[Federal Register Volume 72, Number 24 (Tuesday, February 6, 2007)]
[Notices]
[Pages 5417-5418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1894]


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DEPARTMENT OF COMMERCE

International Trade Administration


Pure Magnesium in Granular Form from the People's Republic of 
China: Final Results of the Expedited Sunset Review of the Antidumping 
Duty Order

A-570-864

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On October 2, 2006, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on pure magnesium in granular form 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 an adequate substantive

[[Page 5418]]

response filed on behalf of domestic interested parties and inadequate 
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 be likely to lead to continuation or recurrence of dumping. 
The dumping margins are identified in the Final Results of Review 
section of this notice.

EFFECTIVE DATE: February 6, 2007.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler, Esq., or Juanita 
Chen, AD/CVD Operations, Office 8, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street & 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4340, or (202) 482-1904, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2006, the Department published the notice of 
initiation of the second sunset review of the antidumping duty order on 
pure magnesium in granular form from the PRC pursuant to section 751(c) 
of the Act. See Initiation of Five-year (``Sunset'') Reviews, 71 FR 
57921 (October 2, 2006). The Department received the Notice of Intent 
to Participate from US Magnesium LLC\1\ (``US Magnesium''), the 
domestic party, within the deadline specified in section 
351.218(d)(1)(i) of the Department's regulations (``Sunset 
Regulations''). US Magnesium claimed interested party status under 
section 771(9)(C) of the Act, as a domestic producer of pure magnesium 
in granular form. The Department received a complete substantive 
response only from US Magnesium within the 30-day deadline specified in 
section 351.218(d)(3)(i) of the Department's regulations. The 
Department received no responses from the respondent interested 
parties. As a result, pursuant to section 751(c)(5)(A) of the Act and 
section 351.218(e)(1)(ii)(C)(2) of the Department's regulations, the 
Department conducted an expedited (120-day) sunset review of this 
order.
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    \1\ US Magnesium's predecessor is Magnesium Corporation of 
America, the original petitioner in this proceeding.
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Scope of the Order

    There is an existing antidumping duty order on pure magnesium from 
the People's Republic of China (PRC). See 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). The 
scope of this order excludes pure magnesium that is already covered by 
the existing order on pure magnesium in ingot form and currently 
classifiable under item numbers 8104.11.00 and 8104.19.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS). The scope of 
this order includes imports of pure magnesium products, regardless of 
chemistry, including, without limitation, raspings, granules, turnings, 
chips, powder, and briquettes, except as noted above. Pure magnesium 
includes: (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); (3) chemical combinations of pure 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\ (generally referred 
to as ``off-specification pure'' magnesium); and (4) physical mixtures 
of pure magnesium and other material(s) in which the pure magnesium 
content is 50 percent or greater, but less than 99.8 percent, by 
weight. Excluded from this order are mixtures containing 90 percent or 
less pure magnesium by weight and one or more of certain non-magnesium 
granular materials to make magnesium-based reagent mixtures. The non-
magnesium granular materials of which the Department is aware used to 
make such excluded reagents are: Lime, calcium metal, calcium silicon, 
calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar, 
nephaline syenite, feldspar, aluminum, alumina (Al2O3), calcium 
aluminate, soda ash, hydrocarbons, graphite, coke, silicon, rare earth 
metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, 
periclase, ferroalloys, dolomitic lime, and colemanite. A party 
importing a magnesium-based reagent which includes one or more 
materials not on this list is required to seek a scope clarification 
from the Department before such a mixture may be imported free of 
antidumping duties.
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    \2\ 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 merchandise subject to this order is currently classifiable 
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, the written description 
of the scope of this order is dispositive.

Analysis of Comments Received

    All issues raised in this review is addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated January 
30, 2007, 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 to be 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 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, under the 
heading ``February 2007.'' The paper copy and electronic versions of 
the Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on pure 
magnesium in granular form from the PRC would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
Minmetals...........................................               24.67
PRC-wide Rate.......................................              305.56
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    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: January 30, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-1894 Filed 2-5-07; 8:45 am]
BILLING CODE 3510-DS-S