[Federal Register Volume 76, Number 48 (Friday, March 11, 2011)]
[Notices]
[Pages 13356-13357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5699]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-896]
Magnesium Metal From the People's Republic of China: Continuation
of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of
Commerce (``Department'') and the International Trade Commission
(``ITC'') that revocation of the antidumping duty order on magnesium
metal from the People's Republic of China (``PRC'') would likely lead
to a continuation or recurrence of dumping and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of the antidumping duty order.
DATES: Effective Date: March 11, 2011.
FOR FURTHER INFORMATION CONTACT: Paul Stolz, 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) 482-4474.
SUPPLEMENTARY INFORMATION:
Background
On March 1, 2010, the Department initiated sunset reviews of the
antidumping duty order on magnesium metal from the PRC, pursuant to
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See
Initiation of Five-Year (``Sunset'') Review, 75 FR 9160 (March 1,
2010).
As a result of its review, the Department determined that
revocation of the antidumping duty order on magnesium metal from the
PRC 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 24, 2011, the ITC notified the Department of its
determination, pursuant to section 751(c) of the Act, that revocation
of the antidumping duty order on magnesium metal from the PRC would
likely lead to a continuation or recurrence of material injury to an
industry in the United States within a reasonably foreseeable time. See
USITC Publication 4214 (February 2011), Magnesium From China and
Russia: Investigation Nos. 731-TA-10701-1072 (Review).
Scope of the Order
The merchandise covered by the order is magnesium metal, 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
the 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
raspings, granules, turnings, chips, powder, briquettes, and other
shapes: 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'' \1\ and thus are outside the scope of the existing antidumping
order on magnesium from the PRC (generally referred to as ``alloy''
magnesium).
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\1\ 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 scope of the order excludes the following merchandise: (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;'' \2\ (2) magnesium
that is in liquid
[[Page 13357]]
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.\3\
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\2\ This 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).
\3\ This third exclusion for magnesium-based reagent mixtures is
based on the exclusion for reagent mixtures in the 2000-2001
investigations of magnesium from the PRC, Israel, and Russia. 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); 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 8104.19.00 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
subject merchandise is dispositive.
Continuation of the Order
As a result of the determinations by the Department and the ITC
that revocation of the antidumping duty order would likely lead to a
continuation or recurrence of dumping and material injury to an
industry in the United States, pursuant to section 751(d)(2) of the
Act, the Department hereby orders the continuation of the antidumping
order on magnesium metal from the PRC. U.S. Customs and Border
Protection will continue to collect antidumping duty cash deposits at
the rates in effect at the time of entry for all imports of subject
merchandise. The effective date of the continuation of the order will
be the date of publication in the Federal Register of this notice of
continuation. Pursuant to section 751(c)(2) of the Act, the Department
intends to initiate the next five-year review of the order not later
than 30 days prior to the fifth anniversary of the effective date of
continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: February 25, 2011.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-5699 Filed 3-10-11; 8:45 am]
BILLING CODE 3510-DS-P