Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices 56989 

1This 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 publication of the preliminary 

results. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(3)(A) and 777(i) of the Act. 

Dated: September 10, 2010. 

Susan H. Kuhbach, 

Acting Deputy Assistant Secretary for 

Antidumping and Countervailing Duty 

Operations. 

[FR Doc. 2010–23346 Filed 9–16–10; 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 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 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. 

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 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
56990 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices 

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 ComparisonMarket 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 weightedaverage dumping margins on 

magnesium metal from the Russian 

Federation exist for the period April 1, 

2008, through March 31, 2009: 

Manufacturer/exporter Margin 

(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 cashdeposit 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 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Notices 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XZ12 

Fisheries of the South Atlantic and 

Gulf of Mexico; Southeast Data, 

Assessment, and Review (SEDAR); 

assessment webinar 7 for SEDAR 22 

yellowedge grouper and tilefish; Public 

Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 22 Gulf of 

Mexico yellowedge grouper and tilefish 

assessment webinar 7. 

SUMMARY: The SEDAR 22 assessments of 

the Gulf of Mexico stocks of yellowedge 

grouper and tilefish will consist of a 

series of workshops and webinars: a 

Data Workshop, a series of Assessment 

webinars, and a Review Workshop. See 

SUPPLEMENTARY INFORMATION. 

DATES: The fifth SEDAR 22 Assessment 

Process webinar will be held on 

Monday, October 4, 2010 from 12 p.m. 

to approximately 3 p.m. (EDT). The 

established times may be adjusted as 

necessary to accommodate the timely 

completion of discussion relevant to the 

assessment process. Such adjustments 

may result in the meeting being 

extended from, or completed prior to 

the time established by this notice. 

ADDRESSES: The meeting will be held 

via webinar. The webinar is open to 

members of the public. Those interested 

in participating should contact Julie 

Neer at SEDAR (See FOR FURTHER

INFORMATION CONTACT) to request an 

invitation providing webinar access 

information. 

A listening station will be available at 

the Gulf of Mexico Fishery Management 

Council office located at 2203 N Lois 

Avenue, Suite 1100, Tampa, FL 33607. 

Those interested in participating via the 

listening station should contact Julie A. 

Neer at SEDAR (See FOR FURTHER

INFORMATON CONTACT) at least 1 day 

prior to the webinar. 

FOR FURTHER INFORMATION CONTACT: Julie 

A Neer, SEDAR Coordinator, 4055 Faber 

Place, Suite 201, North Charleston, SC 

29405; telephone: (843) 571–4366; email: Julie.neer@safmc.net 

SUPPLEMENTARY INFORMATION: The Gulf 

of Mexico, South Atlantic, and 

Caribbean Fishery Management 

Councils, in conjunction with NOAA 

Fisheries and the Atlantic and Gulf 

States Marine Fisheries Commissions 

have implemented the Southeast Data, 

Assessment and Review (SEDAR) 

process, a multi-step method for 

determining the status of fish stocks in 

the Southeast Region. SEDAR is a threestep process including: (1) Data 

Workshop, (2) Assessment Process 

utilizing webinars and (3) Review 

Workshop. The product of the Data 

Workshop is a data report which 

compiles and evaluates potential 

datasets and recommends which 

datasets are appropriate for assessment 

analyses. The product of the Assessment 

Process is a stock assessment report 

which describes the fisheries, evaluates 

the status of the stock, estimates 

biological benchmarks, projects future 

population conditions, and recommends 

research and monitoring needs. The 

assessment is independently peer 

reviewed at the Review Workshop. The 

product of the Review Workshop is a 

Summary documenting Panel opinions 

regarding the strengths and weaknesses 

of the stock assessment and input data. 

Participants for SEDAR Workshops are 

appointed by the Gulf of Mexico, South 

Atlantic, and Caribbean Fishery 

Management Councils and NOAA 

Fisheries Southeast Regional Office and 

Southeast Fisheries Science Center. 

Participants include data collectors and 

database managers; stock assessment 

scientists, biologists, and researchers; 

constituency representatives including 

fishermen, environmentalists, and 

NGO’s; International experts; and staff 

of Councils, Commissions, and state and 

federal agencies. 

SEDAR 22 Assessment webinar VII: 

Using datasets recommended from the 

Data Workshop, participants will 

employ assessment models to evaluate 

stock status, estimate population 

benchmarks and management criteria, 

and project future conditions. 

Participants will recommend the most 

appropriate methods and configurations 

for determining stock status and 

estimating population parameters. 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), those 

issues may not be the subject of formal 

action during this meeting. Actions will 

be restricted to those issues specifically 

identified in this notice and any issues 

arising after publication of this notice 

that require emergency action under 

Section 305(c) of the Magnuson-Stevens 

Act, provided the public has been 

notified of the Council’s intent to take 

final action to address the emergency. 

Special Accommodations 

This meeting is physically accessible 

to people with disabilities. Requests for 

sign language interpretation or other 

auxiliary aids should be directed to the 

Council office (see ADDRESSES) at least 

10 business days prior to the meeting. 

Dated: September 14, 2010. 

Tracey L. Thompson, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2010–23290 Filed 9–16–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1705] 

Grant of Authority for Subzone Status 

Michelin North America, Inc. (Tire 

Distribution and Wheel Assembly) 

Baltimore, MD 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a–81u), 

the Foreign-Trade Zones Board (the 

Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘* * * the 

establishment* * * of foreign-trade 

zones in ports of entry of the United 

States, to expedite and encourage 

foreign commerce, and for other 

purposes,’’ and authorizes the ForeignTrade Zones Board to grant to qualified 

corporations the privilege of 

establishing foreign-trade zones in or 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1