Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 73045 

1See Initiation of Antidumping and 

Countervailing Duty Administrative Reviews, 75 FR 

29976 (May 28, 2010) (‘‘Initiation’’). 

2See Memorandum to the File, ‘‘Magnesium 

Metal from the People’s Republic of China: Intent 

to Rescind the 2009–2010 Antidumping Duty 

Administrative Review of Magnesium Metal from 

the People’s Republic of China—A–570–896,’’ dated 

November 1, 2010 (‘‘Intent to Rescind 

Memorandum’’). 

the hearing will be limited to those 

raised in the respective case briefs. 

The Department will issue the final 

results of this administrative review, 

including the results of its analysis of 

issues raised in any written briefs, not 

later than 120 days after the date of 

publication of this notice, pursuant to 

section 751(a)(3)(A) of the Act. 

Assessment Rates 

Upon completion of the 

administrative review, the Department 

shall determine, and CBP shall assess, 

antidumping duties on all appropriate 

entries, in accordance with 19 CFR 

351.212. The Department intends to 

issue appropriate appraisement 

instructions for the company subject to 

this review directly to CBP 15 days after 

the date of publication of the final 

results of this review. 

Where the respondent reported 

entered value for its U.S. sales, we will 

calculate importer-specific ad valorem 

duty assessment rates based on the ratio 

of the total amount of antidumping 

duties calculated for the examined sales 

to the total entered value of the 

examined sales for that importer. 

Where the respondent did not report 

entered value for its U.S. sales, we will 

calculate importer-specific per-unit duty 

assessment rates by aggregating the total 

amount of antidumping duties 

calculated for the examined sales and 

dividing this amount by the total 

quantity of those sales. To determine 

whether the duty assessment rates are 

de minimis, in accordance with the 

requirement set forth in 19 CFR 

351.106(c)(2), we will calculate 

importer-specific ad valorem ratios 

based on the estimated entered value. 

We will instruct CBP to assess 

antidumping duties on all appropriate 

entries covered by this review if any 

importer-specific assessment rate 

calculated in the final results of this 

review is above de minimis (i.e., at or 

above 0.50 percent). Pursuant to 19 CFR 

351.106(c)(2), we will instruct CBP to 

liquidate without regard to antidumping 

duties any entries for which the 

assessment rate is de minimis (i.e., less 

than 0.50 percent). The final results of 

this review shall be the basis for the 

assessment of antidumping duties on 

entries of merchandise covered by the 

final results of this review and for future 

deposits of estimated duties, where 

applicable. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment 

Policy Notice). This clarification will 

apply to entries of subject merchandise 

during the POR produced by the 

company included in these final results 

of review for which the reviewed 

company did not know that the 

merchandise it sold to the intermediary 

(e.g., a reseller, trading company, or 

exporter) was destined for the United 

States. In such instances, we will 

instruct CBP to liquidate unreviewed 

entries at the all-others rate effective 

during the POR if there is no rate for the 

intermediary involved in the 

transaction. See Assessment Policy 

Notice for a full discussion of this 

clarification. 

Cash Deposit Requirements 

The following cash deposit 

requirements will be effective for all 

shipments of the subject merchandise 

entered, or withdrawn from warehouse, 

for consumption on or after the 

publication date of the final results of 

this administrative review, as provided 

by section 751(a)(2)(C) of the Act: (1) 

The cash deposit rate for the company 

listed above will be that established in 

the final results of this review, except if 

the rate is less than 0.50 percent and, 

therefore, de minimis within the 

meaning of 19 CFR 351.106(c)(1), in 

which case the cash deposit rate will be 

zero; (2) for previously reviewed or 

investigated companies not 

participating in this review, the cash 

deposit rate will continue to be the 

company-specific rate published for the 

most recent period; (3) if the exporter is 

not a firm covered in this review or the 

original less-than-fair-value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and (4) the cash deposit 

rate for all other manufacturers or 

exporters will continue to be 3.10 

percent, the all-others rate made 

effective by the LTFV investigation. See 

1–Hydroxyethylidene–1, 1– 

Diphosphonic Acid from India: Notice 

of Final Determination of Sales at Less 

Than Fair Value, 74 FR 10543 (March 

11, 2009). These requirements, when 

imposed, shall remain in effect until 

further notice. 

Notification to Importers 

This notice also serves as a 

preliminary reminder to importers of 

their responsibility under 19 CFR 

351.402(f) 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 antidumping duties 

occurred and the subsequent assessment 

of double antidumping duties. 

This administrative review and notice 

are published in accordance with 

sections 751(a)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221. 

Dated: November 19, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–29963 Filed 11–26–10; 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: Rescission of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

DATES: November 29, 2010. 

SUMMARY: On May 28, 2010, the U.S. 

Department of Commerce (‘‘the 

Department’’) published a notice of 

initiation of an administrative review of 

the antidumping duty order on 

magnesium metal from the People’s 

Republic of China (‘‘PRC’’).1 The review 

covers one manufacturer/exporter of 

subject merchandise from the PRC, 

Tianjin Magnesium International Co., 

Ltd. (‘‘TMI’’). The period of review 

(‘‘POR’’) is April 1, 2009, through March 

31, 2010. Following the receipt of a 

certification of no shipments from TMI, 

we notified all interested parties of the 

Department’s intent to rescind this 

review and provided an opportunity to 

comment on the rescission.2 We 

received no comments. Therefore, we 

are rescinding this administrative 

review. 

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: 

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73046 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 

3See Antidumping or Countervailing Duty Order, 

Finding, or Suspended Investigation; Opportunity 

To Request Administrative Review, 75 FR 16426 

(April 1, 2010). 

4See letter from TMI, ‘‘Magnesium Metal from 

China: Request for Administrative Review,’’ dated 

April 30, 2010. 

5See Initiation, 75 FR at 29983. 

6See Memorandum to the File, ‘‘Magnesium 

Metal from the People’s Republic of China; 

Transmittal of U.S. Customs and Border Protection 

Information to the File,’’ dated June 30, 2010, at 

Attachment I; see also letter from TMI, ‘‘Magnesium 

Metal from the People’s Republic of China; A–570– 

896; Supplemental Information of No Sales by 

Tianjin Magnesium International Co., Ltd,’’ dated 

July 14, 2010 (‘‘TMI’s Supplemental No Shipments 

Letter’’), at 1. 

7 Id. at 3. 

8 Id. 

9 Id. at 4. 

10See Memorandum to the File, ‘‘Magnesium 

Metal from the People’s Republic of China: Release 

of U.S. Entry Documents from the Department’s 

August 17, 2010 Request—A–570–896,’’ (‘‘Release of 

Entry Documents’’) dated October 19, 2010. 

11See Release of Entry Documents at Attachment 

I. 

12See 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). 

13The 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. 14This 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 (Nov. 19, 2001). 

15This third exclusion for magnesium-based 

reagent mixtures is based on the exclusion for 

reagent mixtures in the 2000–2001 investigations of 

magnesium from China, Israel, and Russia. See 

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); Final Determination of Sales 

at Less Than Fair Value: Pure Magnesium From 

Israel, 66 FR 49349 (September 27, 2001); 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. 

Background 

On April 1, 2010, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on magnesium 

metal from the PRC for the period April 

1, 2009, through March 31, 2010.3 On 

April 30, 2010, U.S. Magnesium LLC 

(‘‘U.S. Magnesium’’), a domestic 

producer and Petitioner in the 

underlying investigation of this case, 

made a timely request that the 

Department conduct an administrative 

review of TMI.4 On May 28, 2010, in 

accordance with section 751(a) of the 

Tariff Act of 1930, as amended (‘‘the 

Act’’), the Department published in the 

Federal Register a notice of initiation of 

this antidumping duty administrative 

review.5 On June 28, 2010, TMI 

submitted a letter to the Department 

certifying that it did not export 

magnesium metal for consumption in 

the United States during the POR. 

On June 30, 2010, the Department 

placed on the record information 

obtained in response to the 

Department’s query to U.S. Customs and 

Border Protection (‘‘CBP’’) concerning 

imports into the United States of subject 

merchandise during the POR. This data 

indicates that TMI made an entry of 

merchandise during the POR under the 

tariff item that includes magnesium 

metal.6

On July 14, 2010, TMI explained that 

it correctly classified the merchandise 

in question using the same Harmonized 

Tariff System (‘‘HTS’’) category as 

magnesium metal.7 However, TMI noted 

that the merchandise in question is 

covered by the scope of the 

antidumping duty order on pure 

magnesium from the PRC.8 Moreover, 

TMI maintained that it reported, and the 

Department reviewed and verified, the 

merchandise at issue during the 2008– 

2009 review of pure magnesium from 

the PRC.9

On October 19, 2010, the Department 

placed on the record of this review, 

copies of the entry documents received 

from CBP.10 These documents indicate 

that the merchandise at issue does not 

consist of subject merchandise.11

Rather, this merchandise is included in 

the scope of the order or pure 

magnesium, which states in relevant 

part:12

(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. 

On November 1, 2010, the Department 

notified interested parties of its intent to 

rescind this administrative review and 

gave parties until November 8, 2010, to 

provide comments. We did not receive 

any comments. 

Scope of the Order 

The product covered by this 

antidumping duty 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 this 

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, and 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’’ 13 and thus are 

outside the scope of the existing 

antidumping orders on magnesium from 

the PRC (generally referred to as ‘‘alloy’’ 

magnesium). 

The scope of this order excludes: (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 99.8 percent, by weight, 

that do not conform to an ‘‘ASTM 

Specification for Magnesium Alloy’’ 14; 

(2) magnesium that is in liquid 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.15

The merchandise subject to this order 

is classifiable under items 8104.19.00, 

and 8104.30.00 of the Harmonized Tariff 

Schedule of the United States 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Notices 73047 

(‘‘HTSUS’’). Although the HTSUS items 

are provided for convenience and 

customs purposes, the written 

description of the merchandise is 

dispositive. 

Rescission of the Administrative 

Review 

Based upon the certifications and the 

evidence on the record, the Department 

finds TMI’s claim of no shipments of 

subject merchandise to the United 

States during the POR to be 

substantiated. Pursuant to 19 CFR 

351.213(d)(3), the Department may 

rescind an administrative review, in 

whole or with respect to a particular 

exporter or producer, if the Secretary 

concludes that, during the period 

covered by the review, there were no 

entries, exports, or sales of the subject 

merchandise. Therefore, the Department 

is rescinding this review in accordance 

with 19 CFR 351.213(d)(3). The 

Department intends to instruct CBP 

fifteen days after the publication of this 

notice to liquidate such entries. 

Antidumping duties shall be assessed at 

rates equal to the cash deposit of 

estimated antidumping duties required 

at the time of entry, or withdrawal from 

warehouse, for consumption, in 

accordance with 19 CFR 351.212(c)(2). 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act and 19 

CFR 351.213(d)(4). 

Dated: November 19, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–29965 Filed 11–26–10; 8:45 am] 

BILLING CODE 3510–DS–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

[Docket No. CPSC 2010–0112] 

Agency Information Collection 

Activities; Proposed Collection; 

Comment Request; Prize Competitions 

and Contests 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘CPSC’’ or ‘‘Commission’’) 

is announcing an opportunity for public 

comment on the proposed collection of 

certain information by the agency. 

Under the Paperwork Reduction Act of 

1995 (‘‘the PRA’’), Federal agencies are 

required to publish notice in the 

Federal Register concerning each 

proposed collection of information and 

to allow 60 days for public comment in 

response to the notice. This notice 

solicits comments on the proposed 

collection of information for CPSCsponsored prize competitions or 

contests. 

DATES: Submit written or electronic 

comments on the collection of 

information by January 28, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. [CPSC 2010– 

0112], by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail), except through 

http://www.regulations.gov. 

Written Submissions 

Submit written submissions in the 

following way: 

Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions), 

preferably in five copies, to: Office of 

the Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change, including any personal 

identifiers, contact information, or other 

personal information provided, to 

http://www.regulations.gov. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

electronically. Such information should 

be submitted in writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Linda Glatz, Division of Policy and 

Planning, Office of Information 

Technology, Consumer Product Safety 

Commission, 4330 East West Highway, 

Bethesda, MD 20814, 301–504–7671, 

lglatz@cpsc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), Federal 

agencies must obtain approval from the 

Office of Management and Budget 

(‘‘OMB’’) for each collection of 

information they conduct or sponsor. 

‘‘Collection of information’’ is defined in 

44 U.S.C. 3502(3) and 5 CFR 1320.3(c), 

and includes agency requests or 

requirements that members of the public 

submit reports, keep records, or provide 

information to a third party. Section 

3506(c)(2)(A) of the PRA (44 U.S.C. 

3506(c)(2)(A)) requires Federal agencies 

to provide a 60-day notice in the 

Federal Register concerning each 

proposed collection of information 

before submitting the collection to the 

OMB for approval. To comply with this 

requirement, the CPSC is publishing 

notice of the proposed collection of 

information set forth in this document. 

With respect to the following 

collection of information, the CPSC 

invites comments on these topics: 

(1) Whether the proposed collection of 

information is necessary for the proper 

performance of the CPSC’s functions, 

including whether the information will 

have practical utility; (2) the accuracy of 

the CPSC’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(3) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on respondents, including through the 

use of automated collection techniques, 

when appropriate, and other forms of 

information technology. 

Consistent with the OMB 

Memorandum on the Use of Challenges 

and Prizes to Promote Open 

Government (M–10–11, March 8, 2010), 

the CPSC intends to establish contests 

and give awards to members of the 

public to further the mission of the 

CPSC. The purposes of the proposed 

contests and awards range from 

increasing the knowledge and 

awareness of schoolchildren of certain 

safety hazards, such as carbon 

monoxide poisoning, to recognizing 

outstanding consumer product safety 

accomplishments of scientists, business 

leaders, entrepreneurs, and others who 

have demonstrated support of the 

CPSC’s product safety mission. The 

CPSC awards and contests will highlight 

excellence in consumer product safety 

to motivate, inspire, and guide others, 

including companies across the supply 

chain; to increase the number and 

diversity of the individuals, 

organizations, and teams that are 

addressing consumer product safety 

issues; to educate children and 

consumers about safety hazards; and to 

attract more public interest and 

attention to the issues involving 

consumer product hazards and safety. 

The CPSC is seeking OMB approval 

for a generic clearance for CPSC’s 

contests and awards. The information to 

be collected from contestants and award 

mstockstill on DSKH9S0YB1PROD with NOTICES