[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices]
[Page 66089-66090]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de09-26]
[[Page 66089]]
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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 Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On June 8, 2009, the Department published its preliminary
results in the antidumping duty administrative review of pure magnesium
from the PRC.\1\ The period of review (``POR'') for the administrative
review is May 1, 2007, through April 30, 2008. We have determined that
Tianjin Magnesium International Co., Ltd. (``TMI''), the only
respondent in this review, made sales in the United States at prices
below normal value (``NV''). There are no other respondents covered by
this review. We invited interested parties to comment on our
preliminary results in this review. Based on our analysis of the
comments we received in the administrative review, we made certain
changes to our Preliminary Results. The final dumping margins for this
review are listed in the ``Final Results Margins'' section below.
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\1\ See Pure Magnesium from the People's Republic of China:
Preliminary Results of Antidumping Duty Administrative Review, 74 FR
27090 (June 8, 2009) (``Preliminary Results'').
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EFFECTIVE DATE: December 14, 2009.
FOR FURTHER INFORMATION CONTACT: Eugene Degnan, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-0414, respectively.
Background
The Department published its preliminary results on June 8,
2009.\2\ We invited parties to comment on the Preliminary Results. We
received comments from Petitioner,\3\ TMI and Alcoa Inc., a U.S.
consumer of pure magnesium. Interested parties submitted case and
rebuttal briefs on July 17 and July 23, 2008, respectively. On
September 29, 2008, the Department extended the deadline for the final
results to December 8, 2008.\4\ We held a hearing on November 20, 2008,
in which all interested parties participated.
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\2\ See Preliminary Results.
\3\ United States Magnesium LLC.
\4\ See Pure Magnesium From the People's Republic of China:
Extension of Time for the Final Results of the Antidumping Duty
Administrative Review, 74 FR 48904 (September 24, 2009).
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Verification
As provided in section 782(i) of the Tariff Act of 1930, as amended
(``the Act''), we verified the information submitted by TMI for use in
our final results of review.\5\ We used standard verification
procedures, including examination of relevant accounting and production
records, as well as original source documents provided by TMI.
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\5\ See Memorandum to Wendy J. Frankel, ``Verification of the
Sales and Factors Responses of Tianjin Magnesium International, Ltd.
in the 2007-2008 Administrative Review of the Antidumping Duty Order
on Pure Magnesium from the People's Republic of China, (``TMI
Verification Report'')'' dated November 4, 2009, on the record of
this review Central Records Unit (``CRU''), Room 1117 of the main
Department building.
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Period of Review
The POR is May 1, 2007, through April 30, 2008.
Scope of the Order
Merchandise covered by this order is pure magnesium regardless of
chemistry, form or size, unless expressly excluded from the scope of
this 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 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 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 (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 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.
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 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.
Separate Rate
In the Preliminary Results, we determined that TMI met the criteria
for the application of a separate antidumping duty rate.\6\ We have
continued to grant TMI a separate rate because we have not received any
information since the Preliminary Results which would warrant
reconsideration of our separate-rate determination. Therefore, we have
assigned an individual antidumping duty margin to TMI for this review
period.
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\6\ See Preliminary Results, 74 FR at 27092-3.
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties in
this review are addressed in the memorandum from John M. Andersen,
Acting Deputy Assistant Secretary, for Antidumping and Countervailing
Duty Operations to Carole A. Showers, Acting Deputy Assistant Secretary
for Import Administration, ``Issues and Decision Memorandum for the
Final Results of the Antidumping Duty Administrative Review of Pure
Magnesium from the People's Republic of China,'' dated December 7,
2009, which is hereby adopted by this notice (``Issues and Decision
Memorandum''). A list of the issues which parties raised and to which
we respond in the Issues and Decision Memorandum is attached to this
notice as an Appendix. The Issues and Decision Memorandum is a public
[[Page 66090]]
document and is on file in the CRU, Main Commerce Building, Room 1117,
and is accessible on the Web at http://ia.ita.doc.gov/frn/. The paper
copy and electronic version of the memorandum are identical in content.
Changes Since the Preliminary Results
Based on the results of the verification and an analysis of the
comments received, the Department has assigned a margin based on
adverse facts available (``AFA''), to TMI for these final results.\7\
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\7\ For a complete discussion of the basis for, and application
of, AFA with respect to TMI in this review, see the Issues and
Decision Memorandum at Comment 1, and the Memorandum to the File,
``Application of Adverse Facts Available for Tianjin Magnesium
International, Ltd. in the Review of Pure Magnesium from the
People's Republic of China (``AFA Memorandum''),'' dated December 7,
2009.
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Use of Facts Available
The Department has determined that the information to construct an
accurate and otherwise reliable margin is not available on the record
with respect to TMI because TMI's producers withheld information that
had been requested, significantly impeded this proceeding, and provided
information that could not be verified, pursuant to sections 776(a)(1)
and (2)(A), (C) and (D) of the of Act.\8\ As a result, the Department
has determined to apply the facts otherwise available.\9\ Further,
because the Department finds that TMI's producers have failed to
cooperate to the best of their ability, pursuant to section 776(b) of
the Act, the Department has determined to use an adverse inference when
applying facts available in this review.\10\ As AFA, the Department is
applying a rate of 111.73, which is the highest calculated rate on the
record of any segment of the proceeding.\11\ In accordance with section
776(b) of the Act, the Department has corroborated this rate to the
extent practicable.\12\
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\8\ See AFA Memorandum at 12-13.
\9\ Id.
\10\ Id. at 13-14.
\11\ See Pure Magnesium From the People's Republic of China:
Final Results of Antidumping Duty Administrative Review, 73 FR 76336
(December 16, 2008) (``Pure Magnesium 06-07'').
\12\ See AFA Memorandum at 17-19.
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Final Results Margins
We determine that the following weighted-average percentage margins
exist for the POR:
Pure Magnesium from the PRC
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Weighted-Average
Exporter Margin (Percent)
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TMI................................................. 111.73 Percent
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Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries. The Department intends to issue assessment
instructions to CBP 15 days after the date of publication of these
final results of administrative review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of these final results of administrative review for all
shipments of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the publication date, as
provided for by section 751(a)(2)(C) of the Act: 1) for the exporter
listed above, the cash deposit rate will be the rate shown for that
company; 2) for previously investigated or reviewed PRC and non-PRC
exporters not listed above that have separate rates, the cash deposit
rate will continue to be the exporter-specific rate published for the
most recent period; 3) for all PRC exporters of subject merchandise
which have not been found to be entitled to a separate rate, the cash
deposit rate will be the PRC-wide rate of 108.26 percent; and 4) for
all non-PRC exporters of subject merchandise which have not received
their own rate, the cash deposit rate will be the rate applicable to
the PRC exporters that supplied that non-PRC exporter. These deposit
requirements shall remain in effect until further notice.
Notification of Interested Parties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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 Secretary's presumption that
reimbursement of the antidumping duties occurred and the subsequent
assessment of double antidumping duties.
This notice also serves as a reminder to parties subject to
administrative protective orders (``APOs'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/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 that is subject to sanctions.
We are issuing and publishing these final results of administrative
review and notice in accordance with sections 751(a)(1) and 777(i)(1)
of the Act.
Dated: December 7, 2009.
Carole A. Showers,
Acting Deputy Assistant Secretary for Import Administrtation.
Appendix I
List of Issues
Comment 1: Application of Facts Available with Adverse Inferences to
TMI
Comment 2: Reconciliation of TMI's Financial Statements
Comment 3: Amended Preliminary Results based on Verification
Comment 4: Sulfur and Dolomite
Comment 5: By-product Cement Clinker
Comment 6: By-product Waste Magnesium
Comment 7: Surrogate Values for No. 2 Flux
Comment 8: Surrogate Values for Coal
Comment 9: Surrogate Financial Statements
Comment 10: China Wage Rate
[FR Doc. E9-29727 Filed 12-11-09; 8:45 am]
BILLING CODE 3510-DS-S