[Federal Register Volume 76, Number 47 (Thursday, March 10, 2011)]
[Notices]
[Pages 13128-13130]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5512]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-819]
Magnesium Metal From the Russian Federation: Revocation of
Antidumping Duty Order Pursuant to Five-Year Sunset Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On March 1, 2010, the Department of Commerce (the Department)
initiated and the International Trade Commission (ITC) instituted the
sunset review of the antidumping duty order on magnesium metal from the
Russian Federation. On February 10, 2011, the ITC determined
[[Page 13129]]
that revocation of this antidumping duty order would not be likely to
lead to continuation or recurrence of material injury to an industry in
the United States within a reasonably foreseeable time. Therefore, the
Department is revoking the antidumping duty order on magnesium metal
from the Russian Federation.
DATES: Effective Date: April 15, 2010.
FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Minoo Hatten, AD/CVD
Operations, Office 5, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3477 or (202) 482-1690, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department published the antidumping duty order on magnesium
metal from the Russian Federation on April 15, 2005. See Notice of
Antidumping Duty Order: Magnesium Metal From the Russian Federation, 70
FR 19930 (April 15, 2005). Pursuant to section 751(c) of the Tariff Act
of 1930, as amended (the Act), and 19 CFR 351.218, the Department
initiated and the ITC instituted the sunset review of this order on
March 1, 2010. See Initiation of Five-Year (``Sunset'') Review, 75 FR
9160 (March 1, 2010); Magnesium From China and Russia, 75 FR 9252
(March 1, 2010). As a result of its sunset review, the Department found
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and, therefore, notified the ITC
of the magnitude of the margins likely to prevail should the order be
revoked. See Magnesium Metal From the People's Republic of China and
the Russian Federation: Final Results of the Expedited Sunset Reviews
of the Antidumping Duty Orders, 75 FR 38983 (July 7, 2010).
On February 10, 2011, the ITC determined pursuant to section 751(c)
of the Act that revocation of the antidumping duty order on magnesium
metal from the Russian Federation would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time. See Magnesium From
China and Russia, 76 FR 11813 (March 3, 2011), and USITC Publication
4214 (February 2011), entitled Magnesium from China and Russia:
Investigation Nos. 731-TA-1071-1072 (Review).
Scope of the Order
The merchandise covered by the order is magnesium metal (also
referred to as magnesium), which includes primary and secondary pure
and 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 the order includes blends of primary
and secondary magnesium.
The subject merchandise includes the following pure and alloy
magnesium metal products made from primary and/or secondary magnesium,
including, without limitation, magnesium cast into ingots, slabs,
rounds, billets, and other shapes, and magnesium ground, chipped,
crushed, or machined into raspings, granules, turnings, chips, powder,
briquettes, and other shapes: (1) Products that contain at least 99.95
percent 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 magnesium, by weight (generally referred to as
``pure'' magnesium); and (3) chemical combinations of magnesium and
other material(s) in which the magnesium content is 50 percent or
greater, but less that 99.8 percent, by weight, whether or not
conforming to an ``ASTM Specification for Magnesium Alloy.''
The scope of the order excludes: (1) Magnesium that is in liquid or
molten form; and (2) 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.\1\
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\1\ This second exclusion for magnesium-based reagent mixtures
is based on the exclusion for reagent mixtures in the 2001
investigations of magnesium from the People's Republic of China,
Israel, and the Russian Federation. See Notice of 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), and Notice of Final Determination of Sales at
Less Than Fair Value: Pure Magnesium From Israel, 66 FR 49349
(September 27, 2001); Notice of 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 chemically combined in liquid form and
cast into the same ingot.
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The merchandise subject to the order is currently classifiable
under items 8104.11.00, 8104.19.00, 8104.30.00, and 8104.90.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS item numbers are provided for convenience and customs purposes,
the written description of the merchandise covered by the order is
dispositive.
Revocation
As a result of the determination by the ITC that revocation of this
antidumping duty order is not likely to lead to continuation or
recurrence of material injury to an industry in the United States
within a reasonably foreseeable time, the Department is revoking the
antidumping duty order on magnesium metal from the Russian Federation,
pursuant to section 751(d) of the Act. Pursuant to section 751(d)(2) of
the Act and 19 CFR 351.222(i)(2)(i), the effective date of revocation
is April 15, 2010 (i.e., the fifth anniversary of the date of
publication in the Federal Register of the notice of the antidumping
duty order).
Effective Date of Revocation
Pursuant to section 751(c)(3)(A) of the Act and 19 CFR
351.222(i)(2)(i), the Department intends to issue instructions to U.S.
Customs and Border Protection, 15 days after publication of this
notice, to terminate the suspension of liquidation of merchandise
subject to the order which was entered, or withdrawn, for consumption
on or after April 15, 2010, the effective date of revocation of the
antidumping duty order. The Department will complete any pending
administrative reviews of this order and will conduct reviews of
subject merchandise entered prior to the effective date of revocation
in response to appropriately filed requests for review.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
This revocation pursuant to five-year (sunset) review and notice
are in
[[Page 13130]]
accordance with sections 751(c) and 751(d)(2) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: March 4, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5512 Filed 3-9-11; 8:45 am]
BILLING CODE 3510-DS-P