Pure Magnesium From the People's Republic of China: Final Results of Expedited Third Sunset Review of the Antidumping Duty Order, 62040-62042 [2011-25890]
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62040
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
7226.91.70.00, 7226.91.80.00, and
7226.99.00.00. Subject merchandise
may also enter under 7210.70.30.00,
7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, and
7212.50.00.00. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
Department’s written description of the
merchandise subject to the order is
dispositive.
Analysis of Comments Received
The Department received no
comments regarding the Preliminary
Results of this review.
mstockstill on DSK4VPTVN1PROD with NOTICES
Final Results of Review
We continue to determine that Ispat,
JSW, and Tata had no reviewable entries
of subject merchandise during the POR.
Assessment Rate
The Department intends to issue
appropriate assessment instructions
directly to U.S. Customs and Border
Protection (‘‘CBP’’) 15 days after the
publication of the final results of this
review.
Since the implementation of the 1997
regulations, our practice concerning noshipment respondents has been to
rescind the administrative review if the
respondent certifies that it had no
shipments and we have confirmed
through our examination of CBP data
that there were no shipments of subject
merchandise during the POR.3 As a
result, in such circumstances, we
normally instruct CBP to liquidate any
entries from the no-shipment company
at the deposit rate in effect on the date
of entry. In our May 6, 2003, ‘‘automatic
assessment’’ clarification, we explained
that, where respondents in an
administrative review demonstrate that
they had no knowledge of sales through
resellers to the United States, we would
instruct CBP to liquidate such entries at
the all-others rate applicable to the
proceeding.4
Based on Ispat, JSW, and Tata’s
assertions of no shipments and
confirmation of those claims by
examination of CBP data, we continue
to determine that Ispat, JSW, and Tata
had no sales to the United States during
the POR.5
Because ‘‘as entered’’ liquidation
instructions do not alleviate the
concerns which the May 2003
clarification was intended to address,
3 See Antidumping Duties; Countervailing Duties:
Final Rule, 62 FR 27296, 27393 (May 19, 1997).
4 See Antidumping and Countervailing Duty
Proceedings: Assessment of Antidumping Duties, 68
FR 23954, 23954 (May 6, 2003) (Assessment Policy
Notice).
5 See Preliminary Results, 76 FR at 31939.
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we continue to find it appropriate in
this case to instruct CBP to liquidate any
existing entries of merchandise
produced by Ispat, JSW, or Tata and
exported by other parties at the allothers rate.6 In addition, the Department
affirms its previous position in the
Preliminary Results that it is more
consistent with the May 2003
clarification not to rescind the review in
part under these circumstances but,
rather, to complete the review of Ispat,
JSW, and Tata and issue appropriate
instructions to CBP consistent with
these final results.7
Cash Deposit Requirements
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of hot-rolled carbon steel
flat products from India 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 Tariff Act of
1930, as amended (‘‘the Act’’): (1) For
Ispat, JSW, Tata, and for previously
reviewed or investigated companies not
listed above, the cash deposit rate will
continue to be the company-specific rate
published for the most recent final
results in which that manufacturer or
exporter participated; (2) if the exporter
is not a firm covered in this review, a
prior review, or the original less-thanfair-value (‘‘LTFV’’) investigation, but
the Department examined the
manufacturer in one of those
proceedings, then the cash deposit rate
will be the rate established for the most
recently completed segment of this
proceeding for the manufacturer of the
merchandise; and (3) if neither the
exporter nor the manufacturer is a firm
covered in this or any previous review
or the LTFV investigation conducted by
the Department, the cash deposit rate
will be 23.87 percent, the all-others rate
established in the LTFV investigation.8
These cash deposit requirements, when
imposed, shall remain in effect until
further notice.
Notification to Importers
This notice serves as a reminder to
importers of their responsibility under
19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of
6 See, e.g., Magnesium Metal From the Russian
Federation: Final Results of Antidumping Duty
Administrative Review, 75 FR 56989, 56989–90
(September 17, 2010).
7 See Preliminary Results, 76 FR at 31939–40.
8 Certain Hot-Rolled Carbon Steel Flat Products
From India: Final Results of Antidumping Duty
Administrative Review, 69 FR 36060, 36062 n.2
(June 28, 2004).
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antidumping and countervailing 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 reimbursement of
antidumping and countervailing duties
occurred and the subsequent assessment
of double antidumping and
countervailing duties.
Notification to Interested Parties
This notice serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(3). Timely
written notification of return/
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and the terms of an
APO is a sanctionable violation.
These final results of review are
issued and published in accordance
with sections 751(a)(1) and 777(i) of the
Act.
Dated: September 30, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2011–25937 Filed 10–5–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–832]
Pure Magnesium From the People’s
Republic of China: Final Results of
Expedited Third Sunset Review of the
Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2011, the
Department of Commerce (‘‘the
Department’’) initiated the third fiveyear (‘‘sunset’’) review of the
antidumping duty order on pure
magnesium from the People’s Republic
of China (‘‘PRC’’) pursuant to section
751(c) of the Tariff Act of 1930, as
amended (‘‘the Act’’). On the basis of a
notice of intent to participate and
adequate substantive response filed on
behalf of the domestic interested party,
and no adequate response from a
respondent interested party, the
Department conducted an expedited
(120-day) sunset review of the
antidumping duty order. As a result of
this review, the Department finds that
AGENCY:
E:\FR\FM\06OCN1.SGM
06OCN1
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
revocation of the antidumping duty
order on pure magnesium from the PRC
would be likely to lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
DATES: Effective Date: October 6, 2011.
FOR FURTHER INFORMATION CONTACT:
Brooke Kennedy, AD/CVD Operations,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–3818.
SUPPLEMENTARY INFORMATION:
Background
mstockstill on DSK4VPTVN1PROD with NOTICES
On June 1, 2011, the Department
initiated the third sunset review of the
antidumping duty order on pure
magnesium from the PRC, pursuant to
section 751(c) of the Act. See Initiation
of Five-Year ‘‘Sunset’’ Review, 76 FR
31588 (June 1, 2011); see also 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) (‘‘Order’’). On June 13,
2011, the Department received notice of
intent to participate on behalf of US
Magnesium LLC (‘‘US Magnesium’’),
within the applicable deadline specified
in 19 CFR 351.218(d)(1)(i). See Letter
from US Magnesium, Third Five-Year
(‘‘Sunset’’) Review of Antidumping
Duty Order On Pure Magnesium (Ingot)
From the People’s Republic of China:
The Domestic Industry’s Notice of Intent
To Participate, dated June 13, 2011. The
domestic interested party claimed
interested party status under section
771(9)(C) of the Act, as a manufacturer
of pure magnesium in the United States.
On July 1, 2011, the Department
received a complete substantive
response from the domestic interested
party within the 30-day deadline
specified in 19 CFR 351.218(d)(3)(i). We
received no substantive response from a
respondent interested party in this
proceeding. As a result, pursuant to 19
CFR 351.218(e)(1)(ii)(C), the Department
conducted an expedited, 120-day,
sunset review of this Order.
Scope of the Order
Merchandise covered by the order is
pure magnesium regardless of
chemistry, form or size, unless expressly
excluded from the scope of the order.
Pure magnesium is a metal or alloy
containing by weight primarily the
element magnesium and produced by
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Jkt 226001
decomposing raw materials into
magnesium metal. Pure primary
magnesium is used primarily as a
chemical in the aluminum alloying,
desulfurization, and chemical reduction
industries. In addition, pure magnesium
is used as an input in producing
magnesium alloy. Pure magnesium
encompasses products (including, but
not limited to, butt ends, stubs, crowns
and crystals) with the following primary
magnesium contents:
(1) Products that contain at least
99.95% primary magnesium, by weight
(generally referred to as ‘‘ultra pure’’
magnesium);
(2) Products that contain less than
99.95% but not less than 99.8% primary
magnesium, by weight (generally
referred to as ‘‘pure’’ magnesium); and
(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.
Excluded from the scope of the order
are alloy primary magnesium (that
meets specifications for alloy
magnesium), primary magnesium
anodes, granular primary magnesium
(including turnings, chips and powder)
having a maximum physical dimension
(i.e., length or diameter) of one inch or
less, secondary magnesium (which has
pure primary magnesium content of less
than 50% by weight), and remelted
magnesium whose pure primary
magnesium content is less than 50% by
weight.
Pure magnesium products covered by
the order are currently classifiable
under Harmonized Tariff Schedule of
the United States (‘‘HTSUS’’)
subheadings 8104.11.00, 8104.19.00,
8104.20.00, 8104.30.00, 8104.90.00,
3824.90.11, 3824.90.19 and 9817.00.90.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, our written description of the
scope is dispositive.1
1 The Department has made two scope rulings
regarding the subject merchandise. On November 9,
2006, the Department issued a scope ruling, finding
that alloy magnesium extrusion billets produced in
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62041
Analysis of Comments Received
All issues raised by parties to this
sunset review are addressed in the
Issues and Decision Memorandum for
the Final Results of the Expedited Third
Sunset Review of the Antidumping Duty
Order on Pure Magnesium from the
People’s Republic of China from
Christian Marsh, Deputy Assistant
Secretary for Antidumping and
Countervailing Duty Operations, to
Ronald K. Lorentzen, Deputy Assistant
Secretary for Import Administration
(‘‘Decision Memorandum’’), dated
concurrently with this notice. The
issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail were the order revoked.
Parties may find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
this public memorandum which is on
file in the CRU. In addition, a complete
version of the Decision Memorandum
may be accessed directly on the Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
We determine that revocation of the
Order would likely lead to continuation
or recurrence of dumping at the
following weighted-average percentage
margins:
Manufacturers/Exporters/
Producers
Weightedaverage
margin
PRC-wide ....................................
108.26%
Notification Regarding Administrative
Protective Order
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
Canada by Timminco, Ltd. from pure magnesium of
Chinese origin are not within the scope of Order.
See Memorandum regarding Final Ruling in the
Scope Inquiry on Russian and Chinese Magnesium
Processed in Canada, dated November 9, 2006. On
December 4, 2006, the Department issued a scope
ruling, finding that pure magnesium produced in
France using pure magnesium from the PRC is
within the scope of the Order. See Memorandum
regarding Final Ruling in the Scope Inquiry on
Chinese Magnesium Processed in France, dated
December 4, 2006.
E:\FR\FM\06OCN1.SGM
06OCN1
62042
Federal Register / Vol. 76, No. 194 / Thursday, October 6, 2011 / Notices
APO is a violation which is subject to
sanction.
This sunset review and notice are in
accordance with sections 751(c), 752,
and 777(i)(1) of the Act.
Dated: September 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
Oculina research activities. Updates will
be given on the following: The NOAA
Fisheries Habitat Conservation Division;
the Council’s Invasive Species Policy
and the Coral Reef Conservation
Program Grant Projects; and the U.S.
Coral Reef Task Force Meeting.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for auxiliary aids should be
directed to the Council office (see
ADDRESSES) 3 days prior to the meeting.
[FR Doc. 2011–25890 Filed 10–5–11; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Note: The times and sequence specified in
this agenda are subject to change.
National Oceanic and Atmospheric
Administration
RIN 0648–XA748
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meeting
Dated: October 3, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–25841 Filed 10–5–11; 8:45 am]
BILLING CODE 3510–22–P
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Coral Advisory
Panel (AP) in North Charleston, SC.
DATES: The meeting will take place
October 25–26, 2011. See
SUPPLEMENTARY INFORMATION for specific
dates and times.
ADDRESSES: The meeting will be held at
the Hilton Garden Inn, 5265
International Blvd., North Charleston,
SC 29418; telephone: (800) 445–8667;
fax: (843) 308–9331.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
South Atlantic Fishery Management
Council, 4055 Faber Place Drive, Suite
201, N. Charleston, SC 29405;
telephone: (843) 571–4366 or toll free
(866) SAFMC–10; fax: (843) 769–4520;
e-mail: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: Members
of the Coral AP will meet from 8:30 a.m.
until 5 p.m. on October 25, 2011 and
from 8:30 a.m. until 12 noon on October
26, 2011.
Issues to be addressed at the meeting
include: An overview of coral research
and activity in the South Atlantic
region; a discussion of measures to be
included in the Comprehensive
Ecosystem-Based Amendment 3; an
overview of Spiny Lobster Amendment
11, including proposed closures in the
spiny lobster fishery with the intent of
protecting elkhorn and staghorn corals;
an overview of Marine and Estuarine
Goal Setting Criteria for South Florida
(MARES) Program; and a review of
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SUMMARY:
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16:07 Oct 05, 2011
Jkt 226001
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA749
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold a meeting of its Information and
Education Advisory Panel (AP) and a
Social Media Workshop in conjunction
with the South Carolina Sea Grant
Consortium in North Charleston, SC.
DATES: The meeting and workshop will
take place October 25–27, 2011. See
SUPPLEMENTARY INFORMATION for specific
dates and times.
ADDRESSES: The meeting and workshop
will be held at the Hilton Garden Inn,
5265 International Blvd., North
Charleston, SC 29418; telephone: (800)
445–8667; fax: (843) 308–9331.
FOR FURTHER INFORMATION CONTACT: Kim
Iverson, Public Information Officer,
South Atlantic Fishery Management
Council, 4055 Faber Place Drive, Suite
201, N. Charleston, SC 29405;
telephone: (843) 571–4366 or toll free
(866) SAFMC–10; fax: (843) 769–4520;
e-mail: kim.iverson@safmc.net.
SUPPLEMENTARY INFORMATION: Members
of the Information and Education AP
will meet from 1:30 p.m. until 5 p.m. on
SUMMARY:
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
October 25, 2011 and from 8:30 a.m.
until 12 noon on October 26, 2011. The
Social Media Workshop will be
conducted from 1:30 p.m. until 5 p.m.
on October 26, 2011 and from 8:30 a.m.
until 3 p.m. on October 27, 2011.
Issues to be addressed at the
Information and Education AP meeting
include: An overview of current
outreach activities by the Council, new
outreach efforts proposed for Special
Management Zones in the South
Atlantic Exclusive Economic Zone, and
strategic planning for outreach efforts by
the Council. The AP members will be
asked to provide recommendations for
consideration.
Following the AP meeting, the
Council and SC Sea Grant will co-host
a Social Media Workshop for members
of the AP and other invited presenters
and participants. The workshop will
focus on current social media tools
currently being used by various agencies
and include presentations on Facebook,
Twitter, YouTube, and other media
outlets along with a panel discussion.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for auxiliary aids should be
directed to the council office (see
ADDRESSES) 3 days prior to the meeting.
Note: The times and sequence specified in
this agenda are subject to change.
Dated: October 3, 2011.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–25846 Filed 10–5–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA751
Gulf of Mexico Fishery Management
Council (Council); Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Gulf of Mexico Fishery
Management Council will convene a
public meeting.
DATES: The meeting will be held
October 24–28, 2011.
ADDRESSES: The meeting will be held at
the Doubletree Hotel, 300 Canal Street,
New Orleans, LA 70130; telephone:
(504) 581–1300.
SUMMARY:
E:\FR\FM\06OCN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62040-62042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-25890]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium From the People's Republic of China: Final Results
of Expedited Third Sunset Review of the Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 1, 2011, the Department of Commerce (``the
Department'') initiated the third five-year (``sunset'') review of the
antidumping duty order on pure magnesium from the People's Republic of
China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930,
as amended (``the Act''). On the basis of a notice of intent to
participate and adequate substantive response filed on behalf of the
domestic interested party, and no adequate response from a respondent
interested party, the Department conducted an expedited (120-day)
sunset review of the antidumping duty order. As a result of this
review, the Department finds that
[[Page 62041]]
revocation of the antidumping duty order on pure magnesium from the PRC
would be likely to lead to continuation or recurrence of dumping at the
levels indicated in the ``Final Results of Review'' section of this
notice.
DATES: Effective Date: October 6, 2011.
FOR FURTHER INFORMATION CONTACT: Brooke Kennedy, AD/CVD Operations,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202) 482-3818.
SUPPLEMENTARY INFORMATION:
Background
On June 1, 2011, the Department initiated the third sunset review
of the antidumping duty order on pure magnesium from the PRC, pursuant
to section 751(c) of the Act. See Initiation of Five-Year ``Sunset''
Review, 76 FR 31588 (June 1, 2011); see also 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)
(``Order''). On June 13, 2011, the Department received notice of intent
to participate on behalf of US Magnesium LLC (``US Magnesium''), within
the applicable deadline specified in 19 CFR 351.218(d)(1)(i). See
Letter from US Magnesium, Third Five-Year (``Sunset'') Review of
Antidumping Duty Order On Pure Magnesium (Ingot) From the People's
Republic of China: The Domestic Industry's Notice of Intent To
Participate, dated June 13, 2011. The domestic interested party claimed
interested party status under section 771(9)(C) of the Act, as a
manufacturer of pure magnesium in the United States. On July 1, 2011,
the Department received a complete substantive response from the
domestic interested party within the 30-day deadline specified in 19
CFR 351.218(d)(3)(i). We received no substantive response from a
respondent interested party in this proceeding. As a result, pursuant
to 19 CFR 351.218(e)(1)(ii)(C), the Department conducted an expedited,
120-day, sunset review of this Order.
Scope of the Order
Merchandise covered by the order is pure magnesium regardless of
chemistry, form or size, unless expressly excluded from the scope of
the order. Pure magnesium is a metal or alloy containing by weight
primarily the element magnesium and produced by decomposing raw
materials into magnesium metal. Pure primary magnesium is used
primarily as a chemical in the aluminum alloying, desulfurization, and
chemical reduction industries. In addition, pure magnesium is used as
an input in producing magnesium alloy. Pure magnesium encompasses
products (including, but not limited to, butt ends, stubs, crowns and
crystals) with the following primary magnesium contents:
(1) Products that contain at least 99.95% primary magnesium, by
weight (generally referred to as ``ultra pure'' magnesium);
(2) Products that contain less than 99.95% but not less than 99.8%
primary magnesium, by weight (generally referred to as ``pure''
magnesium); and
(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.
Excluded from the scope of the order are alloy primary magnesium
(that meets specifications for alloy magnesium), primary magnesium
anodes, granular primary magnesium (including turnings, chips and
powder) having a maximum physical dimension (i.e., length or diameter)
of one inch or less, secondary magnesium (which has pure primary
magnesium content of less than 50% by weight), and remelted magnesium
whose pure primary magnesium content is less than 50% by weight.
Pure magnesium products covered by the order are currently
classifiable under Harmonized Tariff Schedule of the United States
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00,
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS
subheadings are provided for convenience and customs purposes, our
written description of the scope is dispositive.\1\
---------------------------------------------------------------------------
\1\ The Department has made two scope rulings regarding the
subject merchandise. On November 9, 2006, the Department issued a
scope ruling, finding that alloy magnesium extrusion billets
produced in Canada by Timminco, Ltd. from pure magnesium of Chinese
origin are not within the scope of Order. See Memorandum regarding
Final Ruling in the Scope Inquiry on Russian and Chinese Magnesium
Processed in Canada, dated November 9, 2006. On December 4, 2006,
the Department issued a scope ruling, finding that pure magnesium
produced in France using pure magnesium from the PRC is within the
scope of the Order. See Memorandum regarding Final Ruling in the
Scope Inquiry on Chinese Magnesium Processed in France, dated
December 4, 2006.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised by parties to this sunset review are addressed in
the Issues and Decision Memorandum for the Final Results of the
Expedited Third Sunset Review of the Antidumping Duty Order on Pure
Magnesium from the People's Republic of China from Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration (``Decision Memorandum''), dated concurrently
with this notice. The issues discussed in the Decision Memorandum
include the likelihood of continuation or recurrence of dumping and the
magnitude of the margins likely to prevail were the order revoked.
Parties may find a complete discussion of all issues raised in this
review and the corresponding recommendations in this public memorandum
which is on file in the CRU. In addition, a complete version of the
Decision Memorandum may be accessed directly on the Web at https://ia.ita.doc.gov/frn. The paper copy and electronic version of the
Decision Memorandum are identical in content.
Final Results of Review
We determine that revocation of the Order would likely lead to
continuation or recurrence of dumping at the following weighted-average
percentage margins:
------------------------------------------------------------------------
Weighted-
Manufacturers/Exporters/ Producers average
margin
------------------------------------------------------------------------
PRC-wide................................................... 108.26%
------------------------------------------------------------------------
Notification Regarding Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an
[[Page 62042]]
APO is a violation which is subject to sanction.
This sunset review and notice are in accordance with sections
751(c), 752, and 777(i)(1) of the Act.
Dated: September 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25890 Filed 10-5-11; 8:45 am]
BILLING CODE 3510-DS-P
