[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Notices]
[Pages 19928-19930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1790]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


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

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

SUMMARY: Based on affirmative final determinations by the Department of 
Commerce (``the Department'') and the International Trade Commission 
(``ITC''), the Department is issuing an antidumping duty order on 
magnesium metal from the People's Republic of China (``PRC''). On April 
11, 2005, the ITC notified the Department of its affirmative 
determination of material injury to a U.S. industry (Magnesium from 
China and Russia, Investigations Nos. 731-TA-1071 and 1072 (Final), 
Publication 3763, April 2005).

EFFECTIVE DATE: April 15, 2005.

FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-6412.

SUPPLEMENTARY INFORMATION:

Background

    In accordance with section 735(d) and 777(i)(1) of the Tariff Act 
of 1930, as amended (``the Act''), on February 24, 2005, the Department 
published the Notice of Final Determination of Sales at Less Than Fair 
Value and Affirmative Critical Circumstances: Magnesium Metal From The 
People's Republic of China, 70 FR 9037 (February 24, 2005) (``Final 
Determination''). An amended final determination was published on March 
29, 2005 to correct ministerial errors that occurred in the calculation 
of the rates as published in the Final

[[Page 19929]]

Determination. See Notice of Amended Final Determination of Sales at 
Less Than Fair Value: Magnesium Metal from the People's Republic of 
China, 70 FR 15838 (March 29, 2005).

Scope of 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 
this investigation 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 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \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.
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    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 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\
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    \2\ This material is already covered by existing antidumping 
orders. See Antidumping Duty Orders: Pure Magnesium from the 
People's Republic of China, the Russian Federation and Ukraine; 
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 
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 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.

Antidumping Duty Order

    On April 11, 2005, in accordance with section 735(d) of the Act, 
the ITC notified the Department of its final determination pursuant to 
section 735(b)(1)(A)(i) of the Act that an industry in the United 
States is materially injured by reason of less-than-fair-value imports 
of subject merchandise from the PRC. In addition, the ITC notified the 
Department of its final determination that critical circumstances do 
not exist with respect to imports of subject merchandise from the PRC 
that are subject to the Department's affirmative critical circumstances 
finding. Therefore, in accordance with section 736(a)(1) of the Act, 
the Department will direct U.S. Customs and Border Protection (``CBP'') 
to assess, upon further instruction by the Department, antidumping 
duties equal to the amount by which the normal value of the merchandise 
exceeds the export price (or constructed export price) of the 
merchandise for all relevant entries of magnesium metal from the PRC. 
These antidumping duties will be assessed on all unliquidated entries 
of magnesium metal from the PRC entered, or withdrawn from the 
warehouse, for consumption on or after October 4, 2004, the date on 
which the Department published its Notice of Preliminary Determination 
of Sales at Less Than Fair Value and Postponement of the Final 
Determination: Magnesium Metal From The People's Republic of China, 69 
FR 59187 (October 4, 2004) (``Preliminary Determination'').
    With regard to the ITC negative critical circumstances 
determination, we will instruct Customs to lift suspension and to 
release any bond or other security, and refund any cash deposit made, 
to secure the payment of antidumping duties with respect to entries of 
the merchandise entered, or withdrawn from warehouse, for consumption 
on or after July 6, 2004, but before October 4, 2004. July 4, 2004 is 
90 days prior to October 4, 2004, the date of publication of the 
Department's preliminary determination in the Federal Register.
    Section 733(d) of the Act states that instructions issued pursuant 
to an affirmative preliminary determination may not remain in effect 
for more than four months except where exporters representing a 
significant proportion of exports of the subject merchandise request 
the Department to extend that four-month period to no more than six 
months. At the request of exporters that account for a significant 
proportion of the PRC exports of the subject merchandise, we extended 
the four-month period to no more than six months. See Preliminary 
Determination. In this investigation, the six-month period beginning on 
the date of the publication of the preliminary determination ends on 
April 1, 2005. Furthermore, section 737 of the Act states that 
definitive duties are to begin on the date of publication of the ITC's 
final injury determination. Therefore, in accordance with section 
733(d) of the Act and our practice, we will instruct CBP to terminate 
the suspension of liquidation and to liquidate, without regard to 
antidumping duties, unliquidated entries of magnesium metal from the 
PRC entered, or withdrawn from warehouse, for consumption on or after 
April 2, 2005, and before the date of publication of the ITC's final 
injury determination in the Federal Register. Suspension of liquidation 
will resume on the date of publication of the ITC's final injury 
determination in the Federal Register.
    Effective on the date of publication of the ITC's final affirmative 
injury determination, CBP officers will require, at the same time as 
importers would normally deposit estimated duties on this merchandise, 
a cash deposit equal to the estimated weighted-average

[[Page 19930]]

antidumping duty margins as listed below. The ``PRC-wide'' rate applies 
to all exporters of subject merchandise not specifically listed. The 
weighted-average dumping margins are as follows:

                      Magnesium Metal From the PRC
------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Manufacturer/exporter                        margin
                                                               percent
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Tianjin....................................................        49.66
Guangling..................................................        49.66
PRC-Wide Rate*.............................................      141.49
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* This is not a separate rate; the RSM \4\ companies and Jiangsu Metals
  are subject to the PRC-wide rate.

    This notice constitutes the antidumping duty order with respect to 
magnesium metal from the PRC pursuant to section 736(a) of the Act. 
Interested parties may contact the Department's Central Records Unit, 
Room B-099 of the main Commerce building, for copies of an updated list 
of antidumping duty orders currently in effect.
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    \4\ In the preliminary determination, we determined that the 
following companies were collapsed members of the RSM group of 
companies for the purposes of this investigation: Nanjing Yunhai 
Special Metals Co., Ltd. (``Yunhai Special''), Nanjing Welbow Metals 
Co., Ltd. (``Welbow''), Nanjing Yunhai Magnesium Co., Ltd. (``Yunhai 
Magnesium''), Shanxi Wenxi Yunhai Metals Co., Ltd. (``Wenxi 
Yunhai''). See Memorandum to Laurie Parkhill, Director, Office 8, 
NME/China Group, from Laurel LaCivita, Senior Case Analyst, through 
Robert Bolling, Program Manager: Antidumping Duty Investigation of 
Magnesium Metal from the People's Republic of China: Affiliation and 
Collapsing of Members of the RSM Group and its Affiliated U.S. 
Reseller, Toyota Tsusho America, Inc., dated September 24, 2004.
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    This order is published in accordance with section 736(a) of the 
Act and 19 CFR 351.211.

    Dated: April 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1790 Filed 4-14-05; 8:45 am]
BILLING CODE 3510-DS-P