[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Notices]
[Pages 580-581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8327]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium from the People's Republic of China; Notice of 
Final Results of Expedited Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 1, 2005, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty order 
on pure magnesium from the People's Republic of China (``China''). See 
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 52074 (September 1, 
2005). On the basis of a notice of intent to participate, and an 
adequate substantive response filed on behalf of the domestic 
interested party, and a lack of response from respondent interested 
parties, the Department conducted an expedited (120-day) sunset review. 
As a result of this sunset review, the Department finds that revocation 
of the antidumping duty order would likely lead to the continuation or 
recurrence of dumping. The dumping margin is identified in the Final 
Results of Review section of this notice.

EFFECTIVE DATE: January 5, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq. or Maureen 
Flannery, AD/CVD Operations, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-4340 or (202) 482-3020, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2005, the Department published the notice of 
initiation of the sunset review of the antidumping duty order on 
magnesium from China pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Initiation of Five-Year 
(``Sunset'') Reviews, 70 FR 52074 (September 1, 2005). On September 16, 
2005, the Department received a notice of intent to participate from US 
Magnesium, LLC, the domestic interested party, within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
The domestic interested party claimed interested party status under 
section 771(9)(C) of the Act, as a manufacturer, producer, or 
wholesaler in the United States of a domestic like product. On October 
3, 2005, the Department received a complete substantive response from 
the domestic interested party within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations. The Department did 
not receive a response from any respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations, 
the Department conducted an expedited review of this order.

Scope of the Order

    The product covered by this review is pure primary 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,

[[Page 581]]

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: (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.
    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 to 
U.S. Customs and November 14, 1997, Final Scope Ruling of Antidumping 
Duty Order on Pure Magnesium from China.
    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 this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
December 29, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margins likely to 
prevail if the order were revoked. Interested 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 room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn/. 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 on pure 
magnesium from China would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margin:

------------------------------------------------------------------------
                                                       Weighted Average
         Manufacturers/ Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
China-wide Rate.....................................              108.26
------------------------------------------------------------------------

    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 section 351.305 of the 
Department's regulations. 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 APO is a violation which is subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: December 29, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8327 Filed 1-4-06; 8:45 am]
BILLING CODE 3510-DS-S