[Federal Register Volume 72, Number 57 (Monday, March 26, 2007)]
[Notices]
[Pages 14076-14077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5501]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Pure Magnesium in Granular Form from the People's Republic of 
China: Continuation of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: As a result of the determinations by the Department of 
Commerce (Department) and the International Trade Commission (ITC) that 
revocation of the antidumping duty order on pure magnesium in granular 
form from the People's Republic of China (PRC) would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the

[[Page 14077]]

United States, the Department is publishing notice of the continuation 
of this antidumping duty order.

EFFECTIVE DATE: March 26, 2007.

FOR FURTHER INFORMATION CONTACT: Hilary E. Sadler or Juanita Chen, AD/
CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4340 and (202) 482-1904, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 2, 2006, the Department initiated and the ITC instituted 
a sunset review of the antidumping duty order on pure magnesium in 
granular form from the PRC pursuant to section 751(c) of the Tariff Act 
of 1930, as amended (the Act).\1\
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    \1\ See Initiation of Five-Year ( Sunset``) Reviews, 71 FR 
57921, and Pure Magnesium from China, 71 FR 58001 (October 2, 2006).
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    As a result of its review, the Department found that revocation of 
the antidumping duty order would be likely to lead to continuation or 
recurrence of dumping and notified the ITC of the magnitude of the 
margins likely to prevail were the order to be revoked.\2\ On March 1, 
2007, the ITC determined, pursuant to section 751(c) of the Act, that 
revocation of the antidumping duty order on pure magnesium in granular 
form from the PRC would be likely to lead to continuation or recurrence 
of material injury to an industry in the United States within a 
reasonably foreseeable time.\3\
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    \2\ See Pure Magnesium in Granular Form from the People's 
Republic of China; Notice of Final Results of Expedited Sunset 
Review of Antidumping Duty Order, 72 FR 5417 (February 6, 2007).
    \3\ See Pure Magnesium from China, 72 FR 10258 (March 7, 2007), 
USITC Publication 3908 (March 2007) (Investigation No. 731-TA-895 
(Review)).
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Scope of the Order

    There is an existing antidumping duty order on pure magnesium from 
the PRC.\4\ The scope of this order excludes pure magnesium that is 
already covered by the existing order on pure magnesium in ingot form 
and currently classifiable under item numbers 8104.11.00 and 8104.19.00 
of the Harmonized Tariff Schedule of the United States (HTSUS). The 
scope of this order includes imports of pure magnesium products, 
regardless of chemistry, including, without limitation, raspings, 
granules, turnings, chips, powder, and briquettes, except as noted 
above. Pure magnesium includes: (1) Products that contain at least 
99.95 percent primary 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 primary magnesium, by weight 
(generally referred to as ``pure'' magnesium); (3) chemical 
combinations of pure magnesium and other material(s) in which the pure 
magnesium content is 50 percent or greater, but less than 99.8 percent, 
by weight that do not conform to an ``ASTM Specification for Magnesium 
Alloy''\5\ (generally referred to as ``off-specification pure'' 
magnesium); and (4) physical mixtures of pure magnesium and other 
material(s) in which the pure magnesium content is 50 percent or 
greater, but less than 99.8 percent, by weight. Excluded from this 
order are mixtures containing 90 percent or less pure magnesium by 
weight and one or more of certain non-magnesium granular materials to 
make magnesium-based reagent mixtures. The non-magnesium granular 
materials of which the Department is aware used to make such excluded 
reagents are: lime, calcium metal, calcium silicon, calcium carbide, 
calcium carbonate, carbon, slag coagulants, fluorspar, nephaline 
syenite, feldspar, aluminum, alumina (Al2O3), calcium aluminate, soda 
ash, hydrocarbons, graphite, coke, silicon, rare earth metals/
mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase, 
ferroalloys, dolomitic lime, and colemanite. A party importing a 
magnesium-based reagent which includes one or more materials not on 
this list is required to seek a scope clarification from the Department 
before such a mixture may be imported free of antidumping duties. The 
merchandise subject to this order is currently classifiable under item 
8104.30.00 of the HTSUS. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description of the scope 
of this order is dispositive.
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    \4\ 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).
    \5\ The 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.
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Determination

    As a result of the determinations by the Department and the ITC 
that revocation of this antidumping duty order would be likely to lead 
to continuation or recurrence of dumping and material injury to an 
industry in the United States, pursuant to section 751(d)(2) of the 
Act, the Department hereby orders the continuation of the antidumping 
duty order on pure magnesium in granular form from the PRC.
    U.S. Customs and Border Protection will continue to collect 
antidumping duty deposits at the rates in effect at the time of entry 
for all imports of subject merchandise. The effective date of the 
continuation of this order is the date of publication in the Federal 
Register of this Notice of Continuation. Pursuant to section 751(c)(2) 
of the Act, the Department intends to initiate the next five-year 
review of this antidumping order not later than February 2012.
    This five-year (sunset) review and this continuation notice are in 
accordance with section 751(c) of the Act and published pursuant to 
777(i) of the Act.

    Dated: March 15, 2007.
David M. Spooner,
Assistant Secretaryfor Import Administration.
[FR Doc. E7-5501 Filed 3-23-07; 8:45 am]
BILLING CODE 3510-DS-S