[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Pages 33165-33166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-13580]


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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: Final Results of Expedited Second Sunset Review of Antidumping 
Duty Order

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

SUMMARY: On February 1, 2012, the Department of Commerce (``the 
Department'') initiated the second sunset review of the antidumping 
duty order on pure magnesium in granular form from the People's 
Republic of China (``the 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 an adequate substantive response filed on 
behalf of domestic interested parties, as well as lack of response from 
respondent interested parties, the Department conducted an expedited 
(120-day) sunset review. As a result of this sunset review, the 
Department finds that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping. The dumping 
margins likely to prevail are identified in the ``Final Results of 
Review'' section of this notice.

DATES: Effective Date: June 5, 2012.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Eugene Degnan, 
Office 8, 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-
4243 or (202) 482-0414.

[[Page 33166]]


SUPPLEMENTARY INFORMATION:

Background

    On February 1, 2012, the Department published the notice of 
initiation of the sunset review of the antidumping duty order on pure 
magnesium in granular form from the PRC.\1\ On February 16, 2012, the 
Department received a notice of intent to participate from US Magnesium 
LLC (``US Magnesium''), the domestic interested party, within the 
deadline specified in section 315.218(d)(1)(i) of the Department's 
regulations. US Magnesium claimed interested party status under section 
771(9)(C) of the Act, as a producer of the domestic-like product in the 
United States. On March 2, 2012, the Department received a complete 
substantive response from US Magnesium within the deadline specified in 
section 351.218(d)(3)(i) of the Department's regulations. We did not 
receive a response from any respondent interested party to this 
proceeding. As a result, pursuant to section 751(c)(3)(B) of the Act 
and section 351.218(e)(1)(ii)(C)(2) of the Department's regulations, 
the Department determined to conduct an expedited review of this order.
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    \1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 4995 
(February 1, 2012)(``Initiation Notice'').
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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).\2\ 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'').
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    \2\ 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).
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    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'' \3\ 
(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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    \3\ 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.\4\
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    \4\ The Department has issued four scope rulings with respect to 
pure magnesium in granular form. See Notice of Scope Rulings and 
Anticircumvention Inquiries, 68 FR 7772, 7774 (February 18, 2003); 
Memorandum to the File ``Pure Magnesium in Granular Form from the 
People's Republic of China: Final Scope Ruling: ESM Group Inc.,'' 
dated September 18, 2006; Memorandum to Christian Marsh, ``Pure 
Magnesium in Granular Form from the People's Republic of China: 
Final Scope Ruling on Granular Magnesium Ground in Mexico,'' dated 
October 27, 2011; Memorandum to Christian Marsh, ``Pure Magnesium in 
Granular Form from the People's Republic of China: Final Scope 
Ruling for ESM Group Inc. (Atomized Magnesium),'' dated October 28, 
2011.
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Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Christian Marsh, 
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations, to Paul Piquado, Assistant Secretary for Import 
Administration, dated concurrently with this notice, which is hereby 
adopted by 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 if the orders were revoked. 
The Decision Memorandum is a public document and is on file 
electronically via Import Administration's Antidumping and 
Countervailing Duty Centralized Electronic Service System (``IA 
ACCESS''). Access to IA ACCESS is available in the Central Records Unit 
(``CRU''), Main Commerce Building, Room 7046, and is also accessible on 
the Web at http://ia.ita.doc.gov/frn under the heading ``June 2012.'' 
The paper copy and electronic versions of the Decision Memorandum are 
identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on pure 
magnesium in granular form from the PRC would likely lead to 
continuation or recurrence of dumping at the following weighted-average 
percentage margins:

------------------------------------------------------------------------
                                                               Weighted
                                                               average
             Manufacturers/exporters/ producers                 margin
                                                              (percent)
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China Minmetals Precious & Rare Minerals Import and Export         24.67
 Corp......................................................
PRC-Wide Entity............................................       305.56
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    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 section 351.305 of the 
Department's regulations. 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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 29, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-13580 Filed 6-4-12; 8:45 am]
BILLING CODE 3510-DS-P