[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39919-39920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19098]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-819]
Magnesium Metal From the Russian Federation: Final Results and
Partial Rescission of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 6, 2009, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on magnesium metal from the Russian Federation. The review
covers two manufacturers/exporters, PSC VSMPO-AVISMA Corporation
(AVISMA) and Solikamsk Magnesium Works (SMW). The period of review
(POR) is April 1, 2007, through March 31, 2008.
Based on our analysis of the comments received we have made no
changes in the margin for AVISMA. Therefore, the final results do not
differ from the preliminary results. The final margin for AVISMA is
listed below in the section entitled ``Final Results of the Review.''
DATES: Effective Date: August 10, 2009.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 6, 2009, the Department of Commerce (the Department)
published the preliminary results of the administrative review of the
antidumping duty order on magnesium metal from the Russian Federation.
See Magnesium Metal From the Russian Federation: Preliminary Results of
Antidumping Duty Administrative Review and Intent To Rescind in Part,
74 FR 15435 (April 6, 2009) (Preliminary Results).
We invited interested parties to comment on the Preliminary
Results. At the request of certain parties, we held a public hearing on
June 10, 2009. The Department has conducted this administrative review
in accordance with section 751 of the Tariff Act of 1930, as amended
(the Act).
Scope of the Order
The merchandise covered by the order is magnesium metal (also
referred to as magnesium), which includes primary and secondary pure
and 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 the order includes blends of primary
and secondary magnesium.
The subject merchandise includes the following pure and alloy
magnesium metal products made from primary and/or secondary magnesium,
including, without limitation, magnesium cast into ingots, slabs,
rounds, billets, and other shapes, and magnesium ground, chipped,
crushed, or machined into raspings, granules, turnings, chips, powder,
briquettes, and other shapes: (1) Products that contain at least 99.95
percent 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 magnesium, by weight (generally referred to as
``pure'' magnesium); and (3) chemical combinations of magnesium and
other material(s) in which the magnesium content is 50 percent or
greater, but less that 99.8 percent, by weight, whether or not
conforming to an ``ASTM Specification for Magnesium Alloy''.
The scope of the order excludes (1) magnesium that is in liquid or
molten form and (2) 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 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.\1\
---------------------------------------------------------------------------
\1\ This second 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
Notice of 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), Notice of Final Determination of
Sales at Less Than Fair Value: Pure Magnesium From Israel, 66 FR
49349 (September 27, 2001), and Notice of 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 chemically combined in liquid
form and cast into the same ingot.
---------------------------------------------------------------------------
The merchandise subject to the order is currently classifiable
under items 8104.11.00, 8104.19.00, 8104.30.00, and 8104.90.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS item numbers are provided for convenience and customs purposes,
the written description of the merchandise covered by the order is
dispositive.
Rescission of Review in Part
On June 20, 2008, SMW submitted a letter indicating that it made no
sales to the United States during the POR. We did not receive comments
on SMW's submission. We confirmed SMW's claim of no shipments by
reviewing U.S. Customs and Border Protection (CBP) documentation. See
Memorandum from International Trade Compliance Analyst to the File
dated March 24, 2009. Because we find that SMW had no shipments of
subject merchandise during the POR, we are rescinding the
administrative review with respect to SMW pursuant to 19 CFR
351.213(d)(3).
Analysis of the Comments Received
All issues raised in the case and rebuttal briefs by parties to
this administrative review of the order on magnesium metal from the
Russian Federation are addressed in the ``Issues and Decision
Memorandum'' from John M. Andersen, Acting Deputy Assistant Secretary,
to Ronald K. Lorentzen, Acting Assistant Secretary, dated August 4,
2009 (Decision Memo), which is hereby adopted by this notice. A list of
the issues which parties have raised and to which we have responded is
in the Decision Memo and attached to this notice as an Appendix. The
Decision Memo, which is a public document, is on file in the Central
Records Unit, main Department of Commerce building, Room 1117, and is
accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The
paper copy and electronic version of the Decision Memo are identical in
content.
Use of Adverse Facts Available
For the final results, we continue to find that, by ending its
participation in the review and requesting removal of its
[[Page 39920]]
business-proprietary information from the record, AVISMA did not act to
the best of its ability to comply with our requests for information.
Thus, we continue to find that the use of adverse facts available is
warranted for AVISMA under sections 776 (a)(2) and (b) of the Act. See
Preliminary Results, 74 FR at 15436-37. As we explained in the
Preliminary Results, the rate of 43.58 percent we selected as the
adverse facts available rate for AVISMA is the highest transaction-
specific rate on the record of the proceeding that we are able to
corroborate in accordance with section 776(c) of the Act. Id; see also
Decision Memo.
Final Results of the Review
We determine that a margin of 43.58 percent exists for AVISMA for
the period April 1, 2007, through March 31, 2008.
Assessment Rates
Because we are relying on total adverse facts available to
establish the dumping margin for AVISMA, we will instruct CBP to apply
a dumping margin of 43.58 percent to all entries of subject merchandise
during the POR that were produced and/or exported by AVISMA. We intend
to issue liquidation instructions to CBP 15 days after the publication
of these final results of review.
Cash-Deposit Requirements
The following deposit requirements will be effective upon
publication of this notice of final results of administrative review
for all shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication,
consistent with section 751(a)(2)(C) of the Act: (1) The cash-deposit
rate for AVISMA will be 43.58 percent; (2) for previously reviewed or
investigated companies other than AVISMA, the cash-deposit rate will
continue to be the company-specific rate published for the most recent
period; (3) if the exporter is not a firm covered in this review, a
prior review, or the original less-than-fair-value (LTFV) investigation
but the manufacturer is, the cash-deposit rate will be the rate
established for the most recent period for the manufacturer of the
merchandise; (4) the cash-deposit rate for all other manufacturers or
exporters will continue to be the all-others rate established in the
LTFV investigation, which is 21.01 percent. See Notice of Antidumping
Duty Order: Magnesium Metal From the Russian Federation, 70 FR 19930
(April 15, 2005). These deposit requirements shall remain in effect
until further notice.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Department's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). 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 the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: August 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
Appendix
Selection of an Adverse Facts-Available Rate
[FR Doc. E9-19098 Filed 8-7-09; 8:45 am]
BILLING CODE 3510-DS-P