[Federal Register Volume 76, Number 194 (Thursday, October 6, 2011)]
[Notices]
[Pages 62040-62042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25890]


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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 Expedited Third Sunset Review of the Antidumping Duty Order

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

SUMMARY: On June 1, 2011, the Department of Commerce (``the 
Department'') initiated the third five-year (``sunset'') review of the 
antidumping duty order on pure magnesium from the People's Republic of 
China (``PRC'') pursuant to section 751(c) of the Tariff Act of 1930, 
as amended (``the Act''). On the basis of a notice of intent to 
participate and adequate substantive response filed on behalf of the 
domestic interested party, and no adequate response from a respondent 
interested party, the Department conducted an expedited (120-day) 
sunset review of the antidumping duty order. As a result of this 
review, the Department finds that

[[Page 62041]]

revocation of the antidumping duty order on pure magnesium from the PRC 
would be likely to lead to continuation or recurrence of dumping at the 
levels indicated in the ``Final Results of Review'' section of this 
notice.

DATES: Effective Date: October 6, 2011.

FOR FURTHER INFORMATION CONTACT: Brooke Kennedy, AD/CVD Operations, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3818.

SUPPLEMENTARY INFORMATION:

Background

    On June 1, 2011, the Department initiated the third sunset review 
of the antidumping duty order on pure magnesium from the PRC, pursuant 
to section 751(c) of the Act. See Initiation of Five-Year ``Sunset'' 
Review, 76 FR 31588 (June 1, 2011); see also 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) 
(``Order''). On June 13, 2011, the Department received notice of intent 
to participate on behalf of US Magnesium LLC (``US Magnesium''), within 
the applicable deadline specified in 19 CFR 351.218(d)(1)(i). See 
Letter from US Magnesium, Third Five-Year (``Sunset'') Review of 
Antidumping Duty Order On Pure Magnesium (Ingot) From the People's 
Republic of China: The Domestic Industry's Notice of Intent To 
Participate, dated June 13, 2011. The domestic interested party claimed 
interested party status under section 771(9)(C) of the Act, as a 
manufacturer of pure magnesium in the United States. On July 1, 2011, 
the Department received a complete substantive response from the 
domestic interested party within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). We received no substantive response from a 
respondent interested party in this proceeding. As a result, pursuant 
to 19 CFR 351.218(e)(1)(ii)(C), the Department conducted an expedited, 
120-day, sunset review of this Order.

Scope of the Order

    Merchandise covered by the order is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
the 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% primary magnesium, by 
weight (generally referred to as ``ultra pure'' magnesium);
    (2) Products that contain less than 99.95% but not less than 99.8% 
primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products that contain 50% or greater, but less than 99.8% 
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% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of the 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% by weight), and remelted magnesium 
whose pure primary magnesium content is less than 50% by weight.
    Pure magnesium products covered by the 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.\1\
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    \1\ The Department has made two scope rulings regarding the 
subject merchandise. On November 9, 2006, the Department issued a 
scope ruling, finding that alloy magnesium extrusion billets 
produced in Canada by Timminco, Ltd. from pure magnesium of Chinese 
origin are not within the scope of Order. See Memorandum regarding 
Final Ruling in the Scope Inquiry on Russian and Chinese Magnesium 
Processed in Canada, dated November 9, 2006. On December 4, 2006, 
the Department issued a scope ruling, finding that pure magnesium 
produced in France using pure magnesium from the PRC is within the 
scope of the Order. See Memorandum regarding Final Ruling in the 
Scope Inquiry on Chinese Magnesium Processed in France, dated 
December 4, 2006.
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Analysis of Comments Received

    All issues raised by parties to this sunset review are addressed in 
the Issues and Decision Memorandum for the Final Results of the 
Expedited Third Sunset Review of the Antidumping Duty Order on Pure 
Magnesium from the People's Republic of China from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration (``Decision Memorandum''), dated concurrently 
with this notice. The issues discussed in the Decision Memorandum 
include the likelihood of continuation or recurrence of dumping and the 
magnitude of the margins likely to prevail were the order revoked. 
Parties may find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the CRU. In addition, a complete version of the 
Decision Memorandum may be accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the Order would likely lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                              Weighted-
             Manufacturers/Exporters/ Producers                average
                                                                margin
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PRC-wide...................................................     108.26%
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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

[[Page 62042]]

APO is a violation which is subject to sanction.
    This sunset review and notice are in accordance with sections 
751(c), 752, and 777(i)(1) of the Act.

    Dated: September 29, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25890 Filed 10-5-11; 8:45 am]
BILLING CODE 3510-DS-P