[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Notices]
[Page 72172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30017]



[[Page 72172]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Continuation of Antidumping Duty Order: Pure Magnesium From the 
People's Republic of China

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

SUMMARY: As a result of the determinations by the Department of 
Commerce (the ``Department'') and the International Trade Commission 
(the ``ITC'') that revocation of the antidumping duty (``AD'') order on 
pure magnesium from the People's Republic of China (``PRC'') would be 
likely to lead to continuation or recurrence of dumping and of material 
injury to an industry in the United States, the Department is 
publishing this notice of continuation of the AD order.

DATES: Effective Date: November 22, 2011.

FOR FURTHER INFORMATION CONTACT: Brooke Kennedy or Eugene Degnan, 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 or (202) 482-0414.

SUPPLEMENTARY INFORMATION: On June 1, 2011, the Department initiated 
the third sunset review of the AD order on pure magnesium from the PRC 
pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``Act''). See Initiation of Five-Year ``Sunset'' Review, 76 FR 31588 
(June 1, 2011).
    As a result of its review, the Department determined that 
revocation of the AD order on pure magnesium from the PRC would be 
likely to lead to a continuation or recurrence of dumping, and, 
therefore, notified the ITC of the magnitude of the margins likely to 
prevail should the order be revoked. See Pure Magnesium From the 
People's Republic of China: Final Results of Expedited Third Sunset 
Review of the Antidumping Duty Order, 76 FR 62040 (October 6, 2011).
    On October 19, 2011, the ITC determined, pursuant to section 751(c) 
of the Act, that revocation of the existing AD order on pure magnesium 
from the PRC would be likely to lead to a continuation or recurrence of 
material injury to an industry in the United States within a reasonably 
foreseeable time. See USITC Publication 4274 (October 2011), Pure 
Magnesium from China: Investigation No. 731-TA-696 (Third Review), and 
Pure Magnesium From China, 76 FR 69284 (November 8, 2011).

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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Continuation of the Order

    As a result of these determinations by the Department and the ITC 
that revocation of the AD order on pure magnesium would be likely to 
lead to a continuation or recurrence of dumping, and material injury to 
an industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the AD order on 
pure magnesium from the PRC. U.S. Customs and Border Protection will 
continue to collect cash deposits at the rates in effect at the time of 
entry for all imports of subject merchandise. The effective date of the 
continuation of the order will be the date of publication in the 
Federal Register of this notice of continuation. Pursuant to section 
751(c)(2) of the Act, the Department intends to initiate the next five-
year review of the order not later than 30 days prior to the fifth 
anniversary of the effective date of continuation.
    This five-year (sunset) review and this notice are in accordance 
with section 751(c) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: November 14, 2011.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2011-30017 Filed 11-21-11; 8:45 am]
BILLING CODE 3510-DS-P