[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Notices]
[Pages 47713-47714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19693]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China; Final Results 
of Antidumping Duty Sunset Review

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

ACTION: Notice of final results of antidumping duty sunset review; Pure 
magnesium from the People's Republic of China.

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SUMMARY: On April 3, 2000, the Department of Commerce (``the 
Department'') published the notice of initiation of sunset review of 
the antidumping duty order on pure magnesium from the People's Republic 
of China (``China'') (65 FR 17484) 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 an adequate substantive response filed on 
behalf of domestic interested parties, and inadequate response (in this 
case, no response) from respondent interested parties, the Department 
determined to conduct an expedited sunset review. As a result of this 
review, the Department finds that revocation of the antidumping duty 
order would likely lead to continuation or recurrence of dumping at the 
levels listed below in the ``Final Results of Review'' section of this 
notice.

EFFECTIVE DATE: August 3, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street & Constitution Avenue, Washington, D.C. 20230; 
telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the

[[Page 47714]]

effective date of the amendments made to the Act by the Uruguay Round 
Agreements Act (URAA). In addition, unless otherwise indicated, all 
citations to the Department of Commerce's (the Department's) 
regulations are to 19 CFR Part 351 (1999). Guidance on methodological 
or analytical issues relevant to the Department's conduct of sunset 
reviews is set forth in the Department Policy Bulletin 98:3--Policies 
Regarding the Conduct of Five-year (``Sunset'') Reviews of Antidumping 
and Countervailing Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 
1998) (Sunset Policy Bulletin).

Background

    On April 3, 2000, the Department initiated a sunset review of the 
antidumping duty order on pure magnesium from China (65 FR 17484), 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). On April 18, 2000, the Department received a notice of intent 
to participate on behalf of Magnesium Corporation of America 
(``Magcorp''), within the applicable deadline in accordance with 19 CFR 
351.218(d)(1)(i). On May 3, 2000, the Department received a complete 
substantive response from Magcorp within the 30-day deadline specified 
in the Sunset Regulations under section 351.218(d)(3)(i). In its 
substantive response, Magcorp claimed interested party status under 
section 771(9)(C) of the Act, as a U.S. manufacturer of the domestic 
like product. Magcorp states that it was the petitioner in the original 
antidumping duty investigation that led to the order and has been 
diligent in maintaining the order. See Magcorp's, May 3, 2000, 
Substantive Response at 4. On June 7, 2000, we informed the 
International Trade Commission (``Commission'') that, on the basis of 
inadequate responses from respondent interested parties, we were 
conducting an expedited sunset review of this order consistent with 19 
CFR 351.218(e)(1)(ii)(C)(2). See Letter to Lynn Featherstone, Director, 
Office of Investigations from Jeffrey A. May, Director, Office of 
Policy.

Scope of Review

    The product covered by this review is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
this order. Primary 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 primary magnesium is 
used as an input in producing magnesium alloy. Pure primary magnesium 
encompasses products (including, but not limited to, butt ends, stubs, 
crowns and crystals) with the following primary magnesium contents. 
Since the antidumping duty order was issued, we have clarified that the 
scope of the original order includes, but is not limited to, butt ends, 
stubs, crowns and crystals. See May 22, 1997, instructions in U.S. 
customs and November 14, 1997, Final Scope Rule of Antidumping Duty 
Order on Pure Magnesium from China: (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); and (3) Products 
(generally referred to as ``off-specification pure'' magnesium) that 
contain 50 percent or greater, but less than 99.8 percent primary 
magnesium, by weight, and that do not conform to ASTM specifications 
for alloy 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 percent by 
weight. It generally does not contain, individually or in combination, 
1.5 percent or more, by weight, of the following alloying elements: 
Aluminum, manganese, zinc, silicon, thorium, zirconium and rare earths.
    Excluded from the scope of this 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 percent by weight), and remelted 
magnesium whose pure primary magnesium content is less than 50 percent 
by weight. Pure magnesium products covered by this order are currently 
classifiable under the 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.

Analysis of Comments Received

    All issues raised in the case by the domestic interested party to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H.V. Cribb, Acting Assistant 
Secretary for Import Administration, dated August 1, 2000, which is 
adopted by this notice. The issues discussed in the Department's 
Decision Memo include the likelihood of continuation or recurrence of 
dumping and the magnitude of the margin likely to prevail were the 
order revoked. Parties can find a complete discussion of all issues 
raised in this review and the corresponding recommendations in this 
public memorandum which is on file in Central Records Unit, room B-099, 
of the Department's main building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import_admin/records/frn/, under the heading (``China''). The paper copy and electronic 
version of the Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping at the 
following percentage weighted-average margins:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
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Country Wide rate...........................................      108.26
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and terms of an APO is a violation which is subject to 
sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections section 751(c), 752, and 771(i) of the Act.

    Dated: July 28, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-19693 Filed 8-2-00; 8:45 am]
BILLING CODE 3510-DS-P