[Federal Register Volume 75, Number 129 (Wednesday, July 7, 2010)]
[Notices]
[Pages 38983-38984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16508]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896, A-821-819]


Magnesium Metal From the People's Republic of China and the 
Russian Federation: Final Results of the Expedited Sunset Reviews of 
the Antidumping Duty Orders

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

SUMMARY: On March 1, 2010, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on magnesium metal from the People's Republic of China (``PRC'') and 
the Russian Federation (``Russia''), pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''). On March 16, 2010, US 
Magnesium LLS, the petitioner in the magnesium metal investigation, 
notified the Department that it intended to participate in the PRC and 
Russia sunset reviews. The Department did not receive a substantive 
response from any respondent party in either review. Based on the 
notices of intent to participate and adequate responses filed by the 
domestic interested party, and the lack of response from any respondent 
interested party, the Department conducted expedited sunset reviews of 
the orders pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2). As a result of these sunset reviews, the 
Department finds that revocation of the orders would likely lead to 
continuation or recurrence of dumping, at the levels indicated in the 
``Final Results of Sunset Reviews'' section of this notice, infra.

DATES: Effective Date: July 7, 2010.

FOR FURTHER INFORMATION CONTACT: Frances Veith, 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 March 1, 2010, the Department initiated sunset reviews of the 
Chinese and Russian antidumping duty orders on magnesium metal pursuant 
to section 751(c) of the Act. See Initiation of Five-Year (``Sunset'') 
Review, 75 FR 9160 (March 1, 2010); see also Notice of Antidumping Duty 
Order: Magnesium Metal From the People's Republic of China, 70 FR 19928 
(April 15, 2005) and Notice of Antidumping Duty Order: Magnesium Metal 
From the Russian Federation, 70 FR 19930 (April 15, 2005) 
(collectively, the ``Orders''). On March 16, 2010, the Department 
received timely notices of intent to participate in each of the sunset 
reviews from US Magnesium, pursuant to 19 CFR 351.218(d)(1)(i). In 
accordance with 19 CFR 351.218(d)(1)(ii)(A), US Magnesium claimed 
interested party status under section 771(9)(C) of the Act as a 
producer of the domestic like product.
    On March 31, 2010, US Magnesium filed substantive responses in each 
of the sunset reviews, within the 30-day deadline as specified in 19 
CFR 351.218(d)(3)(i). The Department did not receive a substantive 
response from any respondent interested party in either sunset review. 
As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 
351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset 
reviews of the Orders.

Scope of the Order

PRC
    The merchandise covered by the order is magnesium metal, which 
includes primary and secondary alloy magnesium metal, regardless of 
chemistry, raw material source, form, shape, or size. Magnesium is a 
metal or alloy containing by weight primarily the element magnesium. 
Primary magnesium is produced by decomposing raw materials into 
magnesium metal. Secondary magnesium is produced by recycling 
magnesium-based scrap into magnesium metal. The magnesium covered by 
the order includes blends of primary and secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes, magnesium ground, chipped, crushed, or machined into 
raspings, granules, turnings, chips, powder, briquettes, and other 
shapes: Products that contain 50 percent or greater, but less than 99.8 
percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \1\ and thus are outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \1\ 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 scope of the order excludes the following merchandise: (1) All 
forms of pure magnesium, including chemical combinations of 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\ (2) magnesium 
that is in liquid or molten form; and (3) mixtures containing 90 
percent or less magnesium in granular or powder form, by weight, and 
one or more of certain non-magnesium granular materials to make 
magnesium-based reagent mixtures, including lime, calcium metal, 
calcium silicon, calcium carbide, calcium carbonate, carbon, slag 
coagulants, fluorspar, nephaline syenite, feldspar, alumina (Al203), 
calcium aluminate, soda ash, hydrocarbons, graphite, coke, silicon, 
rare earth metals/mischmetal, cryolite, silica/fly ash, magnesium 
oxide, periclase, ferroalloys, dolomite lime, and colemanite.\3\
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    \2\ This material is already covered by existing antidumping 
orders. 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), and Antidumping Duty 
Order: Pure Magnesium in Granular Form From the People's Republic of 
China, 66 FR 57936 (November 19, 2001).
    \3\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from the PRC, Israel, and Russia. See 
Notice of Final Determination of Sales at Less Than Fair Value: Pure 
Magnesium in Granular Form From the People's Republic of China, 66 
FR 49345 (September 27, 2001)(``Pure Magnesium Granular PRC 
Final''); Notice of Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001) 
(``Pure Magnesium Granular Israel Final''); Notice of Final 
Determination of Sales at Not Less Than Fair Value: Pure Magnesium 
From the Russian Federation, 66 FR 49347 (September 27, 2001) 
(``Pure Magnesium Granular Russia Final''). These mixtures are not 
magnesium alloys because they are not chemically combined in liquid 
form and cast into the same ingot.

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[[Page 38984]]

    The merchandise subject to the order is currently classifiable 
under items 8104.19.00 and 8104.30.00 of the Harmonized Tariff Schedule 
of the United States (``HTSUS''). Although the HTSUS items are provided 
for convenience and customs purposes, the written description of the 
subject merchandise is dispositive.
Russia
    The merchandise covered by the order are primary and secondary pure 
and alloy magnesium metal, regardless of chemistry, raw material 
source, form, shape, or size. Magnesium is a metal or alloy containing 
by weight primarily the element magnesium. Primary magnesium is 
produced by decomposing raw materials into magnesium metal. Secondary 
magnesium is produced by recycling magnesium-based scrap into magnesium 
metal. The magnesium covered by the order includes blends of primary 
and secondary magnesium.
    The subject merchandise includes the following pure and alloy 
magnesium metal products made from primary and/or secondary magnesium, 
including, without limitation, magnesium cast into ingots, slabs, 
rounds, billets, and other shapes, and magnesium ground, chipped, 
crushed, or machined into raspings, granules, turnings, chips, powder, 
briquettes, and other shapes: (1) Products that contain at least 99.95 
percent 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 magnesium, by weight (generally referred to as 
``pure'' magnesium); and (3) chemical combinations of magnesium and 
other material(s) in which the magnesium content is 50 percent or 
greater, but less that 99.8 percent, by weight, whether or not 
conforming to an ``ASTM Specification for Magnesium Alloy.'' \4\
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    \4\ 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 scope of the order excludes: (1) Magnesium that is in liquid or 
molten form; and (2) mixtures containing 90 percent or less magnesium 
in granular or powder form by weight and one or more of certain non-
magnesium granular materials to make magnesium-based reagent mixtures, 
including lime, calcium metal, calcium silicon, calcium carbide, 
calcium carbonate, carbon, slag coagulants, fluorspar, nephaline 
syenite, feldspar, alumina (Al203), calcium aluminate, soda ash, 
hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, 
cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, 
dolomite lime, and colemanite.\5\
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    \5\ This second exclusion for magnesium-based reagent mixtures 
is based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See Pure 
Magnesium Granular PRC Final; Pure Magnesium Granular Israel Final; 
Pure Magnesium Granular Russia Final. These mixtures are not 
magnesium alloys, because they are not chemically combined in liquid 
form and cast into the same ingot.
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    The merchandise subject to this investigation is classifiable under 
items 8104.11.00, 8104.19.00, and 8104.30.00 of the Harmonized Tariff 
Schedule of the United States (``HTSUS''). Although the HTSUS items are 
provided for convenience and customs purposes, the written description 
of the merchandise under investigation is dispositive.

Analysis of Comments Received

    A complete discussion of all issues raised in these sunset reviews 
are addressed in the accompanying Issues and Decision Memorandum, which 
is hereby adopted by this notice. See the Department's memorandum 
entitled, ``Issues and Decision Memorandum for the Final Results in the 
Expedited Sunset Reviews of the Antidumping Duty Orders on Magnesium 
Metal from the People's Republic of China and the Russian Federation,'' 
dated June 29, 2010 (``I&D Memo''). The issues discussed in the 
accompanying I&D Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the dumping margin likely to 
prevail if the Orders were revoked. Parties can obtain a copy of this 
public memorandum on file in the Central Records Unit, room 1117, of 
the main Commerce building. In addition, a complete public copy of the 
I&D Memo can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the I&D Memo are 
identical in content.

Final Results of Sunset Reviews

    The Department determines that revocation of the Orders on 
magnesium metal would likely lead to continuation or recurrence of 
dumping. The Department also determines that the dumping margins likely 
to prevail if the Orders were revoked are as follows:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers               margin (%)
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The People's Republic of China
    Tianjin Magnesium International Co., Ltd........               49.66
    Beijing Guangling Jinghua Science & Technology                 49.66
     Co., Ltd.......................................
    PRC-Wide Entity.................................              141.49
The Russian Federation
    PSC VSMPO-AVISMO Corporation....................               21.71
    Solikamsk Magnesium Works.......................               18.65
    All-Others' Rate................................               21.01
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Notification Regarding Administrative Protective Order

    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 19 CFR 351.305. 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(c), and 777(i)(1) of the Act.

    Dated: June 29, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-16508 Filed 7-6-10; 8:45 am]
BILLING CODE 3510-DS-P