[Federal Register Volume 76, Number 192 (Tuesday, October 4, 2011)]
[Notices]
[Pages 61342-61343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25532]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-819]
Magnesium Metal from the Russian Federation: Amended Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
DATES: Effective Date: October 4, 2011.
FOR FURTHER INFORMATION CONTACT: 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 September 13, 2011, the Department of Commerce (the Department)
published the final 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 56396 (September 13,
2011) (Final Results).
We received a timely allegation of ministerial errors pursuant to
19 CFR 351.224(c) from US Magnesium LLC, the petitioner, alleging that
we relied on unadjusted cost data to calculate constructed value for
the respondent, PSC VSMPO-AVISMA Corporation (AVISMA), and that we
inadvertently set constructed value selling expenses to zero in the
calculations. We agree with the petitioner that the alleged errors are
ministerial errors. Therefore, we are hereby amending the Final Results
with respect to AVISMA to correct ministerial errors in our calculation
of AVISMA's weighted-average margin in accordance with 19 CFR
351.224(e).
For details regarding the ministerial errors, see the memorandum
from Hermes Pinilla to the File entitled ``Administrative Review of the
Antidumping Duty Order on Magnesium Metal from the Russian Federation--
Amended Final Results Analysis Memorandum for PSC VSMPO-AVISMA
Corporation covering the period April 1, 2009, through March 31,
2010,'' concurrently with this notice.
Amended Final Results of the Review
As a result of our correction of ministerial errors, we determine
that, for the period April 1, 2009, through March 31, 2010, a weighted-
average dumping margin of 22.38 percent exists for AVISMA.
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 amended
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 for which AVISMA did not
know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries of
merchandise produced by AVISMA 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 these amended 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
[[Page 61343]]
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 this determination and notice in
accordance with sections 751(a)(1) and 777(i) of the Tariff Act of
1930, as amended, and 19 CFR 351.224(e).
Dated: September 27, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2011-25532 Filed 10-3-11; 8:45 am]
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