[Federal Register Volume 73, Number 230 (Friday, November 28, 2008)]
[Notices]
[Page 72448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28318]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-570-896)


Magnesium Metal from the People's Republic of China: Notice of 
Rescission of the 2007-2008 Administrative Review of the Antidumping 
Duty Order

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

EFFECTIVE DATE: November 28, 2008.

FOR FURTHER INFORMATION CONTACT: Demitrios Kalogeropoulos, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4295.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2008, the Department of Commerce (``the Department'') 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on magnesium metal from the People's 
Republic of China (``PRC''). See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 73 FR 17317 (April 1, 2008). On April 30, 2008, 
Tianjin Magnesium International Co., Ltd. (``TMI'') requested that the 
Department conduct an administrative review of TMI'sexports to the 
United States for the period of review (``POR'') April 1, 2007, through 
March 31, 2008. Pursuant to this request, the Department published a 
notice of the initiation of the administrative review of the 
antidumping duty order on magnesium metal from the PRC. See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews and 
Requests for Revocation in Part, 73 FR 31813 (June 4, 2008).

Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an 
administrative review, in whole or in part, if a party that requested a 
review withdraws the request within 90 days of the date of publication 
of the notice of initiation. On September 2, 2008, TMI timely withdrew 
its request for a review, and no other interested party requested a 
review of this company. Therefore, the Department is rescinding this 
administrative review of the antidumping duty order on magnesium metal 
from the PRC covering the period April 1, 2007, through March 31, 2008, 
in accordance with 19 CFR 351.213(d)(1).

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to assess antidumping duties on all appropriate entries. 
Antidumping duties shall be assessed at rates equal to the cash deposit 
of estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after the publication 
of this notice in the Federal Register.

Notification to Interested Parties

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Pursuant to 19 CFR 
351.402(f)(3), failure to comply with this requirement could result in 
the Secretary's presumption that reimbursement of antidumping duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO, in accordance with 19 CFR 351.305 and as explained in the APO 
itself. Timely written notification of the return/destruction of APO 
materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and the terms of an 
APO is a sanctionable violation.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: November 20, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. E8-28318 Filed 11-26-08; 8:45 am]
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