[Federal Register Volume 74, Number 238 (Monday, December 14, 2009)]
[Notices]
[Pages 66089-66090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29727]



[[Page 66089]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium from the People's Republic of China: Final Results 
of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On June 8, 2009, the Department published its preliminary 
results in the antidumping duty administrative review of pure magnesium 
from the PRC.\1\ The period of review (``POR'') for the administrative 
review is May 1, 2007, through April 30, 2008. We have determined that 
Tianjin Magnesium International Co., Ltd. (``TMI''), the only 
respondent in this review, made sales in the United States at prices 
below normal value (``NV''). There are no other respondents covered by 
this review. We invited interested parties to comment on our 
preliminary results in this review. Based on our analysis of the 
comments we received in the administrative review, we made certain 
changes to our Preliminary Results. The final dumping margins for this 
review are listed in the ``Final Results Margins'' section below.
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    \1\ See Pure Magnesium from the People's Republic of China: 
Preliminary Results of Antidumping Duty Administrative Review, 74 FR 
27090 (June 8, 2009) (``Preliminary Results'').

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EFFECTIVE DATE: December 14, 2009.

FOR FURTHER INFORMATION CONTACT: Eugene Degnan, 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) 482-0414, respectively.

Background

    The Department published its preliminary results on June 8, 
2009.\2\ We invited parties to comment on the Preliminary Results. We 
received comments from Petitioner,\3\ TMI and Alcoa Inc., a U.S. 
consumer of pure magnesium. Interested parties submitted case and 
rebuttal briefs on July 17 and July 23, 2008, respectively. On 
September 29, 2008, the Department extended the deadline for the final 
results to December 8, 2008.\4\ We held a hearing on November 20, 2008, 
in which all interested parties participated.
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    \2\ See Preliminary Results.
    \3\ United States Magnesium LLC.
    \4\ See Pure Magnesium From the People's Republic of China: 
Extension of Time for the Final Results of the Antidumping Duty 
Administrative Review, 74 FR 48904 (September 24, 2009).
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Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(``the Act''), we verified the information submitted by TMI for use in 
our final results of review.\5\ We used standard verification 
procedures, including examination of relevant accounting and production 
records, as well as original source documents provided by TMI.
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    \5\ See Memorandum to Wendy J. Frankel, ``Verification of the 
Sales and Factors Responses of Tianjin Magnesium International, Ltd. 
in the 2007-2008 Administrative Review of the Antidumping Duty Order 
on Pure Magnesium from the People's Republic of China, (``TMI 
Verification Report'')'' dated November 4, 2009, on the record of 
this review Central Records Unit (``CRU''), Room 1117 of the main 
Department building.
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Period of Review

    The POR is May 1, 2007, through April 30, 2008.

Scope of the Order

    Merchandise covered by this order is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
this order. Pure 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 magnesium is used as 
an input in producing magnesium alloy. Pure 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 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 (generally referred to as ``off-
specification pure'' 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.
    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 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.

Separate Rate

    In the Preliminary Results, we determined that TMI met the criteria 
for the application of a separate antidumping duty rate.\6\ We have 
continued to grant TMI a separate rate because we have not received any 
information since the Preliminary Results which would warrant 
reconsideration of our separate-rate determination. Therefore, we have 
assigned an individual antidumping duty margin to TMI for this review 
period.
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    \6\ See Preliminary Results, 74 FR at 27092-3.
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties in 
this review are addressed in the memorandum from John M. Andersen, 
Acting Deputy Assistant Secretary, for Antidumping and Countervailing 
Duty Operations to Carole A. Showers, Acting Deputy Assistant Secretary 
for Import Administration, ``Issues and Decision Memorandum for the 
Final Results of the Antidumping Duty Administrative Review of Pure 
Magnesium from the People's Republic of China,'' dated December 7, 
2009, which is hereby adopted by this notice (``Issues and Decision 
Memorandum''). A list of the issues which parties raised and to which 
we respond in the Issues and Decision Memorandum is attached to this 
notice as an Appendix. The Issues and Decision Memorandum is a public

[[Page 66090]]

document and is on file in the CRU, Main Commerce Building, Room 1117, 
and is accessible on the Web at http://ia.ita.doc.gov/frn/. The paper 
copy and electronic version of the memorandum are identical in content.

Changes Since the Preliminary Results

    Based on the results of the verification and an analysis of the 
comments received, the Department has assigned a margin based on 
adverse facts available (``AFA''), to TMI for these final results.\7\
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    \7\ For a complete discussion of the basis for, and application 
of, AFA with respect to TMI in this review, see the Issues and 
Decision Memorandum at Comment 1, and the Memorandum to the File, 
``Application of Adverse Facts Available for Tianjin Magnesium 
International, Ltd. in the Review of Pure Magnesium from the 
People's Republic of China (``AFA Memorandum''),'' dated December 7, 
2009.
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Use of Facts Available

    The Department has determined that the information to construct an 
accurate and otherwise reliable margin is not available on the record 
with respect to TMI because TMI's producers withheld information that 
had been requested, significantly impeded this proceeding, and provided 
information that could not be verified, pursuant to sections 776(a)(1) 
and (2)(A), (C) and (D) of the of Act.\8\ As a result, the Department 
has determined to apply the facts otherwise available.\9\ Further, 
because the Department finds that TMI's producers have failed to 
cooperate to the best of their ability, pursuant to section 776(b) of 
the Act, the Department has determined to use an adverse inference when 
applying facts available in this review.\10\ As AFA, the Department is 
applying a rate of 111.73, which is the highest calculated rate on the 
record of any segment of the proceeding.\11\ In accordance with section 
776(b) of the Act, the Department has corroborated this rate to the 
extent practicable.\12\
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    \8\ See AFA Memorandum at 12-13.
    \9\ Id.
    \10\ Id. at 13-14.
    \11\ See Pure Magnesium From the People's Republic of China: 
Final Results of Antidumping Duty Administrative Review, 73 FR 76336 
(December 16, 2008) (``Pure Magnesium 06-07'').
    \12\ See AFA Memorandum at 17-19.
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Final Results Margins

    We determine that the following weighted-average percentage margins 
exist for the POR:

                       Pure Magnesium from the PRC
------------------------------------------------------------------------
                                                       Weighted-Average
                      Exporter                         Margin (Percent)
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TMI.................................................      111.73 Percent
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Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of administrative review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of these final results of administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: 1) for the exporter 
listed above, the cash deposit rate will be the rate shown for that 
company; 2) for previously investigated or reviewed PRC and non-PRC 
exporters not listed above that have separate rates, the cash deposit 
rate will continue to be the exporter-specific rate published for the 
most recent period; 3) for all PRC exporters of subject merchandise 
which have not been found to be entitled to a separate rate, the cash 
deposit rate will be the PRC-wide rate of 108.26 percent; and 4) for 
all non-PRC exporters of subject merchandise which have not received 
their own rate, the cash deposit rate will be the rate applicable to 
the PRC exporters that supplied that non-PRC exporter. These deposit 
requirements shall remain in effect until further notice.

Notification of Interested Parties

    This notice also 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. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 terms of an APO 
is a violation that is subject to sanctions.
    We are issuing and publishing these final results of administrative 
review and notice in accordance with sections 751(a)(1) and 777(i)(1) 
of the Act.

    Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administrtation.

Appendix I

List of Issues

Comment 1: Application of Facts Available with Adverse Inferences to 
TMI
Comment 2: Reconciliation of TMI's Financial Statements
Comment 3: Amended Preliminary Results based on Verification
Comment 4: Sulfur and Dolomite
Comment 5: By-product Cement Clinker
Comment 6: By-product Waste Magnesium
Comment 7: Surrogate Values for No. 2 Flux
Comment 8: Surrogate Values for Coal
Comment 9: Surrogate Financial Statements
Comment 10: China Wage Rate

[FR Doc. E9-29727 Filed 12-11-09; 8:45 am]
BILLING CODE 3510-DS-S