[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65450-65452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26931]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Final
Results of the 2008-2009 Antidumping Duty Administrative Review of the
Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 21, 2010, the Department of Commerce (``Department'')
published the preliminary results in the 2008-2009 antidumping duty
administrative review of magnesium metal from the People's Republic of
China (``PRC'').\1\ The period of review (``POR'') is April 1, 2008,
through March 31, 2009. 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. Based on our
analysis of the comments received, we made changes to our margin
calculations for TMI. The final dumping margin for this review is
listed in the ``Final Results Margins'' section below.
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\1\ See Magnesium Metal from the People's Republic of China:
Preliminary Results of the 2008-2009 Administrative Review of the
Antidumping Duty Order, 75 FR 20817 (April 21, 2010) (``Preliminary
Results'').
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DATES: Effective Date: October 25, 2010.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Sergio Balbontin, Eve
Wang, or 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) 482-4243, (202) 482-6478, (202) 482-6231 and
(202) 482-0414, respectively.
Background
On April 21, 2010, the Department published its Preliminary Results
in the antidumping duty administrative review of magnesium metal from
the People's Republic of China (``PRC'').\2\ On April 30, 2010, US
Magnesium LLC (``Petitioner'') requested a hearing for issues raised in
the case and rebuttal briefs.
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\2\ See Preliminary Results.
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On May 14, 2010, all parties (Petitioner and TMI) submitted
publicly available surrogate value data to value TMI's factors of
production. On May 24, parties submitted rebuttal comments addressing
the May 14, 2010 submissions. On July 14, 2010, the Department re-
opened the record to place additional wage rate information on the
record for consideration in the final results, and requested parties to
provide comments on that data in their case and rebuttal briefs.
We received the case briefs from Petitioner and TMI on July 22,
2010, and rebuttal briefs on July 27, 2010. In addition, on August 26,
2010, TMI provided comments on the Department's July 14, 2010, wage
rate information. On August 30, 2010, Petitioner provided rebuttal
comments to TMI's wage rate comment.
On August 18, 2010, the Department extended the deadline for the
final
[[Page 65451]]
results of review to October 18, 2010.\3\ The Department held a public
hearing on September 1, 2010, which included discussion regarding the
wage rate information submitted by the parties subsequent to the case
and rebuttal briefs.
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\3\ See Magnesium Metal from the People's Republic of China;
Extension of Time for the Final Results of the Antidumping Duty
Administrative Review, 75 FR 50992 (August 18, 2010).
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Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in this review are addressed in the Memorandum from Susan H. Kuhbach,
Acting Deputy Assistant Secretary for Antidumping and Countervailing
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for
Import Administration, regarding, Magnesium Metal from the People's
Republic of China: Issues and Decision Memorandum for the Final Results
of the 2008-2009 Administrative Review, dated October 18, 2010
(``Issues and Decision Memorandum''), which is hereby adopted by this
notice. A list of the issues that parties raised and to which we
responded in the Issues and Decision Memorandum follows as an appendix
to this notice. The Issues and Decision Memorandum is a public document
and is on file 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. The paper copy and electronic version of the Issues
and Decision Memorandum are identical in content.
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.\4\ 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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\4\ See Memorandum to Wendy J. Frankel, ``Antidumping Duty
Administrative Review of Magnesium Metal from the People's Republic
of China: Verification of the Sales and Factors of Production of
Tianjin Magnesium Industries, (``TMI Verification Report'')'' dated
July 1, 2010, on the record of this review CRU, Room 7046 of the
main Department building.
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Period of Review
The POR is April 1, 2008, through March 31, 2009.
Scope of the Order
The product covered by this antidumping duty order is magnesium
metal from the PRC, which includes primary and secondary 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 this order includes blends of primary and
secondary magnesium.
The subject merchandise includes the following alloy magnesium
metal products made from primary and/or secondary magnesium including,
without limitation, magnesium cast into ingots, slabs, rounds, billets,
and other shapes; magnesium ground, chipped, crushed, or machined into
rasping, granules, turnings, chips, powder, briquettes, and other
shapes; and products that contain 50 percent or greater, but less than
99.8 percent, magnesium, by weight, and that have been entered into the
United States as conforming to an ``ASTM Specification for Magnesium
Alloy'' \5\ and are thus outside the scope of the existing antidumping
orders on magnesium from the PRC (generally referred to as ``alloy''
magnesium).
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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 for
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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The scope of this order excludes: (1) All forms of pure magnesium,
including chemical combinations of 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'' \6\; (2) magnesium that is in
liquid or molten form; and (3) 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.\7\
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\6\ The material is already covered by existing antidumping
orders. 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); and Antidumping Duty
Order: Pure Magnesium in Granular Form from the People's Republic of
China, 66 FR 57936 (November 19, 2001).
\7\ This third 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
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); Final Determination of Sales at Less Than Fair
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001);
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
combined in liquid form and cast into the same ingot.
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The merchandise subject to this order is classifiable under items
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the
United States (``HTSUS''). Although the HTSUS items are provided for
convenience and customs purposes, the written description of the
merchandise is dispositive.
Changes Since the Preliminary Results
Based on an analysis of the comments received, the Department has
made certain changes in the margin calculation. For the final results,
the Department has made the following changes:
We revised our determination of the surrogate financial
ratios to include the financial statements of Gujarat Foils Ltd. with
those of Sudal Industries, Ltd., which we used in the preliminary
results of review. See Comment 1 of the accompanying Issues and
Decision Memorandum.
We revised the surrogate wage rate. See Comments 3 through
6 of the accompanying Issues and Decision Memorandum.
We revised the surrogate value for brokerage and handling.
See Comments 8 of the accompanying Issues and Decision Memorandum.
Final Results Margin
We determine the weighted-average dumping margin for TMI for the
period April 1, 2008, through March 31, 2009, to be 0.00 percent.
Assessment Rates
Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b),
the Department will determine, and U.S. Customs and Border Protection
(``CBP'') shall assess, antidumping duties on all appropriate entries
of subject merchandise in accordance with the final results of this
review. For assessment purposes, we calculated
[[Page 65452]]
importer (or customer)-specific assessment rates for merchandise
subject to this review. Where appropriate, we calculated an ad valorem
rate for each importer (or customer) by dividing the total dumping
margins for reviewed sales to that party by the total entered values
associated with those transactions. For duty-assessment rates
calculated on this basis, we will direct CBP to assess the resulting ad
valorem rate against the entered customs values for the subject
merchandise. Where appropriate, we calculated a per-unit rate for each
importer (or customer) by dividing the total dumping margins for
reviewed sales to that party by the total sales quantity associated
with those transactions. For duty-assessment rates calculated on this
basis, we will direct CBP to assess the resulting per-unit rate against
the entered quantity of the subject merchandise. Where an importer (or
customer)-specific assessment rate is de minimis (i.e., less than 0.50
percent), the Department will instruct CBP to assess that importer (or
customer's) entries of subject merchandise without regard to
antidumping duties, in accordance with 19 CFR 351.106(c)(2). The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
Cash Deposit Requirements
The following cash deposit requirements will be effective upon
publication of the final results of this 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 TMI, the cash
deposit rate will be 0.00 percent, as listed above; (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 141.49 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 exporter that
supplied that non-PRC exporter. The deposit requirements shall remain
in effect until further notice.
Notification to Importers
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.
Notification to Interested Parties
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 which is subject to sanction.
Disclosure
We will disclose the calculations performed within five days of the
date of publication of this notice to parties in this proceeding in
accordance with 19 CFR 351.224(b).
We are issuing and publishing the final results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: October 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix I
Comment 1: The Selection of Surrogate Financial Statements
Comment 2: Information Contained in Petitioner's Case Brief Which is
Not on the Record of This Review
Comment 3: Whether the Department Should Calculate the Surrogate
Value for Labor Using Multiple Surrogate Countries or a Single
Country, India
Comment 4: Whether the Department Should Expand the List Of
Economically Comparable Countries
Comment 5: Whether To Use ILO Wage Data Contemporaneous With the POR
Rather Than Using Pre-POR Data and Adjusting for Inflation
Comment 6: Whether the Department Should Exclude Indian Data from
the Wage Rate Calculation
Comment 7: The Source of the Surrogate Value Foreign Inland Freight
Comment 8: The Surrogate Value for Brokerage and Handling
Comment 9: Valuation of Flux
Comment 10: The Accuracy of TMI's Reported Flux Consumption
Comment 11: The Appropriate HTS Classification for Magnesium Waste
and Scrap
[FR Doc. 2010-26931 Filed 10-22-10; 8:45 am]
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