Magnesium Metal From the People's Republic of China: Continuation of Antidumping Duty Order, 13356-13357 [2011-5699]

Download as PDF 13356 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices the Department’s Second Remand on March 1, 2011. See PSC VSMPO– Avisma Corp. v. United States, Consol. Court No 08–00321, Slip Op. 11–22 (March 1, 2011) (AVISMA III); see also Second Remand. Dated: March 7, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. 2011–5691 Filed 3–10–11; 8:45 am] BILLING CODE 3510–DS–P Timken Notice Consistent with the decision of the United States Court of Appeals for the Federal Circuit (CAFC) in Timken Co. v. United States, 893 F.2d 337 (CAFC 1990) (Timken), as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (CAFC 2010), pursuant to section 516A(c) of the Act, the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s judgment in AVISMA III on March 1, 2011, sustaining the Department’s Second Remand with respect to VSMPO–AVISMA constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. srobinson on DSKHWCL6B1PROD with NOTICES Amended Final Results Because there is now a final court decision with respect to VSMPO– AVISMA, the weighted-average dumping margin for the period April 1, 2006, through March 31, 2007, for magnesium metal from the Russian Federation is 8.51 percent for VSMPO– AVISMA. The cash-deposit rate will remain the company-specific rate established for the subsequent and most recent period for which the Department reviewed VSMPO–AVISMA. See Magnesium Metal From the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010). In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise exported during the POR by VSMPO–AVISMA using the revised assessment rates calculated by the Department in the Second Remand. This notice is issued and published in accordance with sections 516A(e)(1), 751(a)(1), and 777(i)(1) of the Act. VerDate Mar<15>2010 17:08 Mar 10, 2011 Jkt 223001 DEPARTMENT OF COMMERCE International Trade Administration [A–570–896] Magnesium Metal From the People’s Republic of China: Continuation of Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: As a result of the determinations by the Department of Commerce (‘‘Department’’) and the International Trade Commission (‘‘ITC’’) that revocation of the antidumping duty order on magnesium metal from the People’s Republic of China (‘‘PRC’’) would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, the Department is publishing a notice of continuation of the antidumping duty order. DATES: Effective Date: March 11, 2011. FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482–4474. SUPPLEMENTARY INFORMATION: AGENCY: Background On March 1, 2010, the Department initiated sunset reviews of the antidumping duty order on magnesium metal from the PRC, pursuant to section 751(c) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Initiation of Five-Year (‘‘Sunset’’) Review, 75 FR 9160 (March 1, 2010). As a result of its review, the Department determined that revocation of the antidumping duty order on magnesium metal from the PRC would likely lead to a continuation or recurrence of dumping and, therefore, notified the ITC of the magnitude of the margins likely to prevail should the order be revoked. See Magnesium Metal From the People’s Republic of China and the Russian Federation: Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders, 75 FR 38983 (July 7, 2010). On February 24, 2011, the ITC notified the Department of its PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 determination, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on magnesium metal from the PRC would likely lead to a continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See USITC Publication 4214 (February 2011), Magnesium From China and Russia: Investigation Nos. 731–TA–10701–1072 (Review). Scope of the Order The merchandise covered by the 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 the 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, 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’’ 1 and thus are outside the scope of the existing antidumping order on magnesium from the PRC (generally referred to as ‘‘alloy’’ magnesium). The scope of the order excludes the following merchandise: (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 than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy;’’ 2 (2) magnesium that is in liquid 1 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. 2 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 E:\FR\FM\11MRN1.SGM 11MRN1 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 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.3 The merchandise subject to the order is currently classifiable under items 8104.19.00 and 8104.30.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). Although the HTSUS items are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive. srobinson on DSKHWCL6B1PROD with NOTICES Continuation of the Order As a result of the determinations by the Department and the ITC that revocation of the antidumping duty order would likely lead to a continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping order on magnesium metal from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty cash deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of the continuation of the order will be the date of publication in the Federal Register of this notice of continuation. Pursuant to section 751(c)(2) of the Act, the Department intends to initiate the next five-year review of the order not later than 30 days prior to the fifth anniversary of the effective date of continuation. Antidumping Duty Order: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 57936 (November 19, 2001). 3 This third exclusion for magnesium-based reagent mixtures is based on the exclusion for reagent mixtures in the 2000–2001 investigations of magnesium from the PRC, Israel, and Russia. See Notice of Final Determination of Sales at Less Than Fair Value: Pure Magnesium in Granular Form From the People’s Republic of China, 66 FR 49345 (September 27, 2001); Notice of Final Determination of Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 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. VerDate Mar<15>2010 17:08 Mar 10, 2011 Jkt 223001 This five-year (sunset) review and this notice are in accordance with section 751(c) of the Act and published pursuant to section 777(i)(1) of the Act. Dated: February 25, 2011. Paul Piquado, Acting Deputy Assistant Secretary for Import Administration. 13357 the Department in its final results of this review. See Stainless Steel Sheet and Strip in Coils from Mexico; Final Results of Antidumping Duty Administrative Review, 76 FR 2332 (January 13, 2011). This notice is published in accordance with section 777(i) of the Tariff Act of 1930, as amended. BILLING CODE 3510–DS–P Dated: March 7, 2011. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. DEPARTMENT OF COMMERCE [FR Doc. 2011–5682 Filed 3–10–11; 8:45 am] [FR Doc. 2011–5699 Filed 3–10–11; 8:45 am] BILLING CODE 3510–DS–P International Trade Administration [A–201–822] DEPARTMENT OF COMMERCE. Stainless Steel Sheet and Strip in Coils From Mexico; Correction Notice to Amended Final Results of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: Effective Date: March 11, 2011. FOR FURTHER INFORMATION CONTACT: Patrick Edwards, Brian Davis, or Angelica Mendoza, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–8029, (202) 482– 7924, and (202) 482–3019, respectively. AGENCY: Correction On February 18, 2011, the Department published a notice of amended final results of administrative review for stainless steel sheet and strip in coils from Mexico. See Stainless Steel Sheet and Strip in Coils from Mexico; Notice of Amended Final Results of Antidumping Duty Administrative Review, 76 FR 9542 (February 18, 2011) (Amended Final Results). The Amended Final Results states incorrectly that cash deposit requirements, ‘‘continue to be effective on any entries made on or after February 14, 2011, the date of publication of these amended final results.’’ In addition, the Amended Final Results incorrectly refer to a 21.14 percent final results weighted-average margin calculated for ThyssenKrupp Mexinox S.A. de C.V. (Mexinox). The Amended Final Results are hereby corrected to read that cash deposit requirements, ‘‘continue to be effective on any entries made on or after the date of publication of these amended final results.’’ The Amended Final Results are also hereby corrected to refer to Mexinox’s weighted-average margin of 21.16 percent determined by PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 International Trade Administration [A–570–970] Multilayered Wood Flooring from the People’s Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation Import Administration, International Trade Administration, Department of Commerce DATES: Effective Date: March 11, 2011. FOR FURTHER INFORMATION CONTACT: John Hollwitz or Charles Riggle, 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) 482–2336 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Postponement of Preliminary Determination On November 10, 2010, the Department of Commerce (‘‘the Department’’) initiated an antidumping duty investigation on multilayered wood flooring from the People’s Republic of China.1 The notice of initiation stated that, unless postponed, the Department would issue its preliminary determination no later than 140 days after the date of issuance of the initiation, in accordance with section 733(b)(1)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’). The preliminary determination is currently due no later than March 30, 2011. On March 3, 2011, the Coalition for American Hardwood Parity (‘‘Petitioners’’), made a timely request, pursuant to 19 CFR 351.205(b)(2) and (e), for a postponement of the 1 See Multilayered Wood Flooring from the People’s Republic of China: Initiation of Antidumping Duty Investigation, 75 FR 70714 (November 18, 2010). E:\FR\FM\11MRN1.SGM 11MRN1

Agencies

[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13356-13357]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5699]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Continuation 
of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``ITC'') that revocation of the antidumping duty order on magnesium 
metal from the People's Republic of China (``PRC'') would likely lead 
to a continuation or recurrence of dumping and material injury to an 
industry in the United States, the Department is publishing a notice of 
continuation of the antidumping duty order.

DATES:  Effective Date: March 11, 2011.

FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482-4474.

SUPPLEMENTARY INFORMATION: 

Background

    On March 1, 2010, the Department initiated sunset reviews of the 
antidumping duty order on magnesium metal from the PRC, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-Year (``Sunset'') Review, 75 FR 9160 (March 1, 
2010).
    As a result of its review, the Department determined that 
revocation of the antidumping duty order on magnesium metal from the 
PRC would likely lead to a continuation or recurrence of dumping and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked. See Magnesium Metal From the 
People's Republic of China and the Russian Federation: Final Results of 
the Expedited Sunset Reviews of the Antidumping Duty Orders, 75 FR 
38983 (July 7, 2010).
    On February 24, 2011, the ITC notified the Department of its 
determination, pursuant to section 751(c) of the Act, that revocation 
of the antidumping duty order on magnesium metal from the PRC would 
likely lead to a continuation or recurrence of material injury to an 
industry in the United States within a reasonably foreseeable time. See 
USITC Publication 4214 (February 2011), Magnesium From China and 
Russia: Investigation Nos. 731-TA-10701-1072 (Review).

Scope of the Order

    The merchandise covered by the 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 
the 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, 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'' \1\ and thus are outside the scope of the existing antidumping 
order on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
---------------------------------------------------------------------------

    \1\ 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 the order excludes the following merchandise: (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 than 99.8 percent, by weight, that do not conform 
to an ``ASTM Specification for Magnesium Alloy;'' \2\ (2) magnesium 
that is in liquid

[[Page 13357]]

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.\3\
---------------------------------------------------------------------------

    \2\ 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 (November 19, 2001).
    \3\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from the PRC, Israel, and Russia. See 
Notice of Final Determination of Sales at Less Than Fair Value: Pure 
Magnesium in Granular Form From the People's Republic of China, 66 
FR 49345 (September 27, 2001); Notice of Final Determination of 
Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR 
49349 (September 27, 2001); 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 8104.19.00 and 8104.30.00 of the Harmonized Tariff Schedule 
of the United States (``HTSUS''). Although the HTSUS items are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.

Continuation of the Order

    As a result of the determinations by the Department and the ITC 
that revocation of the antidumping duty order would likely lead to a 
continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
order on magnesium metal from the PRC. U.S. Customs and Border 
Protection will continue to collect antidumping duty cash deposits at 
the rates in effect at the time of entry for all imports of subject 
merchandise. The effective date of the continuation of the order will 
be the date of publication in the Federal Register of this notice of 
continuation. Pursuant to section 751(c)(2) of the Act, the Department 
intends to initiate the next five-year review of the order not later 
than 30 days prior to the fifth anniversary of the effective date of 
continuation.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: February 25, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5699 Filed 3-10-11; 8:45 am]
BILLING CODE 3510-DS-P

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