[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9252-9255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4163]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-1071 and 1072 (Review)]
Magnesium From China and Russia
AGENCY: United States International Trade Commission.
[[Page 9253]]
ACTION: Institution of five-year reviews concerning the antidumping
duty orders on magnesium from China and Russia.
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SUMMARY: The Commission hereby gives notice that it has instituted a
review pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C.
1675(c)) (the Act) to determine whether revocation of the antidumping
duty orders on magnesium from China and Russia would be likely to lead
to continuation or recurrence of material injury. Pursuant to section
751(c)(2) of the Act, interested parties are requested to respond to
this notice by submitting the information specified below to the
Commission; \1\ to be assured of consideration, the deadline for
responses is March 31, 2010. Comments on the adequacy of responses may
be filed with the Commission by May 14, 2010. For further information
concerning the conduct of these reviews and rules of general
application, consult the Commission's Rules of Practice and Procedure,
part 201, subparts A through E (19 CFR part 201), and part 207,
subparts A, D, E, and F (19 CFR part 207), as most recently amended at
74 FR 2847 (January 16, 2009).
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\1\ No response to this request for information is required if a
currently valid Office of Management and Budget (OMB) number is not
displayed; the OMB number is 3117-0016/USITC No. 10-5-211,
expiration date June 30, 2011. Public reporting burden for the
request is estimated to average 15 hours per response. Please send
comments regarding the accuracy of this burden estimate to the
Office of Investigations, U.S. International Trade Commission, 500 E
Street, SW., Washington, DC 20436.
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DATES: Effective Date: March 1, 2010.
FOR FURTHER INFORMATION CONTACT: Mary Messer (tel: 202-205-3193, e-
mail: [email protected]), Office of Investigations, U.S.
International Trade Commission, 500 E Street SW., Washington, DC 20436.
Hearing-impaired persons can obtain information on this matter by
contacting the Commission's TDD terminal on 202-205-1810. Persons with
mobility impairments who will need special assistance in gaining access
to the Commission should contact the Office of the Secretary at 202-
205-2000. General information concerning the Commission may also be
obtained by accessing its internet server (http://www.usitc.gov). The
public record for these reviews may be viewed on the Commission's
electronic docket (EDIS) at http://edis.usitc.gov.
SUPPLEMENTARY INFORMATION:
Background.--On April 15, 2005, the Department of Commerce issued
antidumping duty orders on imports of magnesium (also known as
magnesium metal) from China and Russia (70 FR 19928-19931). The
Commission is conducting reviews to determine whether revocation of the
orders would be likely to lead to continuation or recurrence of
material injury to the domestic industry within a reasonably
foreseeable time. It will assess the adequacy of interested party
responses to this notice of institution to determine whether to conduct
full reviews or expedited reviews. The Commission's determinations in
any expedited review will be based on the facts available, which may
include information provided in response to this notice.
Definitions.--The following definitions apply to these reviews:
(1) Subject Merchandise is the class or kind of merchandise that is
within the scope of the five-year reviews, as defined by the Department
of Commerce.
(2) The Subject Countries in these reviews are China and Russia.
(3) The Domestic Like Product is the domestically produced product
or products which are like, or in the absence of like, most similar in
characteristics and uses with, the Subject Merchandise. In its original
determinations, the Commission found one Domestic Like Product to
include pure and alloy magnesium, primary and secondary magnesium, and
ingot (cast) and granular magnesium. Certain Commissioners defined the
Domestic Like Product differently.
(4) The Domestic Industry is the U.S. producers as a whole of the
Domestic Like Product, or those producers whose collective output of
the Domestic Like Product constitutes a major proportion of the total
domestic production of the product. In its original determinations, the
Commission found one Domestic Industry consisting of all producers of
the Domestic Like Product, including grinders that produce granular
magnesium. Certain Commissioners defined the Domestic Industry
differently.
(5) The Order Date is the date that the antidumping duty orders
under review became effective. In these reviews, the Order Date is
April 15, 2005.
(6) An Importer is any person or firm engaged, either directly or
through a parent company or subsidiary, in importing the Subject
Merchandise into the United States from a foreign manufacturer or
through its selling agent.
Participation in the reviews and public service list.--Persons,
including industrial users of the Subject Merchandise and, if the
merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the reviews as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11(b)(4) of the Commission's rules, no later
than 21 days after publication of this notice in the Federal Register.
The Secretary will maintain a public service list containing the names
and addresses of all persons, or their representatives, who are parties
to the reviews.
Former Commission employees who are seeking to appear in Commission
five-year reviews are advised that they may appear in a review even if
they participated personally and substantially in the corresponding
underlying original investigation. The Commission's designated agency
ethics official has advised that a five-year review is not considered
the ``same particular matter'' as the corresponding underlying original
investigation for purposes of 18 U.S.C. 207, the post employment
statute for Federal employees, and Commission rule 201.15(b) (19 CFR
201.15(b)), 73 FR 24609 (May 5, 2008). This advice was developed in
consultation with the Office of Government Ethics. Consequently, former
employees are not required to seek Commission approval to appear in a
review under Commission rule 19 CFR Sec. 201.15, even if the
corresponding underlying original investigation was pending when they
were Commission employees. For further ethics advice on this matter,
contact Carol McCue Verratti, Deputy Agency Ethics Official, at 202-
205-3088.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and APO service list.--
Pursuant to section 207.7(a) of the Commission's rules, the Secretary
will make BPI submitted in these reviews available to authorized
applicants under the APO issued in the reviews, provided that the
application is made no later than 21 days after publication of this
notice in the Federal Register. Authorized applicants must represent
interested parties, as defined in 19 U.S.C. 1677(9), who are parties to
the reviews. A separate service list will be maintained by the
Secretary for those parties authorized to receive BPI under the APO.
Certification.--Pursuant to section 207.3 of the Commission's
rules, any person submitting information to the Commission in
connection with these reviews must certify that the information is
accurate and complete to the best of the submitter's knowledge. In
making the certification, the submitter will be deemed to consent,
unless otherwise specified, for the
[[Page 9254]]
Commission, its employees, and contract personnel to use the
information provided in any other reviews or investigations of the same
or comparable products which the Commission conducts under Title VII of
the Act, or in internal audits and investigations relating to the
programs and operations of the Commission pursuant to 5 U.S.C. Appendix
3.
Written submissions.--Pursuant to section 207.61 of the
Commission's rules, each interested party response to this notice must
provide the information specified below. The deadline for filing such
responses is March 31, 2010. Pursuant to section 207.62(b) of the
Commission's rules, eligible parties (as specified in Commission rule
207.62(b)(1)) may also file comments concerning the adequacy of
responses to the notice of institution and whether the Commission
should conduct expedited or full reviews. The deadline for filing such
comments is May 14, 2010. All written submissions must conform with the
provisions of sections 201.8 and 207.3 of the Commission's rules and
any submissions that contain BPI must also conform with the
requirements of sections 201.6 and 207.7 of the Commission's rules. The
Commission's rules do not authorize filing of submissions with the
Secretary by facsimile or electronic means, except to the extent
permitted by section 201.8 of the Commission's rules, as amended, 67 FR
68036 (November 8, 2002). Also, in accordance with sections 201.16(c)
and 207.3 of the Commission's rules, each document filed by a party to
the reviews must be served on all other parties to the reviews (as
identified by either the public or APO service list as appropriate),
and a certificate of service must accompany the document (if you are
not a party to the reviews you do not need to serve your response).
Inability to provide requested information.--Pursuant to section
207.61(c) of the Commission's rules, any interested party that cannot
furnish the information requested by this notice in the requested form
and manner shall notify the Commission at the earliest possible time,
provide a full explanation of why it cannot provide the requested
information, and indicate alternative forms in which it can provide
equivalent information. If an interested party does not provide this
notification (or the Commission finds the explanation provided in the
notification inadequate) and fails to provide a complete response to
this notice, the Commission may take an adverse inference against the
party pursuant to section 776(b) of the Act in making its
determinations in the reviews.
Information to be Provided in Response to this Notice of
Institution: If you are a domestic producer, union/worker group, or
trade/business association; import/export Subject Merchandise from more
than one Subject Country; or produce Subject Merchandise in more than
one Subject Country, you may file a single response. If you do so,
please ensure that your response to each question includes the
information requested for each pertinent Subject Country. As used
below, the term ``firm'' includes any related firms.
(1) The name and address of your firm or entity (including World
Wide Web address) and name, telephone number, fax number, and E-mail
address of the certifying official.
(2) A statement indicating whether your firm/entity is a U.S.
producer of the Domestic Like Product, a U.S. union or worker group, a
U.S. importer of the Subject Merchandise, a foreign producer or
exporter of the Subject Merchandise, a U.S. or foreign trade or
business association, or another interested party (including an
explanation). If you are a union/worker group or trade/business
association, identify the firms in which your workers are employed or
which are members of your association.
(3) A statement indicating whether your firm/entity is willing to
participate in these reviews by providing information requested by the
Commission.
(4) A statement of the likely effects of the revocation of the
antidumping duty orders on the Domestic Industry in general and/or your
firm/entity specifically. In your response, please discuss the various
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a))
including the likely volume of subject imports, likely price effects of
subject imports, and likely impact of imports of Subject Merchandise on
the Domestic Industry.
(5) A list of all known and currently operating U.S. producers of
the Domestic Like Product. Identify any known related parties and the
nature of the relationship as defined in section 771(4)(B) of the Act
(19 U.S.C. 1677(4)(B)).
(6) A list of all known and currently operating U.S. importers of
the Subject Merchandise and producers of the Subject Merchandise in
each Subject Country that currently export or have exported Subject
Merchandise to the United States or other countries since the Order
Date.
(7) A list of 3-5 leading purchasers in the U.S. market for the
Domestic Like Product and the Subject Merchandise (including street
address, World Wide Web address, and the name, telephone number, fax
number, and E-mail address of a responsible official at each firm).
(8) A list of known sources of information on national or regional
prices for the Domestic Like Product or the Subject Merchandise in the
U.S. or other markets.
(9) If you are a U.S. producer of the Domestic Like Product,
provide the following information on your firm's operations on that
product during calendar year 2009, except as noted (report quantity
data in metric tons and value data in U.S. dollars, f.o.b. plant). If
you are a union/worker group or trade/business association, provide the
information, on an aggregate basis, for the firms in which your workers
are employed/which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total U.S. production of the Domestic Like Product
accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Domestic Like
Product (i.e., the level of production that your establishment(s) could
reasonably have expected to attain during the year, assuming normal
operating conditions (using equipment and machinery in place and ready
to operate), normal operating levels (hours per week/weeks per year),
time for downtime, maintenance, repair, and cleanup, and a typical or
representative product mix);
(c) The quantity and value of U.S. commercial shipments of the
Domestic Like Product produced in your U.S. plant(s);
(d) The quantity and value of U.S. internal consumption/company
transfers of the Domestic Like Product produced in your U.S. plant(s);
and
(e) The value of (i) net sales, (ii) cost of goods sold (COGS),
(iii) gross profit, (iv) selling, general and administrative (SG&A)
expenses, and (v) operating income of the Domestic Like Product
produced in your U.S. plant(s) (include both U.S. and export commercial
sales, internal consumption, and company transfers) for your most
recently completed fiscal year (identify the date on which your fiscal
year ends).
(10) If you are a U.S. importer or a trade/business association of
U.S. importers of the Subject Merchandise from the Subject
Country(ies), provide the following information on your firm's(s')
operations on that product during calendar year 2009 (report quantity
data in metric tons and value data in U.S. dollars). If you are a
trade/business association, provide the information, on an aggregate
basis, for the firms which are members of your association.
[[Page 9255]]
(a) The quantity and value (landed, duty-paid but not including
antidumping) of U.S. imports and, if known, an estimate of the
percentage of total U.S. imports of Subject Merchandise from each
Subject Country accounted for by your firm's(s') imports;
(b) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. commercial shipments of Subject Merchandise imported
from each Subject Country; and
(c) the quantity and value (f.o.b. U.S. port, including antidumping
duties) of U.S. internal consumption/company transfers of Subject
Merchandise imported from each Subject Country.
(11) If you are a producer, an exporter, or a trade/business
association of producers or exporters of the Subject Merchandise in the
Subject Country(ies), provide the following information on your
firm's(s') operations on that product during calendar year 2009 (report
quantity data in metric tons and value data in U.S. dollars, landed and
duty-paid at the U.S. port but not including antidumping duties). If
you are a trade/business association, provide the information, on an
aggregate basis, for the firms which are members of your association.
(a) Production (quantity) and, if known, an estimate of the
percentage of total production of Subject Merchandise in each Subject
Country accounted for by your firm's(s') production;
(b) Capacity (quantity) of your firm to produce the Subject
Merchandise in each Subject Country (i.e., the level of production that
your establishment(s) could reasonably have expected to attain during
the year, assuming normal operating conditions (using equipment and
machinery in place and ready to operate), normal operating levels
(hours per week/weeks per year), time for downtime, maintenance,
repair, and cleanup, and a typical or representative product mix); and
(c) The quantity and value of your firm's(s') exports to the United
States of Subject Merchandise and, if known, an estimate of the
percentage of total exports to the United States of Subject Merchandise
from each Subject Country accounted for by your firm's(s') exports.
(12) Identify significant changes, if any, in the supply and demand
conditions or business cycle for the Domestic Like Product that have
occurred in the United States or in the market for the Subject
Merchandise in each Subject Country since the Order Date, and
significant changes, if any, that are likely to occur within a
reasonably foreseeable time. Supply conditions to consider include
technology; production methods; development efforts; ability to
increase production (including the shift of production facilities used
for other products and the use, cost, or availability of major inputs
into production); and factors related to the ability to shift supply
among different national markets (including barriers to importation in
foreign markets or changes in market demand abroad). Demand conditions
to consider include end uses and applications; the existence and
availability of substitute products; and the level of competition among
the Domestic Like Product produced in the United States, Subject
Merchandise produced in the Subject Country(ies), and such merchandise
from other countries.
(13) (OPTIONAL) A statement of whether you agree with the above
definitions of the Domestic Like Product and Domestic Industry; if you
disagree with either or both of these definitions, please explain why
and provide alternative definitions.
Authority: These reviews are being conducted under authority of
title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.61 of the Commission's rules.
By order of the Commission.
Issued: February 24, 2010.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010-4163 Filed 2-26-10; 8:45 am]
BILLING CODE 7020-02-P