[Federal Register Volume 76, Number 150 (Thursday, August 4, 2011)]
[Notices]
[Pages 47147-47148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-19702]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Pure Magnesium in Granular Form From the People's Republic of 
China: Rescission of Antidumping Duty Administrative Review

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

DATES: August 4, 2011.
SUMMARY: On December 28, 2010, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of an administrative 
review of the antidumping duty order on pure magnesium in granular form 
from the People's Republic of China (``PRC'').\1\ The review covers one 
manufacturer/exporter of subject merchandise from the PRC: China 
Minmetals Non-Ferrous Metals Co., Ltd. (``CMN''). The period of review 
(``POR'') is November 1, 2009, through October 31, 2010. Following the 
receipt of a certification of no shipments from CMN and supporting 
evidence, we notified all interested parties of the Department's intent 
to rescind this review and provided an opportunity to comment on the 
rescission.\2\ We received no comments. Therefore, we are rescinding 
this administrative review.
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    \1\ See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Revocation in Part, 75 FR 81565 (December 
28, 2010) (``Initiation'').
    \2\ See Memorandum to the File, ``Intent to Rescind the 2009-
2010 Antidumping Duty Administrative Review of Pure Magnesium in 
Granular Form from the People's Republic of China--A-570-864,'' 
dated June 15, 2011 (``Intent to Rescind Memorandum'').

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, AD/CVD Operations, 
Office 8, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
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Washington, DC 20230; telephone: (202) 482-4243.

SUPPLEMENTARY INFORMATION: 

Background

    On November 1, 2010, the Department published a notice of 
opportunity to request an administrative review of the antidumping duty 
order on pure magnesium in granular form from the PRC for the period 
November 1, 2009, through October 31, 2010.\3\ On November 30, 2010, 
the Department received a timely request from U.S. Magnesium LLC 
(``U.S. Magnesium''), a domestic producer and Petitioner in the 
underlying investigation of this case, in accordance with 19 CFR 
351.213(b), for an administrative review of the antidumping duty order 
with respect to CMN. On December 28, 2010, in accordance with section 
751(a) of the Tariff Act of 1930, as amended (``the Act''), the 
Department published in the Federal Register a notice of initiation of 
this antidumping duty administrative review with respect to CMN.\4\ On 
February 15, 2011, CMN submitted a letter to the Department certifying 
that it did not export pure magnesium in granular form for consumption 
in the United States during the POR.\5\
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    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 67079 (November 1, 2010).
    \4\ See Initiation, 75 FR at 81569.
    \5\ See letter from CMN, ``Pure Magnesium in Granular Form from 
the People's Republic of China--No Sales Certification,'' date 
February 15, 2011.
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    On March 30, 2011, the Department placed on the record information 
obtained in response to the Department's ``No Shipments Inquiry'' to 
U.S. Customs and Border Protection (``CBP'') concerning imports into 
the United States of subject merchandise during the POR.\6\ These data 
indicate that CMN made no entries of subject merchandise during the 
POR.
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    \6\ See Memorandum to the File, ``Pure Magnesium in Granular 
Form from the People's Republic of China; Transmittal of U.S. 
Customs and Border Protection Information to the File,'' dated March 
30, 2011, at Attachment I.
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    On June 15, 2011, the Department notified interested parties of its 
intent to rescind this administrative review and gave parties until 
June 22, 2010, to provide comments.\7\ We did not receive any comments.
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    \7\ See Memorandum to the File, ``Pure Magnesium in Granular 
Form from the People's Republic of China: Intent to Rescind the 
2009-2010 Antidumping Duty Administrative Review of Pure Magnesium 
in Granular Form from the People's Republic of China--A-570-864,'' 
dated June 15, 2011.
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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

[[Page 47148]]

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'' \8\ 
(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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    \8\ 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, our written description 
of the scope of this order is dispositive.

Rescission of the Administrative Review

    Based upon the certifications and the evidence on the record, the 
Department finds CMN's claim of no shipments of subject merchandise to 
the United States during the POR to be substantiated. Pursuant to 19 
CFR 351.213(d)(3), the Department may rescind an administrative review, 
in whole or with respect to a particular exporter or producer, if it 
concludes that, during the period covered by the review, there were no 
entries, exports, or sales of the subject merchandise. Because there 
were no entries, exports, or sales of the subject merchandise by CMN, 
the Department is rescinding this review in accordance with 19 CFR 
351.213(d)(3). The Department intends to issue assessment instructions 
to CBP fifteen days after the publication of this notice. 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)(2).
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.213(d)(4).

    Dated: July 27, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-19702 Filed 8-3-11; 8:45 am]
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