[Federal Register Volume 74, Number 186 (Monday, September 28, 2009)]
[Notices]
[Pages 49364-49365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23370]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Pure Magnesium From the People's Republic of China: Rescission of 
New Shipper Review

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

SUMMARY: In response to a request from Tianjin Xianghaiqi Resources 
Import & Export Trade Co., Ltd. (``TXR''), the Department of Commerce

[[Page 49365]]

(``Department'') initiated a new shipper review of the antidumping duty 
order on pure magnesium from the People's Republic of China (``PRC'') 
for the period of review (``POR'') May 1, 2008, through April 30, 
2009.\1\ On August 3, 2009, TXR submitted a letter to the Department 
withdrawing its request for the new shipper review.\2\ Accordingly, we 
are rescinding the new shipper review with respect to TXR.
---------------------------------------------------------------------------

    \1\  See Pure Magnesium from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 74 FR 31251 (June 
30, 2009).
    \2\ See letter from TXR, ``Pure Magnesium from the People's 
Republic of China--Withdrawal of New Shipper Review,'' dated August 
3, 2009.
---------------------------------------------------------------------------

Background

    On May 21, 2009, the Department received a timely request from TXR 
in accordance with section 751(a)(2)(B)(i) of the Tariff Act of 1930 as 
amended (``the Act''), and 19 CFR 351.214(C) for a new shipper review 
of the antidumping order on pure magnesium from the PRC from TXR. On 
June 30, 2009, the Department initiated a new shipper review of 
shipments of pure magnesium from the PRC exported by TXR during the POR 
\3\ because TXR met all statutory and regulatory requirements for the 
new shipper review. On August 3, 2009, TXR withdrew its request for a 
new shipper review.\4\
---------------------------------------------------------------------------

    \3\ See Pure Magnesium from the People's Republic of China: 
Initiation of Antidumping Duty New Shipper Review, 74 FR 31251 (June 
30, 2009).
    \4\ See letter from TXR, ``Pure Magnesium from the People's 
Republic of China--Withdrawal of New Shipper Review,'' dated August 
3, 2009.
---------------------------------------------------------------------------

Rescission of New Shipper Review

    Section 351.214(f)(1) of the Department's regulations provides that 
the Department may rescind a new shipper review if the party that 
requested the review withdraws its request for review within 60 days of 
the date of publication of the notice of initiation of the requested 
review. In this instance, the requesting party withdrew its request 
within 60 days of our notice of initiation. Based upon the above, we 
are rescinding the new shipper review of the antidumping duty order on 
pure magnesium from the PRC with respect to TXR. As the Department is 
rescinding this new shipper review, we are not calculating a company-
specific rate for TXR, and will continue to treat TXR as part of the 
PRC-wide entity.

Notifications

    Because TXR is still under review as part of the PRC-wide entity in 
the ongoing administrative review, the Department will not order 
liquidation of entries for TXR. The Department intends to issue 
liquidation instructions for the PRC-wide entity which will cover any 
entries by TXR, 15 days after publication of the final results of the 
ongoing administrative review covering the same period as this new 
shipper review. This notice serves as a final reminder to importers of 
their responsibility under 19 CFR 351.402(f)(2) 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 notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destructions of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a). Timely 
written notification of the return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with section 777(i) of the Act and 19 CFR 351.214(f)(3).

    Dated: September 21, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations.
[FR Doc. E9-23370 Filed 9-25-09; 8:45 am]
BILLING CODE 3510-DS-P