Pure Magnesium in Granular Form From the People's Republic of China: Rescission of Antidumping Duty Administrative Review, 47147-47148 [2011-19702]

Download as PDF Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices FOR FURTHER INFORMATION CONTACT: Krisha Hill or Maisha Cryor, AD/CVD Operations, Office 4, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–4037 or (202) 482– 5831, respectively. SUPPLEMENTARY INFORMATION: sroberts on DSK5SPTVN1PROD with NOTICES Background On June 30, 2010, the Department of Commerce (‘‘the Department’’) published the initiation of the administrative review of the antidumping duty order on citric acid and certain citrate salts (‘‘citric acid’’) from the People’s Republic of China (‘‘PRC’’). See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Deferral of Administrative Review, 75 FR 37759 (June 30, 2010). On June 10, 2011, the Department published the preliminary results of the first administrative review of the antidumping duty order of citric acid from the PRC. See Citric Acid and Certain Citrate Salts From the People’s Republic of China: Preliminary Results of the First Administrative Review of the Antidumping Duty Order; and Partial Rescission of Administrative Review, 76 FR 34048 (June 10, 2011). This review covers the periods November 20, 2008, through May 19, 2009, and May 29, 2009, through April 30, 2010. The final results of this review are currently due no later than October 8, 2011. Extension of Time Limit for Final Results of Review Pursuant to section 751(a)(3)(A) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department shall make a final determination in an administrative review of an antidumping duty order within 120 days after the last day of the anniversary month of the date of publication of the order. The Act further provides, however, that the Department may extend that 120-day period to 180 days if it determines it is not practicable to complete the review within the foregoing time period. The Department finds that it is not practicable to complete the final results of the administrative review of citric acid from the PRC within this time limit. Specifically, additional time is needed to examine respondents’ production process, factors of production, and financial statements. Furthermore, the Department requires additional time to prepare for on-site verifications of respondent companies. Therefore, in accordance with section 751(a)(3)(A) of the Act, the Department is fully extending the time period for VerDate Mar<15>2010 17:29 Aug 03, 2011 Jkt 223001 completion of the final results of this review, which is currently due on October 8, 2011, by 60 days. Therefore, the final results are now due no later than December 7, 2011. This notice is published in accordance with sections 751(a)(3)(A) and 777(i) of the Act. Dated: July 22, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–19703 Filed 8–3–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–864] Pure Magnesium in Granular Form From the People’s Republic of China: Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. DATES: August 4, 2011. SUMMARY: On December 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 pure magnesium in granular form from the People’s Republic of China (‘‘PRC’’).1 The review covers one manufacturer/ exporter of subject merchandise from the PRC: China Minmetals Non-Ferrous Metals Co., Ltd. (‘‘CMN’’). The period of review (‘‘POR’’) is November 1, 2009, through October 31, 2010. Following the receipt of a certification of no shipments from CMN and supporting evidence, 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. AGENCY: 1 See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Revocation in Part, 75 FR 81565 (December 28, 2010) (‘‘Initiation’’). 2 See Memorandum to the File, ‘‘Intent to Rescind the 2009–2010 Antidumping Duty Administrative Review of Pure Magnesium in Granular Form from the People’s Republic of China—A–570–864,’’ dated June 15, 2011 (‘‘Intent to Rescind Memorandum’’). PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 47147 SUPPLEMENTARY INFORMATION: Background On November 1, 2010, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on pure magnesium in granular form from the PRC for the period November 1, 2009, through October 31, 2010.3 On November 30, 2010, the Department received a timely request from U.S. Magnesium LLC (‘‘U.S. Magnesium’’), a domestic producer and Petitioner in the underlying investigation of this case, in accordance with 19 CFR 351.213(b), for an administrative review of the antidumping duty order with respect to CMN. On December 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 with respect to CMN.4 On February 15, 2011, CMN submitted a letter to the Department certifying that it did not export pure magnesium in granular form for consumption in the United States during the POR.5 On March 30, 2011, the Department placed on the record information obtained in response to the Department’s ‘‘No Shipments Inquiry’’ to U.S. Customs and Border Protection (‘‘CBP’’) concerning imports into the United States of subject merchandise during the POR.6 These data indicate that CMN made no entries of subject merchandise during the POR. On June 15, 2011, the Department notified interested parties of its intent to rescind this administrative review and gave parties until June 22, 2010, to provide comments.7 We did not receive any comments. Scope of the Order There is an existing antidumping duty order on pure magnesium from the People’s Republic of China (PRC). See 3 See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 75 FR 67079 (November 1, 2010). 4 See Initiation, 75 FR at 81569. 5 See letter from CMN, ‘‘Pure Magnesium in Granular Form from the People’s Republic of China—No Sales Certification,’’ date February 15, 2011. 6 See Memorandum to the File, ‘‘Pure Magnesium in Granular Form from the People’s Republic of China; Transmittal of U.S. Customs and Border Protection Information to the File,’’ dated March 30, 2011, at Attachment I. 7 See Memorandum to the File, ‘‘Pure Magnesium in Granular Form from the People’s Republic of China: Intent to Rescind the 2009–2010 Antidumping Duty Administrative Review of Pure Magnesium in Granular Form from the People’s Republic of China—A–570–864,’’ dated June 15, 2011. E:\FR\FM\04AUN1.SGM 04AUN1 sroberts on DSK5SPTVN1PROD with NOTICES 47148 Federal Register / Vol. 76, No. 150 / Thursday, August 4, 2011 / Notices Notice of Antidumping Duty Orders: Pure Magnesium From the People’s Republic of China, the Russian Federation and Ukraine; Notice of Amended Final Determination of Sales at Less Than Fair Value: Antidumping Duty Investigation of Pure Magnesium From the Russian Federation, 60 FR 25691 (May 12, 1995). The scope of this order excludes pure magnesium that is already covered by the existing order on pure magnesium in ingot form, and currently classifiable under item numbers 8104.11.00 and 8104.19.00 of the Harmonized Tariff Schedule of the United States (‘‘HTSUS’’). The scope of this order includes imports of pure magnesium products, regardless of chemistry, including, without limitation, raspings, granules, turnings, chips, powder, and briquettes, except as noted above. Pure magnesium includes: (1) Products that contain at least 99.95 percent primary magnesium, by weight (generally referred to as ‘‘ultra pure’’ magnesium); (2) products that contain less than 99.95 percent but not less than 99.8 percent primary magnesium, by weight (generally referred to as ‘‘pure’’ magnesium); (3) chemical combinations of pure magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight, that do not conform to an ‘‘ASTM Specification for Magnesium Alloy’’ 8 (generally referred to as ‘‘off specification pure’’ magnesium); and (4) physical mixtures of pure magnesium and other material(s) in which the pure magnesium content is 50 percent or greater, but less than 99.8 percent, by weight. Excluded from this order are mixtures containing 90 percent or less pure magnesium by weight and one or more of certain nonmagnesium granular materials to make magnesium-based reagent mixtures. The non-magnesium granular materials of which the Department is aware used to make such excluded reagents are: lime, calcium metal, calcium silicon, calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina (Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, dolomitic lime, and colemanite. A party importing a magnesium-based reagent which includes one or more materials not on this list is required to seek a scope 8 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. VerDate Mar<15>2010 17:29 Aug 03, 2011 Jkt 223001 clarification from the Department before such a mixture may be imported free of antidumping duties. The merchandise subject to this order is currently classifiable under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of this order is dispositive. Rescission of the Administrative Review Based upon the certifications and the evidence on the record, the Department finds CMN’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 it concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. Because there were no entries, exports, or sales of the subject merchandise by CMN, the Department is rescinding this review in accordance with 19 CFR 351.213(d)(3). The Department intends to issue assessment instructions to CBP fifteen days after the publication of this notice. 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: July 27, 2011. Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations. [FR Doc. 2011–19702 Filed 8–3–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration Application(s) for Duty-Free Entry of Scientific Instruments Pursuant to Section 6(c) of the Educational, Scientific and Cultural Materials Importation Act of 1966 (Pub. L. 89–651, as amended by Pub. L. 106– 36; 80 Stat. 897; 15 CFR part 301), we invite comments on the question of whether instruments of equivalent scientific value, for the purposes for which the instruments shown below are intended to be used, are being manufactured in the United States. PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 Comments must comply with 15 CFR 301.5(a)(3) and (4) of the regulations and be postmarked on or before August 24, 2011. Address written comments to Statutory Import Programs Staff, Room 3720, U.S. Department of Commerce, Washington, DC 20230. Applications may be examined between 8:30 a.m. and 5 p.m. at the U.S. Department of Commerce in Room 3720. Docket Number: 11–043. Applicant: Mississippi State University, 3137 Highway 468 West, Pearl, MS 39208. Instrument: Transmission electron microscope. Manufacturer: JEOL Ltd., Japan. Intended Use: The instrument will be used in conducting research and diagnostic work in microbiology and pathology, to study biological materials in order to identify bacterial or viral pathogens with clinical significance in veterinary medicine. Justification for Duty-Free Entry: No instruments of the same general category or comparable instruments that could otherwise be used for the intended purpose are being manufactured in the United States. Application accepted by Commissioner of Customs: July 7, 2011. Docket Number: 11–044. Applicant: University of Chicago, Argonne National Laboratory, 9700 South Cass Avenue, Lemont, IL 60439. Instrument: Magnetooptical Kerr microscope system. Manufacturer: Evico Magnetics GmgH, Germany. Intended Use: The instrument will be used for real-time imaging of magnetic domains, as well as provide Kerr effect magnetic hysteresis loops, thereby providing important information on the reversal behavior in ferromagnetic films. Justification for Duty-Free Entry: No instruments of the same general category or comparable instruments that meet the technical requirements for the intended purpose are being manufactured in the United States. Application accepted by Commissioner of Customs: July 14, 2011. Dated: July 27, 2011. Supriya Kumar, Acting Director, Subsidies Enforcement Office, Office of Policy, Import Administration. [FR Doc. 2011–19705 Filed 8–3–11; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [Application No. 88–13A16] Export Trade Certificate of Review Notice of issuance of an Export Trade Certificate of Review to Wood ACTION: E:\FR\FM\04AUN1.SGM 04AUN1

Agencies

[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47147-47148]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19702]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Pure Magnesium in Granular Form From the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review

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

DATES: August 4, 2011.
SUMMARY: On December 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 pure magnesium in granular form 
from the People's Republic of China (``PRC'').\1\ The review covers one 
manufacturer/exporter of subject merchandise from the PRC: China 
Minmetals Non-Ferrous Metals Co., Ltd. (``CMN''). The period of review 
(``POR'') is November 1, 2009, through October 31, 2010. Following the 
receipt of a certification of no shipments from CMN and supporting 
evidence, 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 and Revocation in Part, 75 FR 81565 (December 
28, 2010) (``Initiation'').
    \2\ See Memorandum to the File, ``Intent to Rescind the 2009-
2010 Antidumping Duty Administrative Review of Pure Magnesium in 
Granular Form from the People's Republic of China--A-570-864,'' 
dated June 15, 2011 (``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: 

Background

    On November 1, 2010, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on pure magnesium in granular form from the PRC for the period 
November 1, 2009, through October 31, 2010.\3\ On November 30, 2010, 
the Department received a timely request from U.S. Magnesium LLC 
(``U.S. Magnesium''), a domestic producer and Petitioner in the 
underlying investigation of this case, in accordance with 19 CFR 
351.213(b), for an administrative review of the antidumping duty order 
with respect to CMN. On December 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 with respect to CMN.\4\ On 
February 15, 2011, CMN submitted a letter to the Department certifying 
that it did not export pure magnesium in granular form for consumption 
in the United States during the POR.\5\
---------------------------------------------------------------------------

    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 67079 (November 1, 2010).
    \4\ See Initiation, 75 FR at 81569.
    \5\ See letter from CMN, ``Pure Magnesium in Granular Form from 
the People's Republic of China--No Sales Certification,'' date 
February 15, 2011.
---------------------------------------------------------------------------

    On March 30, 2011, the Department placed on the record information 
obtained in response to the Department's ``No Shipments Inquiry'' to 
U.S. Customs and Border Protection (``CBP'') concerning imports into 
the United States of subject merchandise during the POR.\6\ These data 
indicate that CMN made no entries of subject merchandise during the 
POR.
---------------------------------------------------------------------------

    \6\ See Memorandum to the File, ``Pure Magnesium in Granular 
Form from the People's Republic of China; Transmittal of U.S. 
Customs and Border Protection Information to the File,'' dated March 
30, 2011, at Attachment I.
---------------------------------------------------------------------------

    On June 15, 2011, the Department notified interested parties of its 
intent to rescind this administrative review and gave parties until 
June 22, 2010, to provide comments.\7\ We did not receive any comments.
---------------------------------------------------------------------------

    \7\ See Memorandum to the File, ``Pure Magnesium in Granular 
Form from the People's Republic of China: Intent to Rescind the 
2009-2010 Antidumping Duty Administrative Review of Pure Magnesium 
in Granular Form from the People's Republic of China--A-570-864,'' 
dated June 15, 2011.
---------------------------------------------------------------------------

Scope of the Order

    There is an existing antidumping duty order on pure magnesium from 
the People's Republic of China (PRC). See

[[Page 47148]]

Notice of Antidumping Duty Orders: Pure Magnesium From the People's 
Republic of China, the Russian Federation and Ukraine; Notice of 
Amended Final Determination of Sales at Less Than Fair Value: 
Antidumping Duty Investigation of Pure Magnesium From the Russian 
Federation, 60 FR 25691 (May 12, 1995). The scope of this order 
excludes pure magnesium that is already covered by the existing order 
on pure magnesium in ingot form, and currently classifiable under item 
numbers 8104.11.00 and 8104.19.00 of the Harmonized Tariff Schedule of 
the United States (``HTSUS'').
    The scope of this order includes imports of pure magnesium 
products, regardless of chemistry, including, without limitation, 
raspings, granules, turnings, chips, powder, and briquettes, except as 
noted above.
    Pure magnesium includes: (1) Products that contain at least 99.95 
percent primary magnesium, by weight (generally referred to as ``ultra 
pure'' magnesium); (2) products that contain less than 99.95 percent 
but not less than 99.8 percent primary magnesium, by weight (generally 
referred to as ``pure'' magnesium); (3) chemical combinations of pure 
magnesium and other material(s) in which the pure magnesium content is 
50 percent or greater, but less than 99.8 percent, by weight, that do 
not conform to an ``ASTM Specification for Magnesium Alloy'' \8\ 
(generally referred to as ``off specification pure'' magnesium); and 
(4) physical mixtures of pure magnesium and other material(s) in which 
the pure magnesium content is 50 percent or greater, but less than 99.8 
percent, by weight. Excluded from this order are mixtures containing 90 
percent or less pure magnesium by weight and one or more of certain 
non-magnesium granular materials to make magnesium-based reagent 
mixtures. The non-magnesium granular materials of which the Department 
is aware used to make such excluded reagents are: lime, calcium metal, 
calcium silicon, calcium carbide, calcium carbonate, carbon, slag 
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina 
(Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke, 
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash, 
magnesium oxide, periclase, ferroalloys, dolomitic lime, and 
colemanite. A party importing a magnesium-based reagent which includes 
one or more materials not on this list is required to seek a scope 
clarification from the Department before such a mixture may be imported 
free of antidumping duties.
---------------------------------------------------------------------------

    \8\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book of 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
---------------------------------------------------------------------------

    The merchandise subject to this order is currently classifiable 
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of this order is dispositive.

Rescission of the Administrative Review

    Based upon the certifications and the evidence on the record, the 
Department finds CMN'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 it 
concludes that, during the period covered by the review, there were no 
entries, exports, or sales of the subject merchandise. Because there 
were no entries, exports, or sales of the subject merchandise by CMN, 
the Department is rescinding this review in accordance with 19 CFR 
351.213(d)(3). The Department intends to issue assessment instructions 
to CBP fifteen days after the publication of this notice. 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: July 27, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19702 Filed 8-3-11; 8:45 am]
BILLING CODE 3510-DS-P

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