final determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Dated: August 4, 2009. P. Michael Payne, Chief, Permits, Conservation and Education Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E9–19085 Filed 8–7–09; 8:45 am] BILLING CODE 3510–22–S National Oceanic and Atmospheric Administration DEPARTMENT OF COMMERCE RIN 0648–XQ17 National Oceanic and Atmospheric Administration Marine Mammals; File No. 14497 RIN 0648–XQ88 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of permit. Gulf of Mexico Fishery Management Council; Public Meetings AGENCY: SUMMARY: Notice is hereby given that The Mirage Casino-Hotel, 3400 Las Vegas Blvd. South, Las Vegas, Nevada 89109 [David Blasko, Responsible Party] has been issued a permit to import two bottlenose dolphins (Tursiops truncatus) for public display. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of public meeting. SUMMARY: The Gulf of Mexico Fishery Management Council (Council) will convene the SEDAR Red Snapper Update Workshop (SEDAR). E:\FR\FM\10AUN1.SGM 10AUN1

Agencies

[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39919-39920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19098]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-819]


Magnesium Metal From the Russian Federation: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 6, 2009, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on magnesium metal from the Russian Federation. The review 
covers two manufacturers/exporters, PSC VSMPO-AVISMA Corporation 
(AVISMA) and Solikamsk Magnesium Works (SMW). The period of review 
(POR) is April 1, 2007, through March 31, 2008.
    Based on our analysis of the comments received we have made no 
changes in the margin for AVISMA. Therefore, the final results do not 
differ from the preliminary results. The final margin for AVISMA is 
listed below in the section entitled ``Final Results of the Review.''

DATES: Effective Date: August 10, 2009.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD 
Operations, Office 5, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-1690, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 6, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on magnesium metal from the Russian Federation. 
See Magnesium Metal From the Russian Federation: Preliminary Results of 
Antidumping Duty Administrative Review and Intent To Rescind in Part, 
74 FR 15435 (April 6, 2009) (Preliminary Results).
    We invited interested parties to comment on the Preliminary 
Results. At the request of certain parties, we held a public hearing on 
June 10, 2009. The Department has conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).

Scope of the Order

    The merchandise covered by the order is magnesium metal (also 
referred to as magnesium), which includes primary and secondary pure 
and alloy magnesium metal, regardless of chemistry, raw material 
source, form, shape, or size. Magnesium is a metal or alloy containing 
by weight primarily the element magnesium. Primary magnesium is 
produced by decomposing raw materials into magnesium metal. Secondary 
magnesium is produced by recycling magnesium-based scrap into magnesium 
metal. The magnesium covered by the order includes blends of primary 
and secondary magnesium.
    The subject merchandise includes the following pure and alloy 
magnesium metal products made from primary and/or secondary magnesium, 
including, without limitation, magnesium cast into ingots, slabs, 
rounds, billets, and other shapes, and magnesium ground, chipped, 
crushed, or machined into raspings, granules, turnings, chips, powder, 
briquettes, and other shapes: (1) Products that contain at least 99.95 
percent 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 magnesium, by weight (generally referred to as 
``pure'' magnesium); and (3) chemical combinations of magnesium and 
other material(s) in which the magnesium content is 50 percent or 
greater, but less that 99.8 percent, by weight, whether or not 
conforming to an ``ASTM Specification for Magnesium Alloy''.
    The scope of the order excludes (1) magnesium that is in liquid or 
molten form and (2) mixtures containing 90 percent or less magnesium in 
granular or powder form by weight and one or more of certain non-
magnesium granular materials to make magnesium-based reagent mixtures, 
including lime, calcium metal, calcium silicon, calcium carbide, 
calcium carbonate, carbon, slag coagulants, fluorspar, nephaline 
syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, 
hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, 
cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, 
dolomite lime, and colemanite.\1\
---------------------------------------------------------------------------

    \1\ This second exclusion for magnesium-based reagent mixtures 
is based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
Notice of Final Determination of Sales at Less Than Fair Value: Pure 
Magnesium in Granular Form From the People's Republic of China, 66 
FR 49345 (September 27, 2001), Notice of Final Determination of 
Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 
49349 (September 27, 2001), and Notice of Final Determination of 
Sales at Not Less Than Fair Value: Pure Magnesium From the Russian 
Federation, 66 FR 49347 (September 27, 2001). These mixtures are not 
magnesium alloys because they are not chemically combined in liquid 
form and cast into the same ingot.
---------------------------------------------------------------------------

    The merchandise subject to the order is currently classifiable 
under items 8104.11.00, 8104.19.00, 8104.30.00, and 8104.90.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). Although the 
HTSUS item numbers are provided for convenience and customs purposes, 
the written description of the merchandise covered by the order is 
dispositive.

Rescission of Review in Part

    On June 20, 2008, SMW submitted a letter indicating that it made no 
sales to the United States during the POR. We did not receive comments 
on SMW's submission. We confirmed SMW's claim of no shipments by 
reviewing U.S. Customs and Border Protection (CBP) documentation. See 
Memorandum from International Trade Compliance Analyst to the File 
dated March 24, 2009. Because we find that SMW had no shipments of 
subject merchandise during the POR, we are rescinding the 
administrative review with respect to SMW pursuant to 19 CFR 
351.213(d)(3).

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review of the order on magnesium metal from the 
Russian Federation are addressed in the ``Issues and Decision 
Memorandum'' from John M. Andersen, Acting Deputy Assistant Secretary, 
to Ronald K. Lorentzen, Acting Assistant Secretary, dated August 4, 
2009 (Decision Memo), which is hereby adopted by this notice. A list of 
the issues which parties have raised and to which we have responded is 
in the Decision Memo and attached to this notice as an Appendix. The 
Decision Memo, which is a public document, is on file in the Central 
Records Unit, main Department of Commerce building, Room 1117, and is 
accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Use of Adverse Facts Available

    For the final results, we continue to find that, by ending its 
participation in the review and requesting removal of its

[[Page 39920]]

business-proprietary information from the record, AVISMA did not act to 
the best of its ability to comply with our requests for information. 
Thus, we continue to find that the use of adverse facts available is 
warranted for AVISMA under sections 776 (a)(2) and (b) of the Act. See 
Preliminary Results, 74 FR at 15436-37. As we explained in the 
Preliminary Results, the rate of 43.58 percent we selected as the 
adverse facts available rate for AVISMA is the highest transaction-
specific rate on the record of the proceeding that we are able to 
corroborate in accordance with section 776(c) of the Act. Id; see also 
Decision Memo.

Final Results of the Review

    We determine that a margin of 43.58 percent exists for AVISMA for 
the period April 1, 2007, through March 31, 2008.

Assessment Rates

    Because we are relying on total adverse facts available to 
establish the dumping margin for AVISMA, we will instruct CBP to apply 
a dumping margin of 43.58 percent to all entries of subject merchandise 
during the POR that were produced and/or exported by AVISMA. We intend 
to issue liquidation instructions to CBP 15 days after the publication 
of these final results of review.

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 the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(2)(C) of the Act: (1) The cash-deposit 
rate for AVISMA will be 43.58 percent; (2) for previously reviewed or 
investigated companies other than AVISMA, 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 less-than-fair-value (LTFV) investigation 
but the manufacturer is, the cash-deposit rate will be the rate 
established for the most recent period for the manufacturer of the 
merchandise; (4) the cash-deposit rate for all other manufacturers or 
exporters will continue to be the all-others rate established in the 
LTFV investigation, which is 21.01 percent. See Notice of Antidumping 
Duty Order: Magnesium Metal From the Russian Federation, 70 FR 19930 
(April 15, 2005). These deposit requirements shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a final 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    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 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: August 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

     Selection of an Adverse Facts-Available Rate

[FR Doc. E9-19098 Filed 8-7-09; 8:45 am]
BILLING CODE 3510-DS-P