[Federal Register Volume 76, Number 29 (Friday, February 11, 2011)]
[Notices]
[Pages 7813-7814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3139]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-832]
Amended Final Results of the 2008-2009 Antidumping Duty
Administrative Review: Pure Magnesium From the People's Republic of
China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On December 23, 2010, the Department of Commerce (``the
Department'') published in the Federal Register the Final Results of
the 2008-2009 administrative review of the antidumping duty order on
pure magnesium from the People's Republic of China (``PRC'').\1\ The
period of review (``POR'') covers May 1, 2008, through April 30, 2009.
We are amending our Final Results to correct ministerial errors made in
the calculation of the antidumping duty margin for Tianjin Magnesium
International Co., Ltd. (``TMI''), pursuant to section 751(h) of the
Tariff Act of 1930, as amended (``Act'').
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\1\ See Pure Magnesium From the People's Republic of China:
Final Results of the 2008-2009 Antidumping Duty Administrative
Review of the Antidumping Duty Order, 75 FR 80791 (December 23,
2010) (``Final Results''), and accompanying Issues and Decision
Memorandum.
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DATES: Effective Date: (December 23, 2010).
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, 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.
SUPPLEMENTARY INFORMATION:
Background
On December 23, 2010, the Department published the Final Results of
the 2008-2009 administrative review of the antidumping duty order on
pure magnesium from the PRC. In accordance with 19 CFR 351.224(b), the
Department disclosed the details of its calculations in the Final
Results to all interested parties on December 20, 2010.\2\ On December
23 and 27, 2010, respectively, US Magnesium LLC (``Petitioner'') and
TMI filed timely ministerial error allegations with respect to the
Department's antidumping duty margin calculations for TMI in the Final
Results. Petitioner provided rebuttal comments concerning TMI's
ministerial error allegation on January 3, 2011. No other party
provided ministerial error comments regarding the Final Results of this
review.
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\2\ See Memorandum to the File, ``Pure Magnesium from the
People's Republic of China: Release of the Business-Proprietary
Version of TMI's Final Analysis Memorandum,'' dated December 20,
2010.
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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% primary magnesium, by
weight (generally referred to as ``ultra pure'' magnesium);
(2) Products that contain less than 99.95% but not less than 99.8%
primary magnesium, by weight (generally referred to as ``pure''
magnesium); and
(3) Products that contain 50% or greater, but less than 99.8%
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% by weight. It generally does not
contain, individually or in combination, 1.5% 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% by weight), and remelted magnesium
whose pure primary magnesium content is less than 50% by weight.
Pure magnesium products covered by this order are currently
classifiable
[[Page 7814]]
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.
Ministerial Errors
A ministerial error is defined in section 751(h) of the Tariff Act
of 1930, as amended (``the Act''), and further clarified in 19 CFR
351.224(f) as ``an error in addition, subtraction, or other arithmetic
function, clerical error resulting from inaccurate copying,
duplication, or the like, and any other type of unintentional error
which the {Secretary{time} considers ministerial.''
After analyzing all interested parties' allegations and rebuttals,
in accordance with section 735(e) of the Act and 19 CFR 351.224(e), we
have determined that we made ministerial errors in the normal value and
net U.S. price calculations for TMI in the Final Results. For a
detailed discussion of these ministerial errors, as well as the
Department's analysis of the errors and allegations, see the Memorandum
to the File, ``Ministerial Error Memorandum for the Final Results of
the 2008-2009 Administrative Review of Pure Magnesium From the People's
Republic of China, dated February 4, 2011, on file in the Central
Records Unit, room 7047 in the main Department building.
Therefore, in accordance with section 751(h) of the Act and 19 CFR
351.224(e), we are amending the Final Results of the administrative
review of pure magnesium from the PRC. The revised weighted-average
dumping margin TMI is as follows:
------------------------------------------------------------------------
Original Amended
weighted- weighted-
Exporter average average
percent percent
margin margin
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Tianjin Magnesium International Co., Ltd...... 0.73 0.80
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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 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 sanction.
Disclosure
We will disclose the calculations performed for these amended final
results within five days of the date of publication of this notice to
interested parties in accordance with 19 CFR 351.224(b).
Assessment Rates
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
exporter/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. We intend to instruct CBP to liquidate entries
containing subject merchandise exported by the PRC-wide entity at the
PRC-wide rate we determined in the Final Results of this review. The
Department intends to issue appropriate assessment instructions
directly to CBP 15 days after publication of the amended final results
of this review.
Cash Deposit Requirements
The following cash deposit requirements will be effective on any
entries made on or after December 23, 2010, the date of publication of
the Final Results, 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 exporters listed above, the cash deposit rate will be the
rate shown for those companies (except if the rate is de minimis, i.e.,
less than 0.50 percent, a zero cash deposit will be required 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 111.73 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.
These amended final results are published in accordance with
sections 751(h) and 777(i)(1) of the Act.
Dated: February 3, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-3139 Filed 2-10-11; 8:45 am]
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