[Federal Register Volume 71, Number 3 (Thursday, January 5, 2006)]
[Notices]
[Pages 580-581]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8327]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Pure Magnesium from the People's Republic of China; Notice of
Final Results of Expedited Sunset Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 1, 2005, the Department of Commerce (``the
Department'') initiated the sunset review of the antidumping duty order
on pure magnesium from the People's Republic of China (``China''). See
Initiation of Five-Year (``Sunset'') Reviews, 70 FR 52074 (September 1,
2005). On the basis of a notice of intent to participate, and an
adequate substantive response filed on behalf of the domestic
interested party, and a 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 likely lead to the continuation or
recurrence of dumping. The dumping margin is identified in the Final
Results of Review section of this notice.
EFFECTIVE DATE: January 5, 2006.
FOR FURTHER INFORMATION CONTACT: Hilary Sadler, Esq. or Maureen
Flannery, AD/CVD Operations, International Trade Administration, U.S.
Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4340 or (202) 482-3020,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 2005, the Department published the notice of
initiation of the sunset review of the antidumping duty order on
magnesium from China pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). See Initiation of Five-Year
(``Sunset'') Reviews, 70 FR 52074 (September 1, 2005). On September 16,
2005, the Department received a notice of intent to participate from US
Magnesium, LLC, the domestic interested party, within the deadline
specified in section 351.218(d)(1)(i) of the Department's regulations.
The domestic interested party claimed interested party status under
section 771(9)(C) of the Act, as a manufacturer, producer, or
wholesaler in the United States of a domestic like product. On October
3, 2005, the Department received a complete substantive response from
the domestic interested party within the deadline specified in section
351.218(d)(3)(i) of the Department's regulations. The Department 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 conducted an expedited review of this order.
Scope of the Order
The product covered by this review is pure primary magnesium
regardless of chemistry, form or size, unless expressly excluded from
the scope of this order. Primary 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,
[[Page 581]]
desulfurization, and chemical reduction industries. In addition, pure
primary magnesium is used as an input in producing magnesium alloy.
Pure primary 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 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); and (3) Products (generally referred to as
``off-specification pure'' magnesium) that contain 50 percent or
greater, but less than 99.8 percent primary magnesium, by weight, and
that do not conform to ASTM specifications for alloy 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 percent by weight. It generally does not
contain, individually or in combination, 1.5 percent or more, by
weight, of the following alloying elements: aluminum, manganese, zinc,
silicon, thorium, zirconium and rare earths.
Since the antidumping duty order was issued, we have clarified that
the scope of the original order includes, but is not limited to, butt
ends, stubs, crowns and crystals. See May 22, 1997, instructions to
U.S. Customs and November 14, 1997, Final Scope Ruling of Antidumping
Duty Order on Pure Magnesium from China.
Excluded from the scope of this 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 percent by weight), and remelted
magnesium whose pure primary magnesium content is less than 50 percent
by weight. Pure magnesium products covered by this order are currently
classifiable under the 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.
Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memo'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to Joseph A.
Spetrini, Acting Assistant Secretary for Import Administration, dated
December 29, 2005, which is hereby adopted by this notice. The issues
discussed in the Decision Memo include the likelihood of continuation
or recurrence of dumping and the magnitude of the margins likely to
prevail if the order were revoked. Interested parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in room B-099 of the main Commerce building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the Decision Memo are identical in
content.
Final Results of Review
We determine that revocation of the antidumping duty order on pure
magnesium from China would be likely to lead to continuation or
recurrence of dumping at the following weighted-average percentage
margin:
------------------------------------------------------------------------
Weighted Average
Manufacturers/ Exporters/Producers Margin (percent)
------------------------------------------------------------------------
China-wide Rate..................................... 108.26
------------------------------------------------------------------------
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 these results and notice in
accordance with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: December 29, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-8327 Filed 1-4-06; 8:45 am]
BILLING CODE 3510-DS-S