[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

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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