[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Notices]
[Pages 51002-51004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20494]
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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: Initiation of Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``Department'') has received
information sufficient to warrant initiation of a changed circumstances
review of the antidumping duty order on pure magnesium in granular form
from the People's Republic of China (``PRC''). Specifically, based upon
a request filed by China Minmetals Non-ferrous Metals Co., Ltd.
(``CMN''), the Department is initiating a changed circumstances review
to determine whether CMN is the successor-in-interest to Minmetals
Precious &Rare Minerals Import and Export/China National Nonferrous
[[Page 51003]]
Metals Industry Trading Group Corp. (``Minmetals/CNNMIT''), a separate-
rate respondent in the original investigation.
EFFECTIVE DATE: August 18, 2010.
FOR FURTHER INFORMATION CONTACT: Eve Wang, AD/CVD Operations, Office 8,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 1401 Constitution Avenue, NW, Washington, DC
20230; telephone: 202-482-6231.
SUPPLEMENTARY INFORMATION:
Background
On November 19, 2001, the Department published in the Federal
Register an antidumping duty order on pure magnesium in granular form
from the PRC.\1\ As part of that order, Minmetals/CNNMIT received a
separate-rate of 24.67 percent.\2\ On June 28, 2010, CMN filed a
submission with the Department requesting that it conduct a changed
circumstances review of the antidumping duty order on pure magnesium in
granular form from the PRC to determine whether it is the successor-in-
interest to Minmetals/CNNMIT.\3\ In its submission, CMN provided a copy
of its Business License of Enterprise with Legal Person Status and
Notification For Name Change issued by Minmetals/CNNMIT's supplier. In
addition, CMN provided a narrative explanation describing its
operations, production facilities, management, suppliers, customers,
products and employees. As part of its June 28, 2010, submission, CMN
requested that the Department conduct an expedited review.
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\1\ See Antidumping Duty Order: Pure Magnesium in Granular Form
From the People's Republic of China, 66 FR 57936 (November 19,
2001).
\2\ Id. at 57937.
\3\ See Letter from CMN to the Department regarding Pure
Magnesium in Granular Form From the People's Public of China Request
for Changed Circumstances Review (June 28, 2010).
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Scope of the Order
The scope of this order excludes pure magnesium that is already
covered by an existing order \4\ 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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\4\ 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''\5\
(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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\5\ 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.
Initiation of Changed Circumstances Review
Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended
(``Act''), the Department will conduct a changed circumstances review
upon receipt of information concerning, or a request from, an
interested party for a review of an antidumping duty order which shows
changed circumstances sufficient to warrant a review of the order.
In accordance with 19 CFR 351.216(d), the Department has determined
that the information submitted by CMN constitutes sufficient evidence
to initiate a changed circumstances review. In an antidumping duty
changed circumstances review involving a successor-in-interest
determination, the Department typically examines several factors
including, but not limited to, changes in: (1) management; (2)
production facilities; (3) supplier relationships; and (4) customer
base.\6\ Although no single factor will necessarily provide a
dispositive indication that the requestor is the successor-in-interest
to the predecessor company, generally, the Department will consider one
company to be a successor-in-interest to another company if its
resulting operation is essentially similar to that of its
predecessor.\7\ Thus, if the record demonstrates that, with respect to
the production and sale of the subject merchandise, the new company
operates as the same business entity as the predecessor company, the
Department may assign the new company the cash deposit rate of its
predecessor.\8\
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\6\ See Certain Activated Carbon from the People's Republic of
China: Notice of Initiation of Changed Circumstances Review, 74 FR
19934 (April 30, 2009).
\7\ See, e.g., Notice of Initiation of Antidumping Duty Changed
Circumstances Review: Certain Forged Stainless Steel Flanges from
India, 71 FR 327 (January 4, 2006).
\8\ See Notice of Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Polychloroprene Rubber from
Japan, 67 FR 58 (January 2, 2002); see also Fresh and Chilled
Atlantic Salmon from Norway; Final Results of Changed Circumstances
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999).
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Based on the information provided in its submission, CMN has
provided sufficient evidence to initiate a review to determine whether
it is the successor-in-interest to Minmetals/CNNMIT. Therefore,
pursuant to section 751(b)(1) of the Act and 19 CFR 351.216(d), we are
initiating a changed circumstances review. Although CMN submitted
documentation related to its business scope and some limited
information and documentation regarding its supplier that the
Department considers in its successor-in-interest analysis, it did not
provide complete supporting documentation or conclusive evidence for
the four factors listed above. Accordingly, the Department has
determined that it is not expediting this action by combining the
[[Page 51004]]
preliminary results of review with this notice of initiation.\9\
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\9\ See 19 CFR 351.221(c)(3)(ii); see also Notice of Initiation
of Antidumping Duty Changed Circumstances Review: Certain Pasta From
Turkey, 74 FR 681 (January 7, 2009).
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The Department will issue questionnaires requesting additional
information for the review and will publish in the Federal Register a
notice of the preliminary results of the antidumping duty changed
circumstances review, in accordance with 19 CFR 351.221(b)(2) and (4),
and 19 CFR 351.221(c)(3)(i). That notice will set forth the factual and
legal conclusions upon which our preliminary results are based and a
description of any action proposed. Pursuant to 19 CFR
351.221(b)(4)(ii), interested parties will have an opportunity to
comment on the preliminary results of review. In accordance with 19 CFR
351.216(e), the Department will issue the final results of its
antidumping duty changed circumstances review not later than 270 days
after the date on which the review is initiated.
This notice is published in accordance with sections 751(b)(1) and
777(i)(1) of the Act and 19 CFR 351.216.
Dated: August 11, 2010.
Edward C. Yang,
Acting Deputy Assistant Sectary for Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010-20494 Filed 8-17-10; 8:45 am]
BILLING CODE 3510-DS-S