[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Notices]
[Pages 56989-56991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23354]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-819]


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

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

SUMMARY: On May 13, 2010, 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, 2008, through March 31, 2009.
    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: September 17, 2010.

FOR FURTHER INFORMATION: 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 May 13, 2010, 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, 75 FR 26922 (May 13, 2010) 
(Preliminary Results).
    We invited interested parties to comment on the Preliminary 
Results. At the request of certain parties, we held a public hearing, 
with a closed session, on July 28, 2010. 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 the People's Republic of China, 
Israel, and the Russian Federation. 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.

SMW

    As we stated in the Preliminary Results regarding no-shipment 
rescissions, our practice since implementation of the 1997 regulations 
concerning no-shipment respondents has been to rescind the 
administrative review if the respondent certifies that it had no 
shipments and we have confirmed through our examination of data from 
U.S. Customs and Border Protection (CBP) that there were no shipments 
of subject merchandise during the POR. See Antidumping Duties; 
Countervailing Duties, 62 FR 27296, 27393 (May 19, 1997), and Oil 
Country Tubular Goods from Japan: Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission of Review, 70 FR 
53161, 53162 (September 7, 2005), unchanged in Oil Country Tubular 
Goods from Japan: Final Results and Partial Rescission of Antidumping 
Duty Administrative Review, 71 FR 95 (January 3, 2006). As a result, in 
such circumstances, we normally instructed CBP to liquidate any entries 
from the no-shipment company at the deposit rate in effect on the date 
of entry.
    In our May 6, 2003, ``automatic assessment'' clarification, we 
explained that, where respondents in an administrative review 
demonstrate that they had no knowledge of sales through resellers to 
the United States, we would instruct CBP to liquidate such entries at 
the all-others rate applicable to the proceeding. See Antidumping and

[[Page 56990]]

Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 
FR 23954 (May 6, 2003) (Assessment of Antidumping Duties).
    Based on SMW's assertion of no shipments and confirmation of that 
claim by examination of CBP data, we continue to determine that SMW had 
no sales to the United States during the POR. See Preliminary Results, 
75 FR at 26923.
    As we stated in the Preliminary Results, because ``as entered'' 
liquidation instructions do not alleviate the concerns which the May 
2003 clarification was intended to address, we find it appropriate in 
this case to instruct CBP to liquidate any existing entries of 
merchandise produced by SMW and exported by other parties at the all-
others rate. In addition, we continue to find that it is more 
consistent with the May 2003 clarification not to rescind the review in 
part in these circumstances but, rather, to complete the review with 
respect to SMW and issue appropriate instructions to CBP based on the 
final results of the review. See the ``Assessment Rates'' section of 
this notice below.
    We did not receive any comments from interested parties on our 
change in practice with regard to no-shipment rescissions.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by AVISMA with regard to its sales in the United 
States and in the home market.
    We used standard verification procedures including examination of 
relevant accounting and production records and original source 
documents provided by AVISMA. See U.S. Sales Verification Report 
entitled ``Verification of the Sales Response of PSC VSMPO-AVISMA 
Corporation in the Antidumping Review of Magnesium Metal from the 
Russian Federation'' dated May 7, 2010, and Comparison-Market 
Verification Report entitled ``Verification of the Sales Response of 
the PSC VSMPO-AVISMA Corporation in the Antidumping Duty Review of 
Magnesium Metal from the Russian Federation'' dated June 21, 2010.

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 Susan H. Kuhbach, Acting Deputy Assistant Secretary, 
to Paul Piquado, Acting Deputy Assistant Secretary for Import 
Administration, dated September 10, 2010 (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.

Final Results of the Review

    As a result of our review, we determine that the following 
weighted-average dumping margins on magnesium metal from the Russian 
Federation exist for the period April 1, 2008, through March 31, 2009:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
PSC VSMPO-AVISMA Corporation................................        0.00
Solikamsk Magnesium Works...................................          *
------------------------------------------------------------------------
* No shipments or sales subject to this review. The firm has an
  individual rate from the last segment of the proceeding in which the
  firm had shipments or sales.

Assessment Rates

    We will instruct CBP to apply a dumping margin of zero percent to 
all entries of subject merchandise during the POR that were produced 
and exported by AVISMA and imported by AVISMA's U.S. affiliate.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003. See Assessment of Antidumping Duties. This clarification 
will apply to entries of subject merchandise during the POR produced by 
AVISMA or SMW for which AVISMA or SMW did not know their merchandise 
was destined for the United States. In such instances, we will instruct 
CBP to liquidate unreviewed entries of merchandise produced by AVISMA 
or SMW at the all-others rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Assessment of Antidumping Duties.
    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 zero 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

[[Page 56991]]

responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
notification of 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: September 10, 2010.
Paul Piquado,
Acting Deputy Assistant Secretary for Import Administration.

Appendix

1. Bill-and-Hold U.S. Sales
2. Constructed Export-Price Offset
3. Affiliation
4. Chlorine Gas Co-Product

[FR Doc. 2010-23354 Filed 9-16-10; 8:45 am]
BILLING CODE 3510-DS-P