Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 56989-56991 [2010-23354]
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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
Federation: Preliminary Results of
Antidumping Duty Administrative
Review, 75 FR 26922 (May 13, 2010)
(Preliminary Results).
We invited interested parties to
comment on the Preliminary Results. At
the request of certain parties, we held a
public hearing, with a closed session, on
July 28, 2010. The Department has
conducted this administrative review in
accordance with section 751 of the
Tariff Act of 1930, as amended (the Act).
the publication of the preliminary
results.
We are issuing and publishing this
notice in accordance with sections
751(a)(3)(A) and 777(i) of the Act.
Dated: September 10, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–23346 Filed 9–16–10; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–821–819]
Magnesium Metal From the Russian
Federation: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
On May 13, 2010, 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,
2008, through March 31, 2009.
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: September 17,
2010.
SUMMARY:
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:
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
FOR FURTHER INFORMATION:
Background
On May 13, 2010, 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
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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
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
56989
metals/mischmetal, cryolite, silica/fly
ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and
colemanite.1
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.
SMW
As we stated in the Preliminary
Results regarding no-shipment
rescissions, our practice since
implementation of the 1997 regulations
concerning no-shipment respondents
has been to rescind the administrative
review if the respondent certifies that it
had no shipments and we have
confirmed through our examination of
data from U.S. Customs and Border
Protection (CBP) that there were no
shipments of subject merchandise
during the POR. See Antidumping
Duties; Countervailing Duties, 62 FR
27296, 27393 (May 19, 1997), and Oil
Country Tubular Goods from Japan:
Preliminary Results of Antidumping
Duty Administrative Review and Partial
Rescission of Review, 70 FR 53161,
53162 (September 7, 2005), unchanged
in Oil Country Tubular Goods from
Japan: Final Results and Partial
Rescission of Antidumping Duty
Administrative Review, 71 FR 95
(January 3, 2006). As a result, in such
circumstances, we normally instructed
CBP to liquidate any entries from the
no-shipment company at the deposit
rate in effect on the date of entry.
In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding. See Antidumping and
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 the People’s Republic of China,
Israel, and the Russian Federation. 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.
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56990
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of
Antidumping Duties).
Based on SMW’s assertion of no
shipments and confirmation of that
claim by examination of CBP data, we
continue to determine that SMW had no
sales to the United States during the
POR. See Preliminary Results, 75 FR at
26923.
As we stated in the Preliminary
Results, because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 2003
clarification was intended to address,
we find it appropriate in this case to
instruct CBP to liquidate any existing
entries of merchandise produced by
SMW and exported by other parties at
the all-others rate. In addition, we
continue to find that it is more
consistent with the May 2003
clarification not to rescind the review in
part in these circumstances but, rather,
to complete the review with respect to
SMW and issue appropriate instructions
to CBP based on the final results of the
review. See the ‘‘Assessment Rates’’
section of this notice below.
We did not receive any comments
from interested parties on our change in
practice with regard to no-shipment
rescissions.
Verification
As provided in section 782(i) of the
Act, we verified the information
submitted by AVISMA with regard to its
sales in the United States and in the
home market.
We used standard verification
procedures including examination of
relevant accounting and production
records and original source documents
provided by AVISMA. See U.S. Sales
Verification Report entitled
‘‘Verification of the Sales Response of
PSC VSMPO–AVISMA Corporation in
the Antidumping Review of Magnesium
Metal from the Russian Federation’’
dated May 7, 2010, and ComparisonMarket Verification Report entitled
‘‘Verification of the Sales Response of
the PSC VSMPO–AVISMA Corporation
in the Antidumping Duty Review of
Magnesium Metal from the Russian
Federation’’ dated June 21, 2010.
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 Susan
H. Kuhbach, Acting Deputy Assistant
Secretary, to Paul Piquado, Acting
Deputy Assistant Secretary for Import
Administration, dated September 10,
2010 (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 https://ia.ita.doc.gov/frn/
index.html. The paper copy and
electronic version of the Decision Memo
are identical in content.
Final Results of the Review
As a result of our review, we
determine that the following weightedaverage dumping margins on
magnesium metal from the Russian
Federation exist for the period April 1,
2008, through March 31, 2009:
Margin
(percent)
Manufacturer/exporter
PSC VSMPO–AVISMA Corporation ..........................................................................................................................................................
Solikamsk Magnesium Works ...................................................................................................................................................................
0.00
*
* No shipments or sales subject to this review. The firm has an individual rate from the last segment of the proceeding in which the firm had
shipments or sales.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Assessment Rates
We will instruct CBP to apply a
dumping margin of zero percent to all
entries of subject merchandise during
the POR that were produced and
exported by AVISMA and imported by
AVISMA’s U.S. affiliate.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Assessment of
Antidumping Duties. This clarification
will apply to entries of subject
merchandise during the POR produced
by AVISMA or SMW for which
AVISMA or SMW did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries of merchandise produced by
AVISMA or SMW at the all-others rate
if there is no rate for the intermediate
company(ies) involved in the
transaction. For a full discussion of this
clarification, see Assessment of
Antidumping Duties.
We intend to issue liquidation
instructions to CBP 15 days after the
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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 cashdeposit rate for AVISMA will be zero
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
PO 00000
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Fmt 4703
Sfmt 4703
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
E:\FR\FM\17SEN1.SGM
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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
notification of 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: September 10, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import
Administration.
Appendix
1. Bill-and-Hold U.S. Sales
2. Constructed Export-Price Offset
3. Affiliation
4. Chlorine Gas Co-Product
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XZ12
Fisheries of the South Atlantic and
Gulf of Mexico; Southeast Data,
Assessment, and Review (SEDAR);
assessment webinar 7 for SEDAR 22
yellowedge grouper and tilefish; Public
Meeting
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 7.
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.
DATES: The fifth SEDAR 22 Assessment
Process webinar will be held on
Monday, October 4, 2010 from 12 p.m.
to approximately 3 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
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
VerDate Mar<15>2010
14:46 Sep 16, 2010
Jkt 220001
Julie
A Neer, SEDAR Coordinator, 4055 Faber
Place, Suite 201, North Charleston, SC
29405; telephone: (843) 571–4366; email: Julie.neer@safmc.net
FOR FURTHER INFORMATION CONTACT:
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.
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.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2010–23354 Filed 9–16–10; 8:45 am]
SUMMARY:
members of the public. Those interested
in participating should contact Julie
Neer at SEDAR (See FOR FURTHER
INFORMATION CONTACT) 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, FL 33607.
Those interested in participating via the
listening station should contact Julie A.
Neer at SEDAR (See FOR FURTHER
INFORMATON CONTACT) at least 1 day
prior to the webinar.
PO 00000
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Fmt 4703
Sfmt 4703
56991
SEDAR 22 Assessment webinar VII:
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.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during this meeting. Actions will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
Section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is 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: September 14, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–23290 Filed 9–16–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1705]
Grant of Authority for Subzone Status
Michelin North America, Inc. (Tire
Distribution and Wheel Assembly)
Baltimore, MD
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Foreign-Trade Zones Act
provides for ‘‘* * * the
establishment* * * of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified
corporations the privilege of
establishing foreign-trade zones in or
E:\FR\FM\17SEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56989-56991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23354]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-819]
Magnesium Metal From the Russian Federation: Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 13, 2010, 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, 2008, through March 31, 2009.
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: September 17, 2010.
FOR FURTHER INFORMATION: 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 May 13, 2010, 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, 75 FR 26922 (May 13, 2010)
(Preliminary Results).
We invited interested parties to comment on the Preliminary
Results. At the request of certain parties, we held a public hearing,
with a closed session, on July 28, 2010. 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 the People's Republic of China,
Israel, and the Russian Federation. 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.
SMW
As we stated in the Preliminary Results regarding no-shipment
rescissions, our practice since implementation of the 1997 regulations
concerning no-shipment respondents has been to rescind the
administrative review if the respondent certifies that it had no
shipments and we have confirmed through our examination of data from
U.S. Customs and Border Protection (CBP) that there were no shipments
of subject merchandise during the POR. See Antidumping Duties;
Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and Oil
Country Tubular Goods from Japan: Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission of Review, 70 FR
53161, 53162 (September 7, 2005), unchanged in Oil Country Tubular
Goods from Japan: Final Results and Partial Rescission of Antidumping
Duty Administrative Review, 71 FR 95 (January 3, 2006). As a result, in
such circumstances, we normally instructed CBP to liquidate any entries
from the no-shipment company at the deposit rate in effect on the date
of entry.
In our May 6, 2003, ``automatic assessment'' clarification, we
explained that, where respondents in an administrative review
demonstrate that they had no knowledge of sales through resellers to
the United States, we would instruct CBP to liquidate such entries at
the all-others rate applicable to the proceeding. See Antidumping and
[[Page 56990]]
Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment of Antidumping Duties).
Based on SMW's assertion of no shipments and confirmation of that
claim by examination of CBP data, we continue to determine that SMW had
no sales to the United States during the POR. See Preliminary Results,
75 FR at 26923.
As we stated in the Preliminary Results, because ``as entered''
liquidation instructions do not alleviate the concerns which the May
2003 clarification was intended to address, we find it appropriate in
this case to instruct CBP to liquidate any existing entries of
merchandise produced by SMW and exported by other parties at the all-
others rate. In addition, we continue to find that it is more
consistent with the May 2003 clarification not to rescind the review in
part in these circumstances but, rather, to complete the review with
respect to SMW and issue appropriate instructions to CBP based on the
final results of the review. See the ``Assessment Rates'' section of
this notice below.
We did not receive any comments from interested parties on our
change in practice with regard to no-shipment rescissions.
Verification
As provided in section 782(i) of the Act, we verified the
information submitted by AVISMA with regard to its sales in the United
States and in the home market.
We used standard verification procedures including examination of
relevant accounting and production records and original source
documents provided by AVISMA. See U.S. Sales Verification Report
entitled ``Verification of the Sales Response of PSC VSMPO-AVISMA
Corporation in the Antidumping Review of Magnesium Metal from the
Russian Federation'' dated May 7, 2010, and Comparison-Market
Verification Report entitled ``Verification of the Sales Response of
the PSC VSMPO-AVISMA Corporation in the Antidumping Duty Review of
Magnesium Metal from the Russian Federation'' dated June 21, 2010.
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 Susan H. Kuhbach, Acting Deputy Assistant Secretary,
to Paul Piquado, Acting Deputy Assistant Secretary for Import
Administration, dated September 10, 2010 (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 https://ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision Memo are identical in content.
Final Results of the Review
As a result of our review, we determine that the following
weighted-average dumping margins on magnesium metal from the Russian
Federation exist for the period April 1, 2008, through March 31, 2009:
------------------------------------------------------------------------
Margin
Manufacturer/exporter (percent)
------------------------------------------------------------------------
PSC VSMPO-AVISMA Corporation................................ 0.00
Solikamsk Magnesium Works................................... *
------------------------------------------------------------------------
* No shipments or sales subject to this review. The firm has an
individual rate from the last segment of the proceeding in which the
firm had shipments or sales.
Assessment Rates
We will instruct CBP to apply a dumping margin of zero percent to
all entries of subject merchandise during the POR that were produced
and exported by AVISMA and imported by AVISMA's U.S. affiliate.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Assessment of Antidumping Duties. This clarification
will apply to entries of subject merchandise during the POR produced by
AVISMA or SMW for which AVISMA or SMW did not know their merchandise
was destined for the United States. In such instances, we will instruct
CBP to liquidate unreviewed entries of merchandise produced by AVISMA
or SMW at the all-others rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Assessment of Antidumping Duties.
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 zero 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
[[Page 56991]]
responsibility concerning the disposition of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely
notification of 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: September 10, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
Appendix
1. Bill-and-Hold U.S. Sales
2. Constructed Export-Price Offset
3. Affiliation
4. Chlorine Gas Co-Product
[FR Doc. 2010-23354 Filed 9-16-10; 8:45 am]
BILLING CODE 3510-DS-P
