Magnesium Metal From the People's Republic of China: Rescission of Antidumping Duty Administrative Review, 73045-73047 [2010-29965]

Download as PDF Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES the hearing will be limited to those raised in the respective case briefs. The Department will issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, pursuant to section 751(a)(3)(A) of the Act. Assessment Rates Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries, in accordance with 19 CFR 351.212. The Department intends to issue appropriate appraisement instructions for the company subject to this review directly to CBP 15 days after the date of publication of the final results of this review. Where the respondent reported entered value for its U.S. sales, we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales for that importer. Where the respondent did not report entered value for its U.S. sales, we will calculate importer-specific per-unit duty assessment rates by aggregating the total amount of antidumping duties calculated for the examined sales and dividing this amount by the total quantity of those sales. To determine whether the duty assessment rates are de minimis, in accordance with the requirement set forth in 19 CFR 351.106(c)(2), we will calculate importer-specific ad valorem ratios based on the estimated entered value. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review if any importer-specific assessment rate calculated in the final results of this review is above de minimis (i.e., at or above 0.50 percent). Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the assessment rate is de minimis (i.e., less than 0.50 percent). The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable. The Department clarified its ‘‘automatic assessment’’ regulation on May 6, 2003. See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment Policy Notice). This clarification will VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 apply to entries of subject merchandise during the POR produced by the company included in these final results of review for which the reviewed company did not know that the merchandise it sold to the intermediary (e.g., a reseller, trading company, or exporter) was destined for the United States. In such instances, we will instruct CBP to liquidate unreviewed entries at the all-others rate effective during the POR if there is no rate for the intermediary involved in the transaction. See Assessment Policy Notice for a full discussion of this clarification. Cash Deposit Requirements The following cash deposit requirements will be effective for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, 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 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; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 3.10 percent, the all-others rate made effective by the LTFV investigation. See 1–Hydroxyethylidene–1, 1– Diphosphonic Acid from India: Notice of Final Determination of Sales at Less Than Fair Value, 74 FR 10543 (March 11, 2009). These requirements, when imposed, shall remain in effect until further notice. Notification to Importers This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary’s presumption that PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 73045 reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties. This administrative review and notice are published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.221. Dated: November 19, 2010. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2010–29963 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: November 29, 2010. SUMMARY: On May 28, 2010, the U.S. Department of Commerce (‘‘the Department’’) published a notice of initiation of an administrative review of the antidumping duty order on magnesium metal from the People’s Republic of China (‘‘PRC’’).1 The review covers one manufacturer/exporter of subject merchandise from the PRC, Tianjin Magnesium International Co., Ltd. (‘‘TMI’’). The period of review (‘‘POR’’) is April 1, 2009, through March 31, 2010. Following the receipt of a certification of no shipments from TMI, we notified all interested parties of the Department’s intent to rescind this review and provided an opportunity to comment on the rescission.2 We received no comments. Therefore, we are rescinding this administrative review. FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4243. SUPPLEMENTARY INFORMATION: AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 75 FR 29976 (May 28, 2010) (‘‘Initiation’’). 2 See Memorandum to the File, ‘‘Magnesium Metal from the People’s Republic of China: Intent to Rescind the 2009–2010 Antidumping Duty Administrative Review of Magnesium Metal from the People’s Republic of China—A–570–896,’’ dated November 1, 2010 (‘‘Intent to Rescind Memorandum’’). E:\FR\FM\29NON1.SGM 29NON1 73046 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices Background mstockstill on DSKH9S0YB1PROD with NOTICES On April 1, 2010, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on magnesium metal from the PRC for the period April 1, 2009, through March 31, 2010.3 On April 30, 2010, U.S. Magnesium LLC (‘‘U.S. Magnesium’’), a domestic producer and Petitioner in the underlying investigation of this case, made a timely request that the Department conduct an administrative review of TMI.4 On May 28, 2010, in accordance with section 751(a) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department published in the Federal Register a notice of initiation of this antidumping duty administrative review.5 On June 28, 2010, TMI submitted a letter to the Department certifying that it did not export magnesium metal for consumption in the United States during the POR. On June 30, 2010, the Department placed on the record information obtained in response to the Department’s query to U.S. Customs and Border Protection (‘‘CBP’’) concerning imports into the United States of subject merchandise during the POR. This data indicates that TMI made an entry of merchandise during the POR under the tariff item that includes magnesium metal.6 On July 14, 2010, TMI explained that it correctly classified the merchandise in question using the same Harmonized Tariff System (‘‘HTS’’) category as magnesium metal.7 However, TMI noted that the merchandise in question is covered by the scope of the antidumping duty order on pure magnesium from the PRC.8 Moreover, TMI maintained that it reported, and the Department reviewed and verified, the merchandise at issue during the 2008– 2009 review of pure magnesium from the PRC.9 3 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 16426 (April 1, 2010). 4 See letter from TMI, ‘‘Magnesium Metal from China: Request for Administrative Review,’’ dated April 30, 2010. 5 See Initiation, 75 FR at 29983. 6 See Memorandum to the File, ‘‘Magnesium Metal from the People’s Republic of China; Transmittal of U.S. Customs and Border Protection Information to the File,’’ dated June 30, 2010, at Attachment I; see also letter from TMI, ‘‘Magnesium Metal from the People’s Republic of China; A–570– 896; Supplemental Information of No Sales by Tianjin Magnesium International Co., Ltd,’’ dated July 14, 2010 (‘‘TMI’s Supplemental No Shipments Letter’’), at 1. 7 Id. at 3. 8 Id. 9 Id. at 4. VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 On October 19, 2010, the Department placed on the record of this review, copies of the entry documents received from CBP.10 These documents indicate that the merchandise at issue does not consist of subject merchandise.11 Rather, this merchandise is included in the scope of the order or pure magnesium, which states in relevant part:12 (3) Products that contain 50% or greater, but less than 99.8% primary magnesium, by weight, and that do not conform to ASTM specifications for alloy magnesium (generally referred to as ‘‘off-specification pure’’ magnesium). ‘‘Off-specification pure’’ magnesium is pure primary magnesium containing magnesium scrap, secondary magnesium, oxidized magnesium or impurities (whether or not intentionally added) that cause the primary magnesium content to fall below 99.8% by weight. It generally does not contain, individually or in combination, 1.5% or more, by weight, of the following alloying elements: aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths. On November 1, 2010, the Department notified interested parties of its intent to rescind this administrative review and gave parties until November 8, 2010, to provide comments. We did not receive any comments. Scope of the Order The product covered by this antidumping duty order is magnesium metal, which includes primary and secondary 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 this order includes blends of primary and secondary magnesium. The subject merchandise includes the following 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, 10 See Memorandum to the File, ‘‘Magnesium Metal from the People’s Republic of China: Release of U.S. Entry Documents from the Department’s August 17, 2010 Request—A–570–896,’’ (‘‘Release of Entry Documents’’) dated October 19, 2010. 11 See Release of Entry Documents at Attachment I. 12 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). PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 chipped, crushed, or machined into raspings, granules, turnings, chips, powder, briquettes, and other shapes: Products that contain 50 percent or greater, but less than 99.8 percent, magnesium, by weight, and that have been entered into the United States as conforming to an ‘‘ASTM Specification for Magnesium Alloy’’ 13 and thus are outside the scope of the existing antidumping orders on magnesium from the PRC (generally referred to as ‘‘alloy’’ magnesium). The scope of this order excludes: (1) All forms of pure magnesium, including chemical combinations of magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’ 14; (2) magnesium that is in liquid or molten form; and (3) 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.15 The merchandise subject to this order is classifiable under items 8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the United States 13 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. 14 This material is already covered by existing antidumping orders. 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); and Antidumping Duty Order: Pure Magnesium in Granular Form from the People’s Republic of China, 66 FR 57936 (Nov. 19, 2001). 15 This third 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 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); Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 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\29NON1.SGM 29NON1 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices (‘‘HTSUS’’). Although the HTSUS items are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Rescission of the Administrative Review Based upon the certifications and the evidence on the record, the Department finds TMI’s claim of no shipments of subject merchandise to the United States during the POR to be substantiated. Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, in whole or with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. Therefore, the Department is rescinding this review in accordance with 19 CFR 351.213(d)(3). The Department intends to instruct CBP fifteen days after the publication of this notice to liquidate such entries. Antidumping duties shall be assessed at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(2). We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4). Dated: November 19, 2010. Susan H. Kuhbach, Acting Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2010–29965 Filed 11–26–10; 8:45 am] BILLING CODE 3510–DS–P CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC 2010–0112] Agency Information Collection Activities; Proposed Collection; Comment Request; Prize Competitions and Contests Consumer Product Safety Commission. ACTION: Notice. AGENCY: The Consumer Product Safety Commission (‘‘CPSC’’ or ‘‘Commission’’) is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act of 1995 (‘‘the PRA’’), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and mstockstill on DSKH9S0YB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 17:57 Nov 26, 2010 Jkt 223001 to allow 60 days for public comment in response to the notice. This notice solicits comments on the proposed collection of information for CPSCsponsored prize competitions or contests. Submit written or electronic comments on the collection of information by January 28, 2011. ADDRESSES: You may submit comments, identified by Docket No. [CPSC 2010– 0112], by any of the following methods: DATES: Electronic Submissions Submit electronic comments in the following way: Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. To ensure timely processing of comments, the Commission is no longer accepting comments submitted by electronic mail (e-mail), except through http://www.regulations.gov. Written Submissions Submit written submissions in the following way: Mail/Hand delivery/Courier (for paper, disk, or CD–ROM submissions), preferably in five copies, to: Office of the Secretary, Consumer Product Safety Commission, Room 502, 4330 East West Highway, Bethesda, MD 20814; telephone (301) 504–7923. Instructions: All submissions received must include the agency name and docket number for this notice. All comments received may be posted without change, including any personal identifiers, contact information, or other personal information provided, to http://www.regulations.gov. Do not submit confidential business information, trade secret information, or other sensitive or protected information electronically. Such information should be submitted in writing. Docket: For access to the docket to read background documents or comments received, go to http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Linda Glatz, Division of Policy and Planning, Office of Information Technology, Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, 301–504–7671, lglatz@cpsc.gov. Under the PRA (44 U.S.C. 3501–3520), Federal agencies must obtain approval from the Office of Management and Budget (‘‘OMB’’) for each collection of information they conduct or sponsor. ‘‘Collection of information’’ is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c), SUPPLEMENTARY INFORMATION: PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 73047 and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information before submitting the collection to the OMB for approval. To comply with this requirement, the CPSC is publishing notice of the proposed collection of information set forth in this document. With respect to the following collection of information, the CPSC invites comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of the CPSC’s functions, including whether the information will have practical utility; (2) the accuracy of the CPSC’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology. Consistent with the OMB Memorandum on the Use of Challenges and Prizes to Promote Open Government (M–10–11, March 8, 2010), the CPSC intends to establish contests and give awards to members of the public to further the mission of the CPSC. The purposes of the proposed contests and awards range from increasing the knowledge and awareness of schoolchildren of certain safety hazards, such as carbon monoxide poisoning, to recognizing outstanding consumer product safety accomplishments of scientists, business leaders, entrepreneurs, and others who have demonstrated support of the CPSC’s product safety mission. The CPSC awards and contests will highlight excellence in consumer product safety to motivate, inspire, and guide others, including companies across the supply chain; to increase the number and diversity of the individuals, organizations, and teams that are addressing consumer product safety issues; to educate children and consumers about safety hazards; and to attract more public interest and attention to the issues involving consumer product hazards and safety. The CPSC is seeking OMB approval for a generic clearance for CPSC’s contests and awards. The information to be collected from contestants and award E:\FR\FM\29NON1.SGM 29NON1

Agencies

[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Notices]
[Pages 73045-73047]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29965]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Rescission 
of Antidumping Duty Administrative Review

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


DATES: November 29, 2010.
SUMMARY: On May 28, 2010, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of an administrative 
review of the antidumping duty order on magnesium metal from the 
People's Republic of China (``PRC'').\1\ The review covers one 
manufacturer/exporter of subject merchandise from the PRC, Tianjin 
Magnesium International Co., Ltd. (``TMI''). The period of review 
(``POR'') is April 1, 2009, through March 31, 2010. Following the 
receipt of a certification of no shipments from TMI, we notified all 
interested parties of the Department's intent to rescind this review 
and provided an opportunity to comment on the rescission.\2\ We 
received no comments. Therefore, we are rescinding this administrative 
review.
---------------------------------------------------------------------------

    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews, 75 FR 29976 (May 28, 2010) (``Initiation'').
    \2\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: Intent to Rescind the 2009-2010 
Antidumping Duty Administrative Review of Magnesium Metal from the 
People's Republic of China--A-570-896,'' dated November 1, 2010 
(``Intent to Rescind Memorandum'').

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
---------------------------------------------------------------------------
Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION:

[[Page 73046]]

Background

    On April 1, 2010, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
magnesium metal from the PRC for the period April 1, 2009, through 
March 31, 2010.\3\ On April 30, 2010, U.S. Magnesium LLC (``U.S. 
Magnesium''), a domestic producer and Petitioner in the underlying 
investigation of this case, made a timely request that the Department 
conduct an administrative review of TMI.\4\ On May 28, 2010, in 
accordance with section 751(a) of the Tariff Act of 1930, as amended 
(``the Act''), the Department published in the Federal Register a 
notice of initiation of this antidumping duty administrative review.\5\ 
On June 28, 2010, TMI submitted a letter to the Department certifying 
that it did not export magnesium metal for consumption in the United 
States during the POR.
---------------------------------------------------------------------------

    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 16426 (April 1, 2010).
    \4\ See letter from TMI, ``Magnesium Metal from China: Request 
for Administrative Review,'' dated April 30, 2010.
    \5\ See Initiation, 75 FR at 29983.
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    On June 30, 2010, the Department placed on the record information 
obtained in response to the Department's query to U.S. Customs and 
Border Protection (``CBP'') concerning imports into the United States 
of subject merchandise during the POR. This data indicates that TMI 
made an entry of merchandise during the POR under the tariff item that 
includes magnesium metal.\6\
---------------------------------------------------------------------------

    \6\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China; Transmittal of U.S. Customs and Border 
Protection Information to the File,'' dated June 30, 2010, at 
Attachment I; see also letter from TMI, ``Magnesium Metal from the 
People's Republic of China; A-570-896; Supplemental Information of 
No Sales by Tianjin Magnesium International Co., Ltd,'' dated July 
14, 2010 (``TMI's Supplemental No Shipments Letter''), at 1.
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    On July 14, 2010, TMI explained that it correctly classified the 
merchandise in question using the same Harmonized Tariff System 
(``HTS'') category as magnesium metal.\7\ However, TMI noted that the 
merchandise in question is covered by the scope of the antidumping duty 
order on pure magnesium from the PRC.\8\ Moreover, TMI maintained that 
it reported, and the Department reviewed and verified, the merchandise 
at issue during the 2008-2009 review of pure magnesium from the PRC.\9\
---------------------------------------------------------------------------

    \7\ Id. at 3.
    \8\ Id.
    \9\ Id. at 4.
---------------------------------------------------------------------------

    On October 19, 2010, the Department placed on the record of this 
review, copies of the entry documents received from CBP.\10\ These 
documents indicate that the merchandise at issue does not consist of 
subject merchandise.\11\ Rather, this merchandise is included in the 
scope of the order or pure magnesium, which states in relevant 
part:\12\

    \10\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: Release of U.S. Entry Documents from the 
Department's August 17, 2010 Request--A-570-896,'' (``Release of 
Entry Documents'') dated October 19, 2010.
    \11\ See Release of Entry Documents at Attachment I.
    \12\ 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).
---------------------------------------------------------------------------

    (3) Products that contain 50% or greater, but less than 99.8% 
primary magnesium, by weight, and that do not conform to ASTM 
specifications for alloy magnesium (generally referred to as ``off-
specification pure'' magnesium).
    ``Off-specification pure'' magnesium is pure primary magnesium 
containing magnesium scrap, secondary magnesium, oxidized magnesium 
or impurities (whether or not intentionally added) that cause the 
primary magnesium content to fall below 99.8% by weight. It 
generally does not contain, individually or in combination, 1.5% or 
more, by weight, of the following alloying elements: aluminum, 
manganese, zinc, silicon, thorium, zirconium and rare earths.
    On November 1, 2010, the Department notified interested parties of 
its intent to rescind this administrative review and gave parties until 
November 8, 2010, to provide comments. We did not receive any comments.

Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal, which includes primary and secondary 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 this order includes blends of primary and secondary 
magnesium.
    The subject merchandise includes the following 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: Products that contain 50 percent or greater, but less than 99.8 
percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \13\ and thus are outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \13\ 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 scope of this order excludes: (1) All forms of pure magnesium, 
including chemical combinations of magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
99.8 percent, by weight, that do not conform to an ``ASTM Specification 
for Magnesium Alloy'' \14\; (2) magnesium that is in liquid or molten 
form; and (3) 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.\15\
---------------------------------------------------------------------------

    \14\ This material is already covered by existing antidumping 
orders. 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); and Antidumping Duty 
Order: Pure Magnesium in Granular Form from the People's Republic of 
China, 66 FR 57936 (Nov. 19, 2001).
    \15\ This third 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 
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); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
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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    The merchandise subject to this order is classifiable under items 
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the 
United States

[[Page 73047]]

(``HTSUS''). Although the HTSUS items are provided for convenience and 
customs purposes, the written description of the merchandise is 
dispositive.

Rescission of the Administrative Review

    Based upon the certifications and the evidence on the record, the 
Department finds TMI's claim of no shipments of subject merchandise to 
the United States during the POR to be substantiated. Pursuant to 19 
CFR 351.213(d)(3), the Department may rescind an administrative review, 
in whole or with respect to a particular exporter or producer, if the 
Secretary concludes that, during the period covered by the review, 
there were no entries, exports, or sales of the subject merchandise. 
Therefore, the Department is rescinding this review in accordance with 
19 CFR 351.213(d)(3). The Department intends to instruct CBP fifteen 
days after the publication of this notice to liquidate such entries. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(2).
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: November 19, 2010.
Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. 2010-29965 Filed 11-26-10; 8:45 am]
BILLING CODE 3510-DS-P