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Federal Register / Vol. 72, No.

175 / Tuesday, September 11, 2007 / Notices 51791

6: Use of adverse facts available if U.S. Magnesium LLC (U.S. Magnesium), granular materials to make magnesium–
Preliminary rescission of review for one of the petitioners in the original based reagent mixtures, including lime,
Axes/Adzes is reversed investigation, submitted a case brief calcium metal, calcium silicon, calcium
[FR Doc. E7–17857 Filed 9–10–07; 8:45 am] regarding the cost calculation of certain carbide, calcium carbonate, carbon, slag
BILLING CODE 3510–DS–S by–products internally consumed by coagulants, fluorspar, nephaline syenite,
SMW. On June 6, 2007, AVISMA feldspar, alumina (Al203), calcium
submitted a case brief commenting on aluminate, soda ash, hydrocarbons,
DEPARTMENT OF COMMERCE the calculation of AVISMA’s General graphite, coke, silicon, rare earth
and Administrative (G&A) expenses and metals/mischmetal, cryolite, silica/fly
International Trade Administration a small number of sales of cylinders in ash, magnesium oxide, periclase,
the home market. On June 15, 2007, ferroalloys, dolomite lime, and
SMW filed a rebuttal brief regarding colemanite.1
Magnesium Metal from the Russian U.S. Magnesium’s case brief and U.S. The merchandise subject to this order
Federation: Final Results of Magnesium submitted a rebuttal brief is currently classifiable under items
Antidumping Duty Administrative regarding AVISMA’s case brief. All case 8104.11.00, 8104.19.00, 8104.30.00, and
Review and rebuttal briefs were timely filed. 8104.90.00 of the Harmonized Tariff
Schedule of the United States (HTSUS).
AGENCY: Import Administration, Period of Review Although the HTSUS item numbers are
International Trade Administration, This review covers the period October provided for convenience and customs
Department of Commerce. 4, 2004 through March 31, 2006. purposes, the written description of the
SUMMARY: On May 7, 2007, the merchandise covered by this order is
Scope of the Order
Department of Commerce (the dispositive.
Department) published in the Federal The merchandise covered by this On November 9, 2006, in response to
Register its preliminary results of the order is magnesium metal (also referred U.S. Magnesium’s request for scope
administrative review of the to as magnesium), which includes rulings, the Department issued a final
antidumping duty order on magnesium primary and secondary pure and alloy scope ruling in which we determined
metal from the Russian Federation. See magnesium metal, regardless of that the processing of pure magnesium
Magnesium Metal from the Russian chemistry, raw material source, form, ingots, imported from Russia by
Federation: Preliminary Results of shape, or size. Magnesium is a metal or Timminco, a Canadian company, into
Antidumping Duty Administrative alloy containing by weight primarily the pure magnesium extrusion billets
Review, 72 FR 25740 (May 7, 2007) element magnesium. Primary constitutes substantial transformation.
(Preliminary Results). The review covers magnesium is produced by Therefore, such alloy magnesium
two respondents, PSC VSMPO– decomposing raw materials into extrusion billets produced and exported
AVISMA Corporation and its affiliated magnesium metal. Secondary by Timminco are a product of Canada,
U.S. reseller VSMPO–Tirus, U.S. Inc. magnesium is produced by recycling and thus not included within the scope
(collectively AVISMA), and Solikamsk magnesium–based scrap into of the order. See November 9, 2006
Magnesium Works (SMW). The period magnesium metal. The magnesium Memorandum for Stephen J. Claeys,
of review (POR) is October 4, 2004, covered by this order includes blends of Deputy Assistant Secretary for Import
through March 31, 2006. We invited primary and secondary magnesium. Administration, from Barbara E.
interested parties to submit comments The subject merchandise includes the Tillman, Director, Office 6, and Wendy
on our Preliminary Results. Based on following pure and alloy magnesium Frankel, Director, Office 8, China/NME
our analysis of the comments received, metal products made from primary and/ Group, AD/CVD Operations: Pure
we have made changes to our or secondary magnesium, including, Magnesium from the People’s Republic
calculations with regard to AVISMA. without limitation, magnesium cast into of China (A–570–832), Magnesium
The final dumping margins for this ingots, slabs, rounds, billets, and other Metal from the People’s Republic of
review are listed in the ‘‘Final Results shapes, and magnesium ground, China (A–570–896), and Magnesium
of Review’’ section below. chipped, crushed, or machined into Metal from Russia (A–821–819): Final
raspings, granules, turnings, chips, Ruling in the Scope Inquiry on Russian
EFFECTIVE DATE: September 11, 2007.
powder, briquettes, and other shapes: and Chinese Magnesium Processed in
FOR FURTHER INFORMATION CONTACT: (1) products that contain at least 99.95 Canada.
Mark Hoadley (AVISMA and SMW), percent magnesium, by weight
Gene Calvert (AVISMA), Jack Zhao (generally referred to as ‘‘ultra–pure’’ Analysis of Comments Received
(SMW); AD/CVD Operations, Office 6, magnesium); (2) products that contain All issues raised in the case and
Import Administration, International less than 99.95 percent but not less than rebuttal briefs by parties to this
Trade Administration, U.S. Department 99.8 percent magnesium, by weight proceeding are listed in the Appendix to
of Commerce, 14th Street and (generally referred to as ‘‘pure’’
Constitution Avenue, NW, Washington, magnesium); and (3) chemical 1 This second exclusion for magnesium-based

DC 20230, telephone numbers (202) combinations of magnesium and other reagent mixtures is based on the exclusion for
482–3148, (202) 482–3586, and (202) reagent mixtures in the 2000–2001 investigations of
material(s) in which the magnesium magnesium from China, Israel, and Russia. See
482–1396, respectively. content is 50 percent or greater, but less Notice of Final Determination of Sales at Less Than
SUPPLEMENTARY INFORMATION: that 99.8 percent, by weight, whether or Fair Value: Pure Magnesium in Granular Form
not conforming to an ‘‘ASTM From the People’s Republic of China, 66 FR 49345
Background (September 27, 2001); Notice of Final Determination
Specification for Magnesium Alloy’’. of Sales at Less Than Fair Value: Pure Magnesium
On May 7, 2007, the Department The scope of this order excludes: (1)
sroberts on PROD1PC70 with NOTICES

From Israel, 66 FR 49349 (September 27, 2001);

published the preliminary results of this magnesium that is in liquid or molten Notice of Final Determination of Sales at Not Less
review in the Federal Register. See form; and (2) mixtures containing 90 Than Fair Value: Pure Magnesium From the
Russian Federation, 66 FR 49347 (September 27,
Preliminary Results. Since the percent or less magnesium in granular 2001). These mixtures are not magnesium alloys,
Preliminary Results, the following or powder form by weight and one or because they are not chemically combined in liquid
events have occurred. On June 6, 2007, more of certain non–magnesium form and cast into the same ingot.

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51792 Federal Register / Vol. 72, No. 175 / Tuesday, September 11, 2007 / Notices

this notice and addressed in the Duty Assessment the cash deposit rate will continue to be
Memorandum from Stephen J. Claeys, The Department shall determine, and 21.01 percent, the ‘‘All Others’’ rate
Deputy Assistant Secretary for Import U.S. Customs and Border Protection established in the LTFV investigation.
Administration, to David M. Spooner, (CBP) shall assess, antidumping duties See Antidumping Duty Order. These
Assistant Secretary for Import on all appropriate entries. In accordance cash deposit requirements, when
Administration, Issues and Decision with 19 CFR 351.212(b)(1), we will issue imposed, shall remain in effect until
Memorandum for the Administrative importer–specific assessment further notice.
Review of the Antidumping Duty Order instructions for entries of subject Notification to Importers
on Magnesium Metal from the Russian merchandise during the POR. The
Federation (Decision Memorandum), This notice also serves as the final
Department intends to issue assessment reminder to importers of their
dated concurrently with this notice, instructions directly to CBP 15 days
which is hereby adopted by this notice. responsibility under 19 CFR 351.402(f)
after the date of publication of these to file a certificate regarding the
Parties can find a complete discussion final results of review.
of the issues raised in this review in this reimbursement of antidumping duties
The Department clarified its
public memorandum which is on file in prior to liquidation of the relevant
‘‘automatic assessment’’ regulation in
the Central Records Unit (CRU), room entries during this review period.
Antidumping and Countervailing Duty
B–099 of the Department of Commerce Failure to comply with this requirement
Proceedings: Assessment of
building. In addition, a complete could result in the Secretary’s
Antidumping Duties, 68 FR 23954 (May
version of the Decision Memorandum presumption that reimbursement of
6, 2003). This clarification will apply to
can be accessed directly on the Internet antidumping duties occurred and in the
entries of subject merchandise during
at: The paper subsequent assessment of double
the POR produced by companies
copy and the electronic version of the antidumping duties.
included in these final results of review
Decision Memorandum are identical in for which the reviewed companies did Notification Regarding Administrative
content. not know their merchandise was Protective Order
Changes Since the Preliminary Results destined for the United States. In such This notice also serves as the only
instances, if there is no rate for the reminder to parties subject to
Based on the comments received from intermediate company(ies) involved in administrative protective order (APO) of
the interested parties, we have made the transaction, we will instruct CBP to their responsibility concerning the
changes to the margin calculations used liquidate unreviewed entries at the all disposition of proprietary information
in the Preliminary Results. These others rate of 21.01 percent established disclosed under APO as explained in
adjustments are discussed in detail in in the less than fair value (LTFV) the APO itself. See 19 CFR
the Decision Memorandum. For investigation. See Notice of 351.305(a)(3). Timely written
AVISMA, we adjusted AVISMA’s Antidumping Duty Order: Magnesium notification of the return/destruction of
general and administrative (‘‘G&A’’) Metal From the Russian Federation, 70 APO materials or conversion to judicial
expense rate. For SMW, we made no FR 19930 (April 15, 2005) (Antidumping protective order is hereby requested.
change in response to petitioner’s Duty Order). See also Section Failure to comply with the regulations
argument for rejecting SMW’s claim for 751(a)(2)(C) of the Tariff Act of 1930, as and terms of the APO is a sanctionable
an offset to the magnesium products’ amended (the Act). violation.
cost for the chlorine gas generated by This notice is issued and published in
the magnesium production unit. The Cash Deposit Requirements
accordance with sections 751(a)(1) and
specifics of respondent’s and The following cash deposit 777(i)(1) of the Act.
petitioner’s arguments and the requirements will be effective upon
publication of the final results of this Dated: September 04, 2007.
Department’s response to them require
the reference to business proprietary administrative review for all shipments David M. Spooner,
information. Therefore, the parties’ of the subject merchandise entered, or Assistant Secretary for Import
arguments and our position are fully withdrawn from warehouse, for Administration.
discussed in a separate business consumption on or after the publication Appendix
proprietary memorandum. See date, consistent with section
Memorandum from Christopher Zimpo 751(a)(2)(C) of the Act: (1) for the List of Issues Covered in the Decision
to Neal Halper, Cost of Production and companies covered by this review, the Memorandum
Constructed Value Calculation cash deposit rate will be zero for Part I AVISMA
Adjustments for the Final Results— AVISMA and 3.77 percent for SMW; (2) Comment 1: Fiscal Year Versus POR
Solikamsk Magnesium Works, dated if the exporter is not a firm covered in G&A Expenses
concurrently with this notice. this review, but was covered in a Comment 2: Error in Reported G&A
previous review or the original LTFV Expenses
Final Results of Review
investigation, the cash deposit rate will Comment 3: Auxiliary Services in
We determine that the following continue to be the company–specific G&A Expenses
weighted–average antidumping margins rate published for the most recent Comment 4: Impact of AVIMSA’s
exist for the period October 4, 2004 period; (3) if the exporter is not a firm Merger with VSMPO on G&A Expense
through March 31, 2006: covered in this review, a prior review, Rate
or the original LTFV investigation, but Comment 5: Financial Expense Ratio
Weighted–Average the manufacturer is, the cash deposit Comment 6: Certain Sales of
Manufacturer/exporter Margin (percent) rate will be the rate established for the Cylinders in the Home Market
sroberts on PROD1PC70 with NOTICES

most recent period for the manufacturer

of the merchandise; and (4) if neither
Corporation ............... 0.41 (de minimis) the exporter nor the manufacturer is a Comment 7:Chlorine Gas Offset
Solikamsk Magnesium
firm covered in this or any previous [FR Doc. E7–17859 Filed 9–10–07; 8:45 am]
Works ........................ 3.77
review conducted by the Department, BILLING CODE 3510–DS–S

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