Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 39919 

1This 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. 

Dated: August 4, 2009. 

Gregory Campbell, 

Acting Director, Subsidies Enforcement 

Office, Import Administration. 

[FR Doc. E9–19093 Filed 8–7–09; 8:45 am] 

BILLING CODE 3510–DS–P 

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 magnesiumbased 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

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 


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39920 Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices 

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 cashdeposit 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 

• Selection of an Adverse Facts-Available 

Rate 

[FR Doc. E9–19098 Filed 8–7–09; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ17 

Marine Mammals; File No. 14497 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of permit. 

SUMMARY: Notice is hereby given that 

The Mirage Casino-Hotel, 3400 Las 

Vegas Blvd. South, Las Vegas, Nevada 

89109 [David Blasko, Responsible Party] 

has been issued a permit to import two 

bottlenose dolphins (Tursiops 

truncatus) for public display. 

ADDRESSES: The permit and related 

documents are available for review 

upon written request or by appointment 

in the following office(s): 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Southwest Region, NMFS, 501 West 

Ocean Blvd., Suite 4200, Long Beach, 

CA 90802–4213; phone (562)980–4001; 

fax (562)980–4018. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Skidmore or Kristy Beard, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: On April 

27, 2009, notice was published in the 

Federal Register (74 FR 19068) that a 

request for a public display permit to 

import two male bottlenose dolphins 

from Dolphin Quest in Hamilton, HM 

FX, Bermuda to The Mirage CasinoHotel in Las Vegas, NV, had been 

submitted by the above-named 

organization. The requested permit has 

been issued under the authority of the 

Marine Mammal Protection Act of 1972, 

as amended (16 U.S.C. 1361 et seq.), and 

the regulations governing the taking and 

importing of marine mammals (50 CFR 

part 216). 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), a final 

determination has been made that the 

activity proposed is categorically 

excluded from the requirement to 

prepare an environmental assessment or 

environmental impact statement. 

Dated: August 4, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–19085 Filed 8–7–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XQ88 

Gulf of Mexico Fishery Management 

Council; Public Meetings 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public meeting. 

SUMMARY: The Gulf of Mexico Fishery 

Management Council (Council) will 

convene the SEDAR Red Snapper 

Update Workshop (SEDAR). 


rmajette on DSK29S0YB1PROD with NOTICES