[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Pages 63787-63788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25456]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-864]
Pure Magnesium in Granular Form from the People's Republic of
China: Continuation of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of determinations by the Department of Commerce
(the ``Department'') and the International Trade Commission (the
``ITC'') that revocation of the antidumping duty (``AD'') order on pure
magnesium in granular form from the People's Republic of China
(``PRC'') would likely lead to a continuation or recurrence of dumping,
or to a continuation or recurrence of material injury within a
reasonably foreseeable time to an industry in the United States, the
Department is publishing this notice of continuation of the AD order.
DATES: Effective Date: October 17, 2012.
FOR FURTHER INFORMATION CONTACT: Laurel LaCivita or Eugene Degnan, AD/
CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
4243 and (202) 482-0414, respectively.
SUPPLEMENTARY INFORMATION: On February 1, 2012, the Department
initiated the second sunset review of the AD order on pure magnesium in
granular form from the PRC, pursuant to section 751(c) of the Tariff
Act of 1930, as amended (``the Act'').\1\
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\1\ See Initiation of Five-Year (``Sunset'') Review, 77 FR 4995
(February 1, 2012) (``Initiation Notice'').
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The Department conducted an expedited sunset review of the order.
As a result of its review, the Department determined that revocation of
the AD order on pure magnesium in granular form from the PRC would be
likely to lead to continuation or recurrence of dumping and notified
the ITC of the magnitude of the margins likely to prevail were the
order to be revoked.\2\
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\2\ See Pure Magnesium in Granular Form from the People's
Republic of China: Final Results of Expedited Second Sunset Review
of Antidumping Duty Order, 77 FR 33165 (June 5, 2012).
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On October 1, 2012, the ITC published its determination, pursuant
to section 751(c) of the Act, that revocation of the AD order on pure
magnesium in granular form from the PRC would likely lead to a
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time.\3\
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\3\ See Pure Magnesium (Granular) from China (Inv. No. 731-TA-
895 (Second Review)), 77 FR 59979 (October 1, 2012).
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Scope of the Order
There is an existing AD order on pure magnesium from the PRC.\4\
The scope of this order excludes pure magnesium that is already covered
by the existing order on pure magnesium in ingot form, and currently
classifiable under item numbers 8104.11.00 and 8104.19.00 of the
Harmonized Tariff Schedule of the United States (``HTSUS'').
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\4\ 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).
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The scope of this order includes imports of pure magnesium
products, regardless of chemistry, including, without limitation,
raspings, granules, turnings, chips, powder, and briquettes, except as
noted above.
Pure magnesium includes: (1) Products that contain at least 99.95
percent primary 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 primary magnesium, by weight (generally
referred to as ``pure'' magnesium); (3) chemical combinations of pure
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'' \5\
(generally referred to as ``off specification pure'' magnesium); and
(4) physical mixtures of pure magnesium and other material(s) in which
the pure magnesium content is 50 percent or greater, but less than 99.8
percent, by weight. Excluded from this order are mixtures containing 90
percent or less pure magnesium by weight and one or more of certain
non-magnesium granular materials to make magnesium-based reagent
mixtures. The non-magnesium granular materials of which the Department
is aware used to make such excluded reagents are: Lime, calcium metal,
calcium silicon, calcium carbide, calcium carbonate, carbon, slag
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina
(Al2O3), calcium aluminate, soda ash, hydrocarbons, graphite, coke,
silicon, rare earth metals/mischmetal, cryolite, silica/fly ash,
magnesium oxide, periclase, ferroalloys, dolomitic lime, and
colemanite. A party importing a magnesium-based reagent which includes
one or more materials not on this list is required to seek a scope
clarification from the Department before such a mixture may be imported
free of antidumping duties.
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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 of
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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The merchandise subject to this order is currently classifiable
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is
provided for convenience and customs purposes, our written description
of the scope of this order is dispositive.\6\
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\6\ The Department has issued four scope rulings with respect to
pure magnesium in granular form. See Notice of Scope Rulings and
Anticircumvention Inquiries, 68 FR 7772, 7774 (February 18, 2003);
Memorandum to the File ``Pure Magnesium in Granular Form from the
People's Republic of China: Final Scope Ruling: ESM Group Inc.,''
dated September 18, 2006; Memorandum to Christian Marsh, ``Pure
Magnesium in Granular Form from the People's Republic of China:
Final Scope Ruling on Granular Magnesium Ground in Mexico,'' dated
October 27, 2011; Memorandum to Christian Marsh, ``Pure Magnesium in
Granular Form from the People's Republic of China: Final Scope
Ruling for ESM Group Inc. (Atomized Magnesium),'' dated October 28,
2011.
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Continuation of the Order
As a result of these determinations by the Department and the ITC
that revocation of the AD order on pure magnesium in granular form
would likely lead to a continuation or recurrence of dumping, and
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD order on pure magnesium in granular form from
the PRC.
[[Page 63788]]
U.S. Customs and Border Protection will continue to collect cash
deposits at the rates in effect at the time of entry for all imports of
subject merchandise. The effective date of the continuation of the
order will be the date of publication in the Federal Register of this
notice of continuation. Pursuant to section 751(c)(2) of the Act, the
Department intends to initiate the next five-year review of the order
not later than 30 days prior to the fifth anniversary of the effective
date of continuation.
This five-year (sunset) review and this notice are in accordance
with section 751(c) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: October 4, 2012.
Paul Piquado,
Assistant Secretary for Import Administration.
[FR Doc. 2012-25456 Filed 10-16-12; 8:45 am]
BILLING CODE 3510-DS-P