Magnesium Metal From the People's Republic of China: Rescission of Antidumping Duty Administrative Review, 73045-73047 [2010-29965]
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
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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
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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
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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’’).
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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices
Background
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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.
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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).
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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.
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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
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SUMMARY:
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17:57 Nov 26, 2010
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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: https://
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
https://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
https://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 https://
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:
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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
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]]>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]
-----------------------------------------------------------------------
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).
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\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.
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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\
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\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
