13356 Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 

1The 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. 

2This 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 

the Department’s Second Remand on 

March 1, 2011. See PSC VSMPO– 

Avisma Corp. v. United States, Consol. 

Court No 08–00321, Slip Op. 11–22 

(March 1, 2011) (AVISMA III); see also 

Second Remand. 

Timken Notice 

Consistent with the decision of the 

United States Court of Appeals for the 

Federal Circuit (CAFC) in Timken Co. v. 

United States, 893 F.2d 337 (CAFC 

1990) (Timken), as clarified by Diamond 

Sawblades Mfrs. Coalition v. United 

States, 626 F.3d 1374 (CAFC 2010), 

pursuant to section 516A(c) of the Act, 

the Department must publish a notice of 

a court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s judgment in AVISMA III on 

March 1, 2011, sustaining the 

Department’s Second Remand with 

respect to VSMPO–AVISMA constitutes 

a final decision of that court that is not 

in harmony with the Department’s Final 

Results. This notice is published in 

fulfillment of the publication 

requirements of Timken. Accordingly, 

the Department will continue the 

suspension of liquidation of the subject 

merchandise pending the expiration of 

the period of appeal or, if appealed, 

pending a final and conclusive court 

decision. 

Amended Final Results 

Because there is now a final court 

decision with respect to VSMPO– 

AVISMA, the weighted-average 

dumping margin for the period April 1, 

2006, through March 31, 2007, for 

magnesium metal from the Russian 

Federation is 8.51 percent for VSMPO– 

AVISMA. The cash-deposit rate will 

remain the company-specific rate 

established for the subsequent and most 

recent period for which the Department 

reviewed VSMPO–AVISMA. See 

Magnesium Metal From the Russian 

Federation: Final Results of 

Antidumping Duty Administrative 

Review, 75 FR 56989 (September 17, 

2010). In the event the CIT’s ruling is 

not appealed or, if appealed, upheld by 

the CAFC, the Department will instruct 

U.S. Customs and Border Protection to 

assess antidumping duties on entries of 

the subject merchandise exported 

during the POR by VSMPO–AVISMA 

using the revised assessment rates 

calculated by the Department in the 

Second Remand. 

This notice is issued and published in 

accordance with sections 516A(e)(1), 

751(a)(1), and 777(i)(1) of the Act. 

Dated: March 7, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–5691 Filed 3–10–11; 8:45 am] 

BILLING CODE 3510–DS–P 

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). 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 48 / Friday, March 11, 2011 / Notices 13357 

Antidumping Duty Order: Pure Magnesium in 

Granular Form From the People’s Republic of 

China, 66 FR 57936 (November 19, 2001). 

3This 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. 

1See Multilayered Wood Flooring from the 

People’s Republic of China: Initiation of 

Antidumping Duty Investigation, 75 FR 70714 

(November 18, 2010). 

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

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 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–201–822] 

Stainless Steel Sheet and Strip in Coils 

From Mexico; Correction Notice to 

Amended Final Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: Effective Date: March 11, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Patrick Edwards, Brian Davis, or 

Angelica Mendoza, AD/CVD 

Operations, Office 7, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW., Washington, DC 20230; 

telephone: (202) 482–8029, (202) 482– 

7924, and (202) 482–3019, respectively. 

Correction 

On February 18, 2011, the Department 

published a notice of amended final 

results of administrative review for 

stainless steel sheet and strip in coils 

from Mexico. See Stainless Steel Sheet 

and Strip in Coils from Mexico; Notice 

of Amended Final Results of 

Antidumping Duty Administrative 

Review, 76 FR 9542 (February 18, 2011) 

(Amended Final Results). The Amended 

Final Results states incorrectly that cash 

deposit requirements, ‘‘continue to be 

effective on any entries made on or after 

February 14, 2011, the date of 

publication of these amended final 

results.’’ In addition, the Amended Final 

Results incorrectly refer to a 21.14 

percent final results weighted-average 

margin calculated for ThyssenKrupp 

Mexinox S.A. de C.V. (Mexinox). 

The Amended Final Results are 

hereby corrected to read that cash 

deposit requirements, ‘‘continue to be 

effective on any entries made on or after 

the date of publication of these 

amended final results.’’ The Amended 

Final Results are also hereby corrected 

to refer to Mexinox’s weighted-average 

margin of 21.16 percent determined by 

the Department in its final results of this 

review. See Stainless Steel Sheet and 

Strip in Coils from Mexico; Final Results 

of Antidumping Duty Administrative 

Review, 76 FR 2332 (January 13, 2011). 

This notice is published in 

accordance with section 777(i) of the 

Tariff Act of 1930, as amended. 

Dated: March 7, 2011. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2011–5682 Filed 3–10–11; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE. 

International Trade Administration 

[A–570–970] 

Multilayered Wood Flooring from the 

People’s Republic of China: 

Postponement of Preliminary 

Determination of Antidumping Duty 

Investigation 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce 

DATES: Effective Date: March 11, 2011. 

FOR FURTHER INFORMATION CONTACT: John 

Hollwitz or Charles Riggle, 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) 482–2336 or (202) 482– 

0650, respectively. 

SUPPLEMENTARY INFORMATION: 

Postponement of Preliminary 

Determination 

On November 10, 2010, the 

Department of Commerce (‘‘the 

Department’’) initiated an antidumping 

duty investigation on multilayered 

wood flooring from the People’s 

Republic of China.1 The notice of 

initiation stated that, unless postponed, 

the Department would issue its 

preliminary determination no later than 

140 days after the date of issuance of the 

initiation, in accordance with section 

733(b)(1)(A) of the Tariff Act of 1930, as 

amended (‘‘the Act’’). The preliminary 

determination is currently due no later 

than March 30, 2011. 

On March 3, 2011, the Coalition for 

American Hardwood Parity 

(‘‘Petitioners’’), made a timely request, 

pursuant to 19 CFR 351.205(b)(2) and 

(e), for a postponement of the 


srobinson on DSKHWCL6B1PROD with NOTICES