[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39919-39920]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19098]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-819]


Magnesium Metal From the Russian Federation: Final Results and 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: On April 6, 2009, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on magnesium metal from the Russian Federation. The review 
covers two manufacturers/exporters, PSC VSMPO-AVISMA Corporation 
(AVISMA) and Solikamsk Magnesium Works (SMW). The period of review 
(POR) is April 1, 2007, through March 31, 2008.
    Based on our analysis of the comments received we have made no 
changes in the margin for AVISMA. Therefore, the final results do not 
differ from the preliminary results. The final margin for AVISMA is 
listed below in the section entitled ``Final Results of the Review.''

DATES: Effective Date: August 10, 2009.

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

    On April 6, 2009, the Department of Commerce (the Department) 
published the preliminary results of the administrative review of the 
antidumping duty order on magnesium metal from the Russian Federation. 
See Magnesium Metal From the Russian Federation: Preliminary Results of 
Antidumping Duty Administrative Review and Intent To Rescind in Part, 
74 FR 15435 (April 6, 2009) (Preliminary Results).
    We invited interested parties to comment on the Preliminary 
Results. At the request of certain parties, we held a public hearing on 
June 10, 2009. The Department has conducted this administrative review 
in accordance with section 751 of the Tariff Act of 1930, as amended 
(the Act).

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\
---------------------------------------------------------------------------

    \1\ This second 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 
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), and 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.
---------------------------------------------------------------------------

    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.

Rescission of Review in Part

    On June 20, 2008, SMW submitted a letter indicating that it made no 
sales to the United States during the POR. We did not receive comments 
on SMW's submission. We confirmed SMW's claim of no shipments by 
reviewing U.S. Customs and Border Protection (CBP) documentation. See 
Memorandum from International Trade Compliance Analyst to the File 
dated March 24, 2009. Because we find that SMW had no shipments of 
subject merchandise during the POR, we are rescinding the 
administrative review with respect to SMW pursuant to 19 CFR 
351.213(d)(3).

Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review of the order on magnesium metal from the 
Russian Federation are addressed in the ``Issues and Decision 
Memorandum'' from John M. Andersen, Acting Deputy Assistant Secretary, 
to Ronald K. Lorentzen, Acting Assistant Secretary, dated August 4, 
2009 (Decision Memo), which is hereby adopted by this notice. A list of 
the issues which parties have raised and to which we have responded is 
in the Decision Memo and attached to this notice as an Appendix. The 
Decision Memo, which is a public document, is on file in the Central 
Records Unit, main Department of Commerce building, Room 1117, and is 
accessible on the Web at http://ia.ita.doc.gov/frn/index.html. The 
paper copy and electronic version of the Decision Memo are identical in 
content.

Use of Adverse Facts Available

    For the final results, we continue to find that, by ending its 
participation in the review and requesting removal of its

[[Page 39920]]

business-proprietary information from the record, AVISMA did not act to 
the best of its ability to comply with our requests for information. 
Thus, we continue to find that the use of adverse facts available is 
warranted for AVISMA under sections 776 (a)(2) and (b) of the Act. See 
Preliminary Results, 74 FR at 15436-37. As we explained in the 
Preliminary Results, the rate of 43.58 percent we selected as the 
adverse facts available rate for AVISMA is the highest transaction-
specific rate on the record of the proceeding that we are able to 
corroborate in accordance with section 776(c) of the Act. Id; see also 
Decision Memo.

Final Results of the Review

    We determine that a margin of 43.58 percent exists for AVISMA for 
the period April 1, 2007, through March 31, 2008.

Assessment Rates

    Because we are relying on total adverse facts available to 
establish the dumping margin for AVISMA, we will instruct CBP to apply 
a dumping margin of 43.58 percent to all entries of subject merchandise 
during the POR that were produced and/or exported by AVISMA. We intend 
to issue liquidation instructions to CBP 15 days after the publication 
of these final results of review.

Cash-Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, 
consistent with section 751(a)(2)(C) of the Act: (1) The cash-deposit 
rate for AVISMA will be 43.58 percent; (2) for previously reviewed or 
investigated companies other than AVISMA, 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, a 
prior 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; (4) the cash-deposit rate for all other manufacturers or 
exporters will continue to be the all-others rate established in the 
LTFV investigation, which is 21.01 percent. See Notice of Antidumping 
Duty Order: Magnesium Metal From the Russian Federation, 70 FR 19930 
(April 15, 2005). These deposit requirements shall remain in effect 
until further notice.

Notification to Importers

    This notice serves as a final 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 Department's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely notification of the 
return or destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: August 4, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

Appendix

    <bullet> Selection of an Adverse Facts-Available Rate

[FR Doc. E9-19098 Filed 8-7-09; 8:45 am]
BILLING CODE 3510-DS-P