[Federal Register Volume 75, Number 205 (Monday, October 25, 2010)]
[Notices]
[Pages 65450-65452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26931]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-896]


Magnesium Metal From the People's Republic of China: Final 
Results of the 2008-2009 Antidumping Duty Administrative Review of the 
Antidumping Duty Order

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

SUMMARY: On April 21, 2010, the Department of Commerce (``Department'') 
published the preliminary results in the 2008-2009 antidumping duty 
administrative review of magnesium metal from the People's Republic of 
China (``PRC'').\1\ The period of review (``POR'') is April 1, 2008, 
through March 31, 2009. We have determined that Tianjin Magnesium 
International Co., Ltd. (``TMI''), the only respondent in this review, 
made sales in the United States at prices below normal value (``NV''). 
There are no other respondents covered by this review. We invited 
interested parties to comment on our Preliminary Results. Based on our 
analysis of the comments received, we made changes to our margin 
calculations for TMI. The final dumping margin for this review is 
listed in the ``Final Results Margins'' section below.
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    \1\ See Magnesium Metal from the People's Republic of China: 
Preliminary Results of the 2008-2009 Administrative Review of the 
Antidumping Duty Order, 75 FR 20817 (April 21, 2010) (``Preliminary 
Results'').

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DATES: Effective Date: October 25, 2010.

FOR FURTHER INFORMATION CONTACT: Laurel LaCivita, Sergio Balbontin, Eve 
Wang, or Eugene Degnan, AD/CVD Operations, Office 8, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-4243, (202) 482-6478, (202) 482-6231 and 
(202) 482-0414, respectively.

Background

    On April 21, 2010, the Department published its Preliminary Results 
in the antidumping duty administrative review of magnesium metal from 
the People's Republic of China (``PRC'').\2\ On April 30, 2010, US 
Magnesium LLC (``Petitioner'') requested a hearing for issues raised in 
the case and rebuttal briefs.
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    \2\ See Preliminary Results.
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    On May 14, 2010, all parties (Petitioner and TMI) submitted 
publicly available surrogate value data to value TMI's factors of 
production. On May 24, parties submitted rebuttal comments addressing 
the May 14, 2010 submissions. On July 14, 2010, the Department re-
opened the record to place additional wage rate information on the 
record for consideration in the final results, and requested parties to 
provide comments on that data in their case and rebuttal briefs.
    We received the case briefs from Petitioner and TMI on July 22, 
2010, and rebuttal briefs on July 27, 2010. In addition, on August 26, 
2010, TMI provided comments on the Department's July 14, 2010, wage 
rate information. On August 30, 2010, Petitioner provided rebuttal 
comments to TMI's wage rate comment.
    On August 18, 2010, the Department extended the deadline for the 
final

[[Page 65451]]

results of review to October 18, 2010.\3\ The Department held a public 
hearing on September 1, 2010, which included discussion regarding the 
wage rate information submitted by the parties subsequent to the case 
and rebuttal briefs.
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    \3\ See Magnesium Metal from the People's Republic of China; 
Extension of Time for the Final Results of the Antidumping Duty 
Administrative Review, 75 FR 50992 (August 18, 2010).
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Analysis of Comments Received

    All issues raised in the case and rebuttal briefs filed by parties 
in this review are addressed in the Memorandum from Susan H. Kuhbach, 
Acting Deputy Assistant Secretary for Antidumping and Countervailing 
Duty Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for 
Import Administration, regarding, Magnesium Metal from the People's 
Republic of China: Issues and Decision Memorandum for the Final Results 
of the 2008-2009 Administrative Review, dated October 18, 2010 
(``Issues and Decision Memorandum''), which is hereby adopted by this 
notice. A list of the issues that parties raised and to which we 
responded in the Issues and Decision Memorandum follows as an appendix 
to this notice. The Issues and Decision Memorandum is a public document 
and is on file in the Central Records Unit (``CRU''), Main Commerce 
Building, Room 7046, and is also accessible on the Web at http://ia.ita.doc.gov/frn. The paper copy and electronic version of the Issues 
and Decision Memorandum are identical in content.

Verification

    As provided in section 782(i) of the Tariff Act of 1930, as amended 
(``the Act''), we verified the information submitted by TMI for use in 
our final results of review.\4\ We used standard verification 
procedures, including examination of relevant accounting and production 
records, as well as original source documents provided by TMI.
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    \4\ See Memorandum to Wendy J. Frankel, ``Antidumping Duty 
Administrative Review of Magnesium Metal from the People's Republic 
of China: Verification of the Sales and Factors of Production of 
Tianjin Magnesium Industries, (``TMI Verification Report'')'' dated 
July 1, 2010, on the record of this review CRU, Room 7046 of the 
main Department building.
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Period of Review

    The POR is April 1, 2008, through March 31, 2009.

Scope of the Order

    The product covered by this antidumping duty order is magnesium 
metal from the PRC, which includes primary and secondary 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 this order includes blends of primary and 
secondary magnesium.
    The subject merchandise includes the following alloy magnesium 
metal products made from primary and/or secondary magnesium including, 
without limitation, magnesium cast into ingots, slabs, rounds, billets, 
and other shapes; magnesium ground, chipped, crushed, or machined into 
rasping, granules, turnings, chips, powder, briquettes, and other 
shapes; and products that contain 50 percent or greater, but less than 
99.8 percent, magnesium, by weight, and that have been entered into the 
United States as conforming to an ``ASTM Specification for Magnesium 
Alloy'' \5\ and are thus outside the scope of the existing antidumping 
orders on magnesium from the PRC (generally referred to as ``alloy'' 
magnesium).
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    \5\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book for 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The scope of this order excludes: (1) All forms of pure magnesium, 
including chemical combinations of 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'' \6\; (2) magnesium that is in 
liquid or molten form; and (3) 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.\7\
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    \6\ The material is already covered by existing antidumping 
orders. 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); and Antidumping Duty 
Order: Pure Magnesium in Granular Form from the People's Republic of 
China, 66 FR 57936 (November 19, 2001).
    \7\ This third exclusion for magnesium-based reagent mixtures is 
based on the exclusion for reagent mixtures in the 2000-2001 
investigations of magnesium from China, Israel, and Russia. See 
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); Final Determination of Sales at Less Than Fair 
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001); 
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 
combined in liquid form and cast into the same ingot.
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    The merchandise subject to this order is classifiable under items 
8104.19.00, and 8104.30.00 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). Although the HTSUS items are provided for 
convenience and customs purposes, the written description of the 
merchandise is dispositive.

Changes Since the Preliminary Results

    Based on an analysis of the comments received, the Department has 
made certain changes in the margin calculation. For the final results, 
the Department has made the following changes:
    <bullet> We revised our determination of the surrogate financial 
ratios to include the financial statements of Gujarat Foils Ltd. with 
those of Sudal Industries, Ltd., which we used in the preliminary 
results of review. See Comment 1 of the accompanying Issues and 
Decision Memorandum.
    <bullet> We revised the surrogate wage rate. See Comments 3 through 
6 of the accompanying Issues and Decision Memorandum.
    <bullet> We revised the surrogate value for brokerage and handling. 
See Comments 8 of the accompanying Issues and Decision Memorandum.

Final Results Margin

    We determine the weighted-average dumping margin for TMI for the 
period April 1, 2008, through March 31, 2009, to be 0.00 percent.

Assessment Rates

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and U.S. Customs and Border Protection 
(``CBP'') shall assess, antidumping duties on all appropriate entries 
of subject merchandise in accordance with the final results of this 
review. For assessment purposes, we calculated

[[Page 65452]]

importer (or customer)-specific assessment rates for merchandise 
subject to this review. Where appropriate, we calculated an ad valorem 
rate for each importer (or customer) by dividing the total dumping 
margins for reviewed sales to that party by the total entered values 
associated with those transactions. For duty-assessment rates 
calculated on this basis, we will direct CBP to assess the resulting ad 
valorem rate against the entered customs values for the subject 
merchandise. Where appropriate, we calculated a per-unit rate for each 
importer (or customer) by dividing the total dumping margins for 
reviewed sales to that party by the total sales quantity associated 
with those transactions. For duty-assessment rates calculated on this 
basis, we will direct CBP to assess the resulting per-unit rate against 
the entered quantity of the subject merchandise. Where an importer (or 
customer)-specific assessment rate is de minimis (i.e., less than 0.50 
percent), the Department will instruct CBP to assess that importer (or 
customer's) entries of subject merchandise without regard to 
antidumping duties, in accordance with 19 CFR 351.106(c)(2). The 
Department intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date, as 
provided for by section 751(a)(2)(C) of the Act: (1) For TMI, the cash 
deposit rate will be 0.00 percent, as listed above; (2) for previously 
investigated or reviewed PRC and non-PRC exporters not listed above 
that have separate rates, the cash deposit rate will continue to be the 
exporter-specific rate published for the most recent period; (3) for 
all PRC exporters of subject merchandise which have not been found to 
be entitled to a separate rate, the cash deposit rate will be the PRC-
wide rate of 141.49 percent; and (4) for all non-PRC exporters of 
subject merchandise which have not received their own rate, the cash 
deposit rate will be the rate applicable to the PRC exporter that 
supplied that non-PRC exporter. The deposit requirements shall remain 
in effect until further notice.

Notification to Importers

    This notice also 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 the antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification to Interested Parties

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under the APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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.

Disclosure

    We will disclose the calculations performed within five days of the 
date of publication of this notice to parties in this proceeding in 
accordance with 19 CFR 351.224(b).
    We are issuing and publishing the final results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

Appendix I

Comment 1: The Selection of Surrogate Financial Statements
Comment 2: Information Contained in Petitioner's Case Brief Which is 
Not on the Record of This Review
Comment 3: Whether the Department Should Calculate the Surrogate 
Value for Labor Using Multiple Surrogate Countries or a Single 
Country, India
Comment 4: Whether the Department Should Expand the List Of 
Economically Comparable Countries
Comment 5: Whether To Use ILO Wage Data Contemporaneous With the POR 
Rather Than Using Pre-POR Data and Adjusting for Inflation
Comment 6: Whether the Department Should Exclude Indian Data from 
the Wage Rate Calculation
Comment 7: The Source of the Surrogate Value Foreign Inland Freight
Comment 8: The Surrogate Value for Brokerage and Handling
Comment 9: Valuation of Flux
Comment 10: The Accuracy of TMI's Reported Flux Consumption
Comment 11: The Appropriate HTS Classification for Magnesium Waste 
and Scrap

[FR Doc. 2010-26931 Filed 10-22-10; 8:45 am]
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