[Federal Register Volume 71, Number 131 (Monday, July 10, 2006)]
[Notices]
[Pages 38860-38861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10744]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-832


Continuation of Antidumping Duty Order: Pure Magnesium from the 
People's Republic of China

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (``Department'') and the International Trade Commission 
(``Commission'') that revocation of this antidumping duty order would 
be likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''), the Department 
hereby orders the continuation of the antidumping duty order on pure 
magnesium from the People's Republic of China (``the PRC''). The 
Department is publishing notice of the continuation of this antidumping 
duty order.

EFFECTIVE DATE: July 10, 2006.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq. or Jim Nunno, 
AD/CVD Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, DC 20230; telephone: (202) 482-4340 
or (202) 482-0783, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 1, 2005, the Department initiated and the Commission 
instituted a 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'') Reviews, 70 FR 52074 (September 1, 
2005). As a result of its review, the Department found that revocation 
of the antidumping duty order would be likely to lead to continuation 
or recurrence of dumping and notified the Commission of the magnitude 
of the margins likely to prevail were the order to be revoked. See Pure 
Magnesium from the People's Republic of China; Notice of Final Results 
of Expedited Sunset Review of Antidumping Duty Order, 71 FR 580 
(January 5, 2006).
    The Commission determined, pursuant to section 751(c) of the Act, 
that revocation of the antidumping duty order on pure magnesium from 
the PRC would be likely to lead to continuation

[[Page 38861]]

or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Pure and Alloy Magnesium from 
Canada and Pure Magnesium from China, 71 FR 36359 (June 26, 2006), 
USITC Publication 3859 (June 2006) (Investigation Nos. 701-TA-309-A-B 
and 731-TA-696 (Second Review)).

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, 
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.

Determination

    As a result of the determinations by the Department and the 
Commission that revocation of this antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to sections 
751(d)(2)(A) and (B) of the Act, the Department hereby orders the 
continuation of the antidumping duty order on pure magnesium from The 
PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of this order is the date of publication in the Federal 
Register of this Notice of Continuation. Pursuant to section 751(c)(2) 
of the Act, the Department intends to initiate the next five-year 
review of this antidumping order not later than June 2011.
    This sunset review and this continuation notice are in accordance 
with section 751(c) of the Act and published pursuant to 777(i)(1) of 
the Act.

    Dated: June 30, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-10744 Filed 7-7-06; 8:45 am]
Billing Code: 3510-DS-S