Pure Magnesium In Granular Form from the People's Republic of China: Initiation of Changed Circumstances Review, 51002-51004 [2010-20494]
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51002
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices
fishing methods to those employed in
the fishery.
Possible conditions the agency may
impose on this permit, if it is indeed
granted, include but are not limited to,
a prohibition of conducting research
within marine protected areas, marine
sanctuaries, or special management
zones, without additional authorization.
Additionally, NMFS may prohibit the
possession of Nassau or goliath grouper,
and require any sea turtles taken
incidentally during the course of fishing
or scientific research activities to be
handled with due care to prevent injury
to live specimens, observed for activity,
and returned to the water. The
applicant’s field personnel are
considered designated agents of NMFS
while conducting work under a NMFSfunded research grant. They are
authorized to handle sea turtles
encountered during the course of this
study. A final decision on issuance of
the EFP will depend upon a NMFS
review of public comments received on
the application, consultations with the
affected states, the South Atlantic
Fishery Management Council, and the
U.S. Coast Guard, and a determination
that it is consistent with all applicable
laws.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 13, 2010.
James P. Burgess,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–20516 Filed 8–17–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XY23
Fisheries of the South Atlantic and
Gulf of Mexico; Southeast Data,
Assessment, and Review (SEDAR);
Assessment Webinar 6 for SEDAR 22
Yellowedge Grouper and Tilefish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 22 Gulf of
Mexico yellowedge grouper and tilefish
assessment webinar 6.
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY:
The SEDAR 22 assessments of
the Gulf of Mexico stocks of yellowedge
grouper and tilefish will consist of a
series of workshops and webinars: a
Data Workshop, a series of Assessment
webinars, and a Review Workshop. See
SUPPLEMENTARY INFORMATION.
SUMMARY:
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18:40 Aug 17, 2010
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The fifth SEDAR 22 Assessment
Process webinar will be held on
Wednesday, September 1, 2010, from 12
noon to approximately 4 p.m. (EDT).
The established times may be adjusted
as necessary to accommodate the timely
completion of discussion relevant to the
assessment process. Such adjustments
may result in the meeting being
extended from, or completed prior to
the time established by this notice.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Those interested
in participating should contact Julie
Neer at SEDAR to request an invitation
providing webinar access information.
A listening station will be available at
the Gulf of Mexico Fishery Management
Council office located at 2203 N Lois
Avenue, Suite 1100, Tampa, Florida
33607. Those interested in participating
via the listening station should contact
Julie A. Neer at SEDAR at least 1 day
prior to the webinar.
FOR FURTHER INFORMATION CONTACT: Julie
A Neer, SEDAR Coordinator, 4055 Faber
Place, Suite 201, North Charleston, SC
29405; phone (843) 571–4366. Email:
Julie.neer@safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a threestep process including: (1) Data
Workshop,(2) Assessment Process
utilizing webinars and (3) Review
Workshop. The product of the Data
Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
datasets are appropriate for assessment
analyses. The product of the Assessment
Process is a stock assessment report
which describes the fisheries, evaluates
the status of the stock, estimates
biological benchmarks, projects future
population conditions, and recommends
research and monitoring needs. The
assessment is independently peer
reviewed at the Review Workshop. The
product of the Review Workshop is a
Summary documenting Panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office and
Southeast Fisheries Science Center.
DATES:
PO 00000
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Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
SEDAR 22 Assessment Webinar VI
Using datasets recommended from the
Data Workshop, participants will
employ assessment models to evaluate
stock status, estimate population
benchmarks and management criteria,
and project future conditions.
Participants will recommend the most
appropriate methods and configurations
for determining stock status and
estimating population parameters.
Meeting Schedule
September 1, 2010, from 12 noon to
4 p.m. (EDT)
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Council office
(see ADDRESSES) at least 10 business
days prior to the meeting.
Dated: August 13, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–20414 Filed 8–17–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–864]
Pure Magnesium In Granular Form
from the People’s Republic of China:
Initiation of Changed Circumstances
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) has received information
sufficient to warrant initiation of a
changed circumstances review of the
antidumping duty order on pure
magnesium in granular form from the
People’s Republic of China (‘‘PRC’’).
Specifically, based upon a request filed
by China Minmetals Non–ferrous Metals
Co., Ltd. (‘‘CMN’’), the Department is
initiating a changed circumstances
review to determine whether CMN is
the successor–in–interest to Minmetals
Precious &Rare Minerals Import and
Export/China National Nonferrous
AGENCY:
E:\FR\FM\18AUN1.SGM
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Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices
Metals Industry Trading Group Corp.
(‘‘Minmetals/CNNMIT’’), a separate–rate
respondent in the original investigation.
EFFECTIVE DATE: August 18, 2010.
FOR FURTHER INFORMATION CONTACT: Eve
Wang, AD/CVD Operations, Office 8,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 1401 Constitution
Avenue, NW, Washington, DC 20230;
telephone: 202–482–6231.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2001, the
Department published in the Federal
Register an antidumping duty order on
pure magnesium in granular form from
the PRC.1 As part of that order,
Minmetals/CNNMIT received a
separate–rate of 24.67 percent.2 On June
28, 2010, CMN filed a submission with
the Department requesting that it
conduct a changed circumstances
review of the antidumping duty order
on pure magnesium in granular form
from the PRC to determine whether it is
the successor–in-interest to Minmetals/
CNNMIT.3 In its submission, CMN
provided a copy of its Business License
of Enterprise with Legal Person Status
and Notification For Name Change
issued by Minmetals/CNNMIT’s
supplier. In addition, CMN provided a
narrative explanation describing its
operations, production facilities,
management, suppliers, customers,
products and employees. As part of its
June 28, 2010, submission, CMN
requested that the Department conduct
an expedited review.
Scope of the Order
The scope of this order excludes pure
magnesium that is already covered by
an existing order 4 on pure magnesium
in ingot form, and currently classifiable
under item numbers 8104.11.00 and
8104.19.00 of the Harmonized Tariff
Schedule of the United States
(‘‘HTSUS’’).
The scope of this order includes
imports of pure magnesium products,
regardless of chemistry, including,
without limitation, raspings, granules,
sroberts on DSKD5P82C1PROD with NOTICES
1 See
Antidumping Duty Order: Pure Magnesium
in Granular Form From the People’s Republic of
China, 66 FR 57936 (November 19, 2001).
2 Id. at 57937.
3 See Letter from CMN to the Department
regarding Pure Magnesium in Granular Form From
the People’s Public of China Request for Changed
Circumstances Review (June 28, 2010).
4 See Notice of Antidumping Duty Orders: Pure
Magnesium From the People’s Republic of China,
the Russian Federation and Ukraine; Notice of
Amended Final Determination of Sales at Less
Than Fair Value: Antidumping Duty Investigation
of Pure Magnesium From the Russian Federation,
60 FR 25691 (May 12, 1995).
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turnings, chips, powder, and briquettes,
except as noted above.
Pure magnesium includes: (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); (3) chemical combinations
of pure magnesium and other material(s)
in which the pure magnesium content is
50 percent or greater, but less than 99.8
percent, by weight, that do not conform
to an ‘‘ASTM Specification for
Magnesium Alloy’’5 (generally referred
to as ‘‘off–specification pure’’
magnesium); and (4) physical mixtures
of pure magnesium and other material(s)
in which the pure magnesium content is
50 percent or greater, but less than 99.8
percent, by weight. Excluded from this
order are mixtures containing 90
percent or less pure magnesium by
weight and one or more of certain non–
magnesium granular materials to make
magnesium–based reagent mixtures.
The non–magnesium granular materials
of which the Department is aware used
to make such excluded reagents are:
lime, calcium metal, calcium silicon,
calcium carbide, calcium carbonate,
carbon, slag coagulants, fluorspar,
nephaline syenite, feldspar, aluminum,
alumina (Al2O3), calcium aluminate,
soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal,
cryolite, silica/fly ash, magnesium
oxide, periclase, ferroalloys, dolomitic
lime, and colemanite. A party importing
a magnesium–based reagent which
includes one or more materials not on
this list is required to seek a scope
clarification from the Department before
such a mixture may be imported free of
antidumping duties.
The merchandise subject to this order
is currently classifiable under item
8104.30.00 of the HTSUS. Although the
HTSUS subheading is provided for
convenience and customs purposes, our
written description of the scope of this
order is dispositive.
Initiation of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (‘‘Act’’),
the Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from, an interested party for a review of
an antidumping duty order which
5 The meaning of this term is the same as that
used by the American Society for Testing and
Materials in its Annual Book of ASTM Standards:
Volume 01.02 Aluminum and Magnesium Alloys.
PO 00000
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Fmt 4703
Sfmt 4703
51003
shows changed circumstances sufficient
to warrant a review of the order.
In accordance with 19 CFR
351.216(d), the Department has
determined that the information
submitted by CMN constitutes sufficient
evidence to initiate a changed
circumstances review. In an
antidumping duty changed
circumstances review involving a
successor–in–interest determination, the
Department typically examines several
factors including, but not limited to,
changes in: (1) management; (2)
production facilities; (3) supplier
relationships; and (4) customer base.6
Although no single factor will
necessarily provide a dispositive
indication that the requestor is the
successor–in–interest to the predecessor
company, generally, the Department
will consider one company to be a
successor–in–interest to another
company if its resulting operation is
essentially similar to that of its
predecessor.7 Thus, if the record
demonstrates that, with respect to the
production and sale of the subject
merchandise, the new company
operates as the same business entity as
the predecessor company, the
Department may assign the new
company the cash deposit rate of its
predecessor.8
Based on the information provided in
its submission, CMN has provided
sufficient evidence to initiate a review
to determine whether it is the
successor–in–interest to Minmetals/
CNNMIT. Therefore, pursuant to section
751(b)(1) of the Act and 19 CFR
351.216(d), we are initiating a changed
circumstances review. Although CMN
submitted documentation related to its
business scope and some limited
information and documentation
regarding its supplier that the
Department considers in its successor–
in–interest analysis, it did not provide
complete supporting documentation or
conclusive evidence for the four factors
listed above. Accordingly, the
Department has determined that it is not
expediting this action by combining the
6 See Certain Activated Carbon from the People’s
Republic of China: Notice of Initiation of Changed
Circumstances Review, 74 FR 19934 (April 30,
2009).
7 See, e.g., Notice of Initiation of Antidumping
Duty Changed Circumstances Review: Certain
Forged Stainless Steel Flanges from India, 71 FR
327 (January 4, 2006).
8 See Notice of Final Results of Changed
Circumstances Antidumping Duty Administrative
Review: Polychloroprene Rubber from Japan, 67 FR
58 (January 2, 2002); see also Fresh and Chilled
Atlantic Salmon from Norway; Final Results of
Changed Circumstances Antidumping Duty
Administrative Review, 64 FR 9979 (March 1, 1999).
E:\FR\FM\18AUN1.SGM
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51004
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Notices
preliminary results of review with this
notice of initiation.9
The Department will issue
questionnaires requesting additional
information for the review and will
publish in the Federal Register a notice
of the preliminary results of the
antidumping duty changed
circumstances review, in accordance
with 19 CFR 351.221(b)(2) and (4), and
19 CFR 351.221(c)(3)(i). That notice will
set forth the factual and legal
conclusions upon which our
preliminary results are based and a
description of any action proposed.
Pursuant to 19 CFR 351.221(b)(4)(ii),
interested parties will have an
opportunity to comment on the
preliminary results of review. In
accordance with 19 CFR 351.216(e), the
Department will issue the final results
of its antidumping duty changed
circumstances review not later than 270
days after the date on which the review
is initiated.
This notice is published in
accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: August 11, 2010.
Edward C. Yang,
Acting Deputy Assistant Sectary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–20494 Filed 8–17–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–965]
Drill Pipe From the People’s Republic
of China: Preliminary Determination of
Sales at Less Than Fair Value and
Affirmative Determination of Critical
Circumstances, and Postponement of
Final Determination
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: August 18, 2010.
SUMMARY: The Department of Commerce
(‘‘Department’’) preliminarily determines
that drill pipe from the People’s
Republic of China (‘‘PRC’’) is being, or is
likely to be, sold in the United States at
less than fair value (‘‘LTFV’’), as
provided in section 733 of the Tariff Act
of 1930, as amended (‘‘Act’’), for the
period of investigation (‘‘POI’’) April 1,
2009, through September 30, 2009. The
estimated margins of sales at LTFV are
sroberts on DSKD5P82C1PROD with NOTICES
AGENCY:
9 See 19 CFR 351.221(c)(3)(ii); see also Notice of
Initiation of Antidumping Duty Changed
Circumstances Review: Certain Pasta From Turkey,
74 FR 681 (January 7, 2009).
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18:40 Aug 17, 2010
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shown in the ‘‘Preliminary
Determination’’ section of this notice.
Interested parties are invited to
comment on this preliminary
determination.
FOR FURTHER INFORMATION CONTACT: Toni
Dach, Susan Pulongbarit, or Matthew
Renkey, AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–1655,
(202) 482–4031, or (202) 482–2312,
respectively.
SUPPLEMENTARY INFORMATION:
Initiation
On December 31, 2009, the
Department received a petition
concerning imports of drill pipe from
the PRC filed on behalf of VAM Drilling
USA, Inc., Texas Steel Conversion, Inc.,
Rotary Drilling Tools, TMK IPSCO, and
the United Steel, Paper and Forestry,
Rubber, Manufacturing, Energy, Allied
Industrial and Service Workers
International Union, AFL–CIO–CLC
(collectively, ‘‘Petitioners’’). See
‘‘Petitions for the Imposition of
Antidumping and Countervailing
Duties: Drill Pipe from the People’s
Republic of China,’’ dated December 31,
2009 (‘‘Petition’’). The Department
initiated this investigation on January
28, 2010. See Drill Pipe from the
People’s Republic of China: Initiation of
Antidumping Duty Investigation, 75 FR
4531 (January 28, 2010) (‘‘Initiation’’).
On March 2, 2010, the United States
International Trade Commission (‘‘ITC’’)
issued its affirmative preliminary
determination that there is a reasonable
indication that an industry in the
United States is materially injured by
reason of imports from the PRC of drill
pipe and drill collars. See Drill Pipe and
Drill Collars from China: Investigation
Nos. 701–TA–474 and 731–TA–1176
(Preliminary), USITC Publication 4127
(March 2010).
Respondent Selection
In the Initiation, the Department
stated that it intended to select
respondents based on quantity and
value (‘‘Q&V’’) questionnaires. See
Initiation, 75 FR at 4534. On February
22, 2010, the Department requested
Q&V information from 71 companies
with complete addresses that the
Petitioners identified as potential
exporters, or producers, of drill pipe
from the PRC. Additionally, the
Department also posted the Q&V
questionnaire for this investigation on
its Web site at https://ia.ita.doc.gov/iahighlights-and-news.html.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
The Department received timely Q&V
responses from seven exporters/
producers that shipped merchandise
under investigation to the United States
during the POI.
On March 25, 2010, the Department
selected DP-Master Manufacturing Co.,
Ltd. (the ‘‘DP-Master Group’’), Baoshan
Iron & Steel Co., Ltd. (‘‘Baoshan’’), and
Shanxi Yida Special Steel Imp. & Exp.
Co., Ltd. (‘‘Yida’’) as individually
reviewed respondents in this
investigation, because, based on the
Q&V responses received by the
Department, these companies accounted
for the largest volume of drill pipe from
the PRC during the POI. See
Memorandum to James Doyle, Office
Director, Office 9, from Susan
Pulongbarit, International Trade
Analyst, through Scot T. Fullerton,
Program Manager, regarding the
‘‘Investigation of Drill Pipe from the
People’s Republic of China: Respondent
Selection,’’ dated March 25, 2010
(‘‘Respondent Selection Memo’’). The
Department issued Section A of the
antidumping duty questionnaire to the
individually reviewed respondents on
April 1, 2010, and Sections C and D on
April 7, 2010. Between April 22, 2010,
and July 30, 2010, these companies
responded to the Department’s original
and supplemental questionnaires.
Separate Rate Applications
Between March 24, 2010, and April 5,
2010, in addition to those filed by the
DP-Master Group, Baoshan, and Yida,
we also received timely filed separaterate applications (‘‘SRAs’’) from three
companies: Shanxi Fenglei Drilling
Tools Co., Ltd.; Jiangsu Shuguang
Huayang Drilling Tool Co., Ltd.; and
Jiangyin Long-Bright Drill Pipe
Manufacturing Co., Ltd. (collectively,
the ‘‘Separate Rate Respondents’’).
Surrogate Country and Surrogate Value
Comments
On April 20, 2010, the Department
determined that India, the Philippines,
Indonesia, Thailand, Ukraine, and Peru
are countries comparable to the PRC in
terms of economic development. See
April 20, 2010, Letter to All Interested
Parties, regarding ‘‘Antidumping Duty
Investigation of Drill Pipe from the
People’s Republic of China,’’ attaching
the April 14, 2010, Memorandum to
Scot T. Fullerton, Program Manager,
Office 9, AD/CVD Operations, from
Kelly Parkhill, Acting Director, Office
for Policy, regarding ‘‘Request for List of
Surrogate Countries for an Antidumping
Duty Investigation of Drill Pipe from the
People’s Republic of China’’ (‘‘Surrogate
Country List’’).
E:\FR\FM\18AUN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51002-51004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20494]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-864]
Pure Magnesium In Granular Form from the People's Republic of
China: Initiation of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on pure magnesium in granular form
from the People's Republic of China (``PRC''). Specifically, based upon
a request filed by China Minmetals Non-ferrous Metals Co., Ltd.
(``CMN''), the Department is initiating a changed circumstances review
to determine whether CMN is the successor-in-interest to Minmetals
Precious &Rare Minerals Import and Export/China National Nonferrous
[[Page 51003]]
Metals Industry Trading Group Corp. (``Minmetals/CNNMIT''), a separate-
rate respondent in the original investigation.
EFFECTIVE DATE: August 18, 2010.
FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC
20230; telephone: 202-482-6231.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2001, the Department published in the Federal
Register an antidumping duty order on pure magnesium in granular form
from the PRC.\1\ As part of that order, Minmetals/CNNMIT received a
separate-rate of 24.67 percent.\2\ On June 28, 2010, CMN filed a
submission with the Department requesting that it conduct a changed
circumstances review of the antidumping duty order on pure magnesium in
granular form from the PRC to determine whether it is the successor-in-
interest to Minmetals/CNNMIT.\3\ In its submission, CMN provided a copy
of its Business License of Enterprise with Legal Person Status and
Notification For Name Change issued by Minmetals/CNNMIT's supplier. In
addition, CMN provided a narrative explanation describing its
operations, production facilities, management, suppliers, customers,
products and employees. As part of its June 28, 2010, submission, CMN
requested that the Department conduct an expedited review.
---------------------------------------------------------------------------
\1\ See Antidumping Duty Order: Pure Magnesium in Granular Form
From the People's Republic of China, 66 FR 57936 (November 19,
2001).
\2\ Id. at 57937.
\3\ See Letter from CMN to the Department regarding Pure
Magnesium in Granular Form From the People's Public of China Request
for Changed Circumstances Review (June 28, 2010).
---------------------------------------------------------------------------
Scope of the Order
The scope of this order excludes pure magnesium that is already
covered by an existing order \4\ on pure magnesium in ingot form, and
currently classifiable under item numbers 8104.11.00 and 8104.19.00 of
the Harmonized Tariff Schedule of the United States (``HTSUS'').
---------------------------------------------------------------------------
\4\ See Notice of Antidumping Duty Orders: Pure Magnesium From
the People's Republic of China, the Russian Federation and Ukraine;
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Antidumping Duty Investigation of Pure Magnesium From the
Russian Federation, 60 FR 25691 (May 12, 1995).
---------------------------------------------------------------------------
The scope of this order includes imports of pure magnesium
products, regardless of chemistry, including, without limitation,
raspings, granules, turnings, chips, powder, and briquettes, except as
noted above.
Pure magnesium includes: (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); (3) chemical combinations of pure
magnesium and other material(s) in which the pure magnesium content is
50 percent or greater, but less than 99.8 percent, by weight, that do
not conform to an ``ASTM Specification for Magnesium Alloy''\5\
(generally referred to as ``off-specification pure'' magnesium); and
(4) physical mixtures of pure magnesium and other material(s) in which
the pure magnesium content is 50 percent or greater, but less than 99.8
percent, by weight. Excluded from this order are mixtures containing 90
percent or less pure magnesium by weight and one or more of certain
non-magnesium granular materials to make magnesium-based reagent
mixtures. The non-magnesium granular materials of which the Department
is aware used to make such excluded reagents are: lime, calcium metal,
calcium silicon, calcium carbide, calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina
(Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash,
magnesium oxide, periclase, ferroalloys, dolomitic lime, and
colemanite. A party importing a magnesium-based reagent which includes
one or more materials not on this list is required to seek a scope
clarification from the Department before such a mixture may be imported
free of antidumping duties.
---------------------------------------------------------------------------
\5\ The meaning of this term is the same as that used by the
American Society for Testing and Materials in its Annual Book of
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
---------------------------------------------------------------------------
The merchandise subject to this order is currently classifiable
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of this order is dispositive.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``Act''), the Department will conduct a changed circumstances review
upon receipt of information concerning, or a request from, an
interested party for a review of an antidumping duty order which shows
changed circumstances sufficient to warrant a review of the order.
In accordance with 19 CFR 351.216(d), the Department has determined
that the information submitted by CMN constitutes sufficient evidence
to initiate a changed circumstances review. In an antidumping duty
changed circumstances review involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to, changes in: (1) management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\6\ Although no single factor will necessarily provide a
dispositive indication that the requestor is the successor-in-interest
to the predecessor company, generally, the Department will consider one
company to be a successor-in-interest to another company if its
resulting operation is essentially similar to that of its
predecessor.\7\ Thus, if the record demonstrates that, with respect to
the production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company, the
Department may assign the new company the cash deposit rate of its
predecessor.\8\
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\6\ See Certain Activated Carbon from the People's Republic of
China: Notice of Initiation of Changed Circumstances Review, 74 FR
19934 (April 30, 2009).
\7\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\8\ See Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber from
Japan, 67 FR 58 (January 2, 2002); see also Fresh and Chilled
Atlantic Salmon from Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999).
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Based on the information provided in its submission, CMN has
provided sufficient evidence to initiate a review to determine whether
it is the successor-in-interest to Minmetals/CNNMIT. Therefore,
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are
initiating a changed circumstances review. Although CMN submitted
documentation related to its business scope and some limited
information and documentation regarding its supplier that the
Department considers in its successor-in-interest analysis, it did not
provide complete supporting documentation or conclusive evidence for
the four factors listed above. Accordingly, the Department has
determined that it is not expediting this action by combining the
[[Page 51004]]
preliminary results of review with this notice of initiation.\9\
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\9\ See 19 CFR 351.221(c)(3)(ii); see also Notice of Initiation
of Antidumping Duty Changed Circumstances Review: Certain Pasta From
Turkey, 74 FR 681 (January 7, 2009).
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The Department will issue questionnaires requesting additional
information for the review and will publish in the Federal Register a
notice of the preliminary results of the antidumping duty changed
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4),
and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and
legal conclusions upon which our preliminary results are based and a
description of any action proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results of review. In accordance with 19 CFR
351.216(e), the Department will issue the final results of its
antidumping duty changed circumstances review not later than 270 days
after the date on which the review is initiated.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: August 11, 2010.
Edward C. Yang,
Acting Deputy Assistant Sectary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010-20494 Filed 8-17-10; 8:45 am]
BILLING CODE 3510-DS-S
