[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Notices]
[Pages 57021-57022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23691]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Rescission 
of Antidumping Duty Administrative Review

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


DATES: September 15, 2011.
SUMMARY: On May 27, 2011, the U.S. Department of Commerce (``the 
Department'') published a notice of initiation of an administrative 
review of the antidumping duty order on magnesium metal from the 
People's Republic of China (``PRC'').\1\ The review covers one 
manufacturer/exporter of subject merchandise from the PRC, Tianjin 
Magnesium International Co., Ltd. (``TMI''). The period of review 
(``POR'') is April 1, 2010 through March 31, 2011. Following the 
receipt of a certification of no shipments from TMI, and a subsequent 
no-shipment inquiry to U.S. Customs and Border Protection (``CBP''), on 
July 14, 2011, 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, 76 FR 30912 (May 27, 2011) (``Initiation'').
    \2\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China: Intent to Rescind the 2010-2011 
Antidumping Duty Administrative Review of Magnesium Metal from the 
People's Republic of China--A-570-896,'' dated July 14, 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 April 1, 2011, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
magnesium metal from the PRC for the period April 1, 2010 through March 
31, 2011.\3\ On May 2, 2011, U.S. Magnesium LLC (``U.S. Magnesium''), a 
domestic producer and Petitioner in the underlying investigation of 
this case, made a timely request that the Department conduct an 
administrative review of TMI.\4\ On May 27, 2011, 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.\5\ On June 14, 2011, TMI 
submitted a letter to the Department certifying that it did not export 
magnesium metal for sale in the United States during the POR and that 
it did not make entries of such merchandise into the United States 
during the POR.\6\
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    \3\ See Antidumping or Countervailing Duty Order, Finding, or 
Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 16426 (April 1, 2010).
    \4\ See letter from U.S. Magnesium, ``Magnesium Metal from the 
People's Republic of China: Request for Administrative Review,'' 
dated May 2, 2011.
    \5\ See Initiation, 76 FR at 30918.
    \6\ See letter from TMI, ``Magnesium Metal from the People's 
Republic of China; A-570-896; Certification of No Sales by Tianjin 
Magnesium International Co., Ltd.,'' dated June 14, 2011.
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    On June 20, 2011, the Department placed on the record information 
obtained in response to the Department's query to CBP concerning 
imports into the United States of subject merchandise during the 
POR.\7\ This data indicates that there were no entries of subject 
merchandise during the POR that had been exported by TMI. In addition, 
on June 30, 2011, we notified CBP that we were in receipt of a no-
shipment certification from TMI and requested CBP to report any 
contrary information within 10 days.\8\ CBP did not report any contrary 
information.
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    \7\ See Memorandum to the File, ``Magnesium Metal from the 
People's Republic of China; Transmittal of U.S. Customs and Border 
Protection Information to the File,'' dated June 20, 2011, at 
Attachment I.
    \8\ See CBP message number 1180301, ``No Shipments Inquiry For 
Magnesium Metal From China Exported By Tianjin Magnesium 
International Co., Ltd. (``TMI''),'' dated June 30, 2011.
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    On July 14, 2011, the Department notified interested parties of its 
intent to rescind this administrative review and gave parties until 
July 21, 2010, to provide comments. We did not receive any comments.

Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from the PRC, 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 this 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 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and 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'' \9\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \9\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of this order excludes: (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'' \10\; (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

[[Page 57022]]

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.\11\
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    \10\ The 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).
    \11\ This third 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 
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); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
Final Determination of Sales at Not Less Than Fair Value: Pure 
Magnesium From the Russian Federation, 66 FR 49347 (September 27, 
2001). These mixtures are not magnesium alloys, because they are not 
combined in liquid form and cast into the same ingot.
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    The merchandise subject to this order is 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 
merchandise is dispositive.

Rescission of the Administrative Review

    Based upon the certifications and the evidence on the record, the 
Department finds TMI'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 the 
Secretary concludes that, during the period covered by the review, 
there were no entries, exports, or sales of the subject merchandise. 
Therefore, the Department is rescinding this review in accordance with 
19 CFR 351.213(d)(3). The Department intends to instruct CBP fifteen 
days after the publication of this notice to liquidate such 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)(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: September 6, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-23691 Filed 9-14-11; 8:45 am]
BILLING CODE 3510-DS-P