[Federal Register Volume 76, Number 177 (Tuesday, September 13, 2011)]
[Notices]
[Pages 56396-56397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23379]
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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 6, 2011, 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 period
of review (POR) is April 1, 2009, through March 31, 2010.
Based on our analysis of the comments received we have made changes
in the margin for one company. Therefore, the final results differ from
the preliminary results. The final margin is listed below in the
section entitled ``Final Results of the Review.''
DATES: Effective Date: September 13, 2011.
FOR FURTHER INFORMATION: Hermes Pinilla, 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.
SUPPLEMENTARY INFORMATION:
Background
On May 6, 2011, 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, 76 FR 26247 (May 6, 2011)
(Preliminary Results).
We invited interested parties to comment on the Preliminary Results
and received case and rebuttal briefs from interested parties. 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 \1\ 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.
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\1\ We revoked the order effective April 15, 2010. See Magnesium
Metal From the Russian Federation: Revocation of Antidumping Duty
Order Pursuant to Five-Year Sunset Review, 76 FR 13128 (March 10,
2011).
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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.\2\
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\2\ 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.
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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.
No-Shipment Determination
Based on the information Solikamsk Magnesium Works (SMW) provided
on the record, we continue to find that SMW did not have knowledge of
exports or involvement in imports of magnesium metal into the United
States during the POR. Thus, we did not request SMW to report such
sales for purposes of calculating a dumping margin in this
administrative review.
See Preliminary Results, 76 FR at 26248-49. Therefore, we have
determined that SMW did not make shipments of subject merchandise
during the POR.
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 Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration, dated
concurrently with this notice (Decision Memorandum), 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 Memorandum and
attached to this notice as an Appendix. The
[[Page 56397]]
Decision Memorandum, which is a public document, is on file in the
Central Records Unit, main Department of Commerce building, Room 7046,
and is accessible on the Web at http://ia.ita.doc.gov/frn/index.html.
The paper copy and electronic version of the Decision Memorandum are
identical in content.
Changes From the Preliminary Results
As a result of our analysis of the comments we received, we have
made certain changes to the margin calculation for PSC VSMPO-AVISMA
Corporation (AVISMA) for the final results. Specifically, we have
revised AVISMA's reported costs of production for the April 1 through
December 31, 2009, period to reflect the treatment of chlorine gas as a
byproduct of raw magnesium production. We then calculated AVISMA's POR
costs as the weighted average of the revised costs for the period April
1 through December 31, 2009, and the costs for the period January 1
through March 31, 2010, that we calculated for the Preliminary Results.
For further discussion of this change, see Comment 1.A of the Decision
Memorandum.
Our comparison of AVISMA's revised costs to its reported sales
establishes that all of AVISMA's sales in the comparison market were
made at prices below cost. In accordance with section 773(b)(1)(B) of
the Act, we have relied upon the constructed value of the subject
merchandise for purposes of these final results. For further discussion
of this change, see Comment 1.B of the Decision Memorandum.
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, 2009, through March 31, 2010:
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Margin
Manufacturer/exporter (percent)
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PSC VSMPO-AVISMA Corporation........................... 2.24
Solikamsk Magnesium Works.............................. *
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* No shipments or sales subject to this review.
Assessment Rates
The Department shall determine and U.S. Customs and Border
Protection (CBP) shall assess antidumping duties on all appropriate
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated an
importer-specific assessment rate for AVISMA reflecting these final
results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. 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
Antidumping and Countervailing Duty Proceedings: Assessment of
Antidumping Duties, 68 FR 23954 (May 6, 2003).
The Department intends to issue instructions to CBP 15 days after
the publication of the final results of review.
Cash-Deposit Requirements
Because we revoked the order effective April 15, 2010, no cash
deposit for estimated antidumping duties on future entries of subject
merchandise is required.
Notifications
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.
This notice also serves as a reminder to parties subject to
administrative protective order (APO) of their 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 6, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
Appendix
1. Cost Methodology
2. Affiliation
3. Zeroing
[FR Doc. 2011-23379 Filed 9-12-11; 8:45 am]
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