Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Notices 65635

81a-81u) (the Act), the Foreign-Trade

Zones Board (the Board) is authorized to

grant to qualified corporations the

privilege of establishing foreign-trade

zones in or adjacent to U.S. Customs

ports of entry;

Whereas, the Board’s regulations (15

CFR part 400) provide for the

establishment of special-purpose

subzones when existing zone facilities

cannot serve the specific use involved;

Whereas, an application from the Port

of Houston Authority, grantee of

Foreign-Trade Zone 84, for authority to

establish special-purpose subzone status

at the oil refinery complex of Crown

Central Petroleum Corporation at sites

in Harris County, Texas, was filed by

the Board on June 23, 1995, and notice

inviting public comment was given in

the Federal Register (FTZ Docket 34–95,

60 FR 34511, 7–3–95); and,

Whereas, the Board has found that the

requirements of the FTZ Act and

Board’s regulations would be satisfied,

and that approval of the application

would be in the public interest if

approval is subject to the conditions

listed below;

Now, Therefore, the Board hereby

authorizes the establishment of a

subzone (Subzone 84N) at the Crown

Central Petroleum Corporation oil

refinery complex, in Harris County,

Texas, at the locations described in the

application, subject to the FTZ Act and

the Board’s regulations, including

§ 400.28, and subject to the following

conditions:

1. Foreign status (19 CFR 146.41,

146.42) products consumed as fuel for

the refinery shall be subject to the

applicable duty rate.

2. Privileged foreign status (19 CFR

146.41) shall be elected on all foreign

merchandise admitted to the subzone,

except that non-privileged foreign (NPF)

status (19 CFR 146.42) may be elected

on refinery inputs covered under

HTSUS Subheadings # 2709.00.1000 - #

2710.00.1050 and # 2710.00.2500 which

are used in the production of:

—petrochemical feedstocks and refinery

by-products (examiners report,

Appendix D);

—products for export; and,

—products eligible for entry under

HTSUS # 9808.00.30 and 9808.00.40

(U.S. Government purchases).

3. The authority with regard to the

NPF option is initially granted until

September 30, 2000, subject to

extension.

Signed at Washington, DC, this 12th day of

December 1995.

Susan G. Esserman,

Assistant Secretary of Commerce for Import

Administration, Alternate Chairman, ForeignTrade Zones Board.

Attest:

John J. Da Ponte, Jr.,

Executive Secretary.

[FR Doc. 95–30954 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DS–P

International Trade Administration

[A–428–037]

Dry Cleaning Machinery From

Germany, Revocation of the

Antidumping Finding

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Revocation of

Antidumping Finding.

SUMMARY: The Department of Commerce

(the Department) is notifying the public

of its revocation of the antidumping

finding on dry cleaning machinery from

Germany because it is no longer of any

interest to domestic interested parties.

EFFECTIVE DATE: December 20, 1995.

FOR FURTHER INFORMATION CONTACT: Art

DuBois or Michael Panfeld, Office of

Antidumping Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street & Constitution

Avenue, NW., Washington, DC 20230,

telephone (202) 482–6312.

SUPPLEMENTARY INFORMATION:

Background

The Department may revoke an

antidumping finding if the Secretary

concludes that the finding is no longer

of any interest to domestic interested

parties. We conclude that there is no

interest in an antidumping finding

when no interested party has requested

an administrative review for five

consecutive review periods and when

no domestic interested party objects to

revocation (19 CFR 353.25(d)(4)(iii)).

On November 1, 1995, the Department

published in the Federal Register

(55541) its notice of intent to revoke the

antidumping finding on dry cleaning

machinery from Germany (November 8,

1972). Additionally, as required by 19

CFR 353.25(d)(4)(ii), the Department

served written notice of its intent to

revoke this antidumping finding on

each domestic interested party on the

service list. Domestic interested parties

who might object to the revocation were

provided the opportunity to submit

their comments not later than the last

day of the anniversary month.

In this case, we received no requests

for review for five consecutive review

periods. Furthermore, no domestic

interested party, as defined under

353.2(k)(3), (k)(4), (k)(5), or (k)(6) of the

Department’s regulations, has expressed

opposition to revocation. Based on these

facts, we have concluded that the

antidumping finding on dry cleaning

machinery from Germany is no longer of

any interest to interested parties.

Accordingly, we are revoking this

antidumping finding in accordance with

19 CFR 353.25(d)(4)(iii).

Scope of the Order

Imports covered by the revocation are

shipments of dry cleaning machinery

from Germany. This merchandise is

currently classifiable under Harmonized

Tariff Schedules (HTS) item number

8456.10.00.00. The HTS number is

provided for convenience and customs

purposes. The written description

remains dispositive.

This revocation applies to all

unliquidated entries of dry cleaning

machinery from Germany entered, or

withdrawn from warehouse, for

consumption on or after November 1.

Entries made during the period

November 1, 1994, through October 31,

1995, will be subject to automatic

assessment in accordance with 19 CFR

353.22(e). The Department will instruct

the Customs Service to proceed with

liquidation of all unliquidated entries of

this merchandise entered, or withdrawn

from warehouse, for consumption on or

after November 1, 1995 without regard

to antidumping duties, and to refund

any estimated antidumping duties

collected with respect to those entries.

This notice is in accordance with 19

CFR 353.25(d).

Dated: December 13, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

[FR Doc. 95–30958 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–821–805]

Notice of Amended Antidumping Duty

Order: Pure Magnesium From the

Russian Federation; Notice of

Amended Final Determination of Sales

at Less Than Fair Value: Antidumping

Duty Investigation of Pure Magnesium

From the Russian Federation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: On March 22, 1995, the

Department of Commerce (‘‘the
65636 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Notices

Department’’) made its final

determination that pure magnesium

from the Russian Federation was being

sold at less than fair value (see Pure

Magnesium and Alloy Magnesium from

the Russian Federation (60 FR 16432,

March 30, 1995)). On May 12, 1995, the

Department published the antidumping

duty order on pure magnesium from the

Russian Federation (60 FR 25691). A

ministerial error identified by a

respondent, Interlink, was not corrected

by the Department prior to the time the

parties filed suit with the Court of

International Trade (CIT). On December

6, 1995, the CIT granted the

Department’s request for leave to correct

the ministerial error. This notice

provides the results of that correction.

EFFECTIVE DATE: December 20, 1995.

FOR FURTHER INFORMATION CONTACT:

Louis Apple, Office of Antidumping

Investigations, Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone:

(202) 482–1769.

Scope of Orders

The product covered by this order is

pure primary magnesium regardless of

chemistry, form or size, unless expressly

excluded from the scope of this order.

Primary magnesium is a metal or alloy

containing by weight primarily the

element magnesium and produced by

decomposing raw materials into

magnesium metal. Pure primary

magnesium is used primarily as a

chemical in the aluminum alloying,

desulfurization, and chemical reduction

industries. In addition, pure primary

magnesium is used as an input in

producing magnesium alloy.

Pure primary magnesium

encompasses:

(1) Products that contain at least

99.95% primary magnesium, by weight

(generally referred to as ‘‘ultra-pure’’

magnesium);

(2) Products containing less than

99.95% but not less than 99.8% primary

magnesium, by weight (generally

referred to as ‘‘pure’’ magnesium); and

(3) Products (generally referred to as

‘‘off-specification pure’’ magnesium)

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.

‘‘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.

Excluded from the scope of this order

is alloy primary magnesium, primary

magnesium anodes, granular primary

magnesium (including turnings and

powder), and secondary magnesium.

Granular magnesium, turnings, and

powder are classifiable under

Harmonized Tariff Schedule of the

United States (HTSUS) subheading

8104.30.00. Magnesium granules and

turnings (also referred to as chips) are

produced by grinding and/or crushing

primary magnesium and thus have the

same chemistry as primary magnesium.

Although not susceptible to precise

measurement because of their irregular

shapes, turnings or chips are typically

produced in coarse shapes and have a

maximum length of less than 1 inch.

Although sometimes produced in larger

sizes, granules are more regularly

shaped than turnings or chips, and have

a typical size of 2mm in diameter or

smaller.

Powders are also produced from

grinding and/or crushing primary

magnesium and have the same

chemistry as primary magnesium, but

are even smaller than granules or

turnings. Powders are defined by the

Section Notes to Section XV, the section

of the HTSUS in which subheading

8104.30.00 appears, as products of

which 90 percent or more by weight

will pass through a sieve having a mesh

aperture of 1mm. (See HTSUS, Section

XV, Base Metals and Articles of Base

Metals, Note 6(b).) Accordingly, the

exclusion of magnesium turnings,

granules and powder from the scope

includes products having a maximum

physical dimension (i.e., length or

diameter) of 1 inch or less.

The products subject to these orders

are classifiable under subheadings

8104.11.00, 8104.19.00 and 8104.20.00

of the HTSUS. Although the HTSUS

subheadings are provided for

convenience and customs purposes, our

written description of the scope is

dispositive.

Case History

On March 22, 1995, the Department of

Commerce (‘‘the Department’’) made its

final determination that pure

magnesium from the Russian Federation

was being sold at less than fair value

(see Pure Magnesium and Alloy

Magnesium from the Russian Federation

(60 FR 16432, March 30, 1995)). On May

12, 1995, the Department published the

antidumping duty order on pure

magnesium from the Russian Federation

(60 FR 25691).

On May 11, 1995, respondent

exporter, Interlink, alleged that a

ministerial error had been made in that

the Department incorrectly assigned a

margin for its sales of subject

merchandise supplied by Russian

producer, Solikamsk Magnesium Works

(SMW). Interlink requested that the

Department clarify the antidumping

duty order to show that Interlink is

excluded with regard to subject

merchandise supplied by SMW. The

Department found the allegation

constituted a ministerial error (see

memo from The Magnesium Team to

Barbara Stafford dated October 19,

1995). However, because the petitioner

filed suit with the CIT before we could

correct this error, we were unable to

correct this error and publish the

amended final determination and

amended antidumping duty order.

Subsequently, the CIT granted the

Department leave to correct this

ministerial error.

Amendment of Final Determination and

Antidumping Duty Order

The Department has corrected the

ministerial error in Interlink’s margin

calculation as follows: where the foreign

market value (FMV) had been

incorrectly based on an average of the

factors of production for both SMW and

the other Russian producer Avisma

Titanium-Magnesium Works, the FMV

now is based solely on SMW’s factors of

production. As a result the Department

is amending its final determination and

antidumping duty order of pure

magnesium from the Russian

Federation. The ad valorem weightedaverage dumping margin for Interlink is

as follows:

Interlink/Avisma—0.00

Interlink/SMW—0.00

Interlink/Other—100.25

This notice constitutes the amended

antidumping duty order with respect to

pure magnesium from the Russian

Federation. Interested parties may

contact the Central Records Unit, Room

B–099 of the Main Commerce Building,

for copies of an updated list of

antidumping duty orders currently in

effect.

This order are published in

accordance with section 736(a) of the

Act and 19 CFR 353.28(c).

Dated: December 14, 1995.

Barbara R. Stafford,

Deputy Assistant Secretary for Import

Administration.

[FR Doc. 95–30957 Filed 12–19–95; 8:45 am]

BILLING CODE 3510–DS–P