[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41771-41773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20500]


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DEPARTMENT OF COMMERCE
[A-122-814]


Pure Magnesium From Canada; Final Results of Antidumping Duty 
Administrative Review

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


[[Page 41772]]


ACTION: Notice of Final Results of Antidumping Duty Administrative 
Review.

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SUMMARY: On June 10, 1996, the Department of Commerce (the Department) 
published the preliminary results of administrative review of the 
antidumping duty order on pure magnesium from Canada (61 FR 29343). The 
review covers one manufacturer/exporter of the subject merchandise to 
the United States for the period August 1, 1994 through July 31, 1995. 
We gave interested parties an opportunity to comment on our preliminary 
results. Based on our analysis of the comments and rebuttal comments 
received, we have corrected certain clerical errors in the margin 
calculations. The final weighted-average dumping margin for the 
reviewed firm is listed below in the section entitled ``Final Results 
of the Review.''

EFFECTIVE DATE: August 12, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Rausher or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230, telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Act), are references to the provisions effective 
January 1, 1995, the effective date of the amendments made to the Act 
by the Uruguay Round Agreements Act (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations, as amended by the interim regulations 
published in the Federal Register on May 11, 1995 (60 FR 25130).

Background

    On June 10, 1996, the Department published the preliminary results 
of administrative review of the antidumping duty order on pure 
magnesium from Canada (61 FR 29343). We gave interested parties an 
opportunity to comment on the preliminary results. There was no request 
for a hearing. The Department has now conducted this review in 
accordance with section 751 of the Tariff Act of 1930, as amended (the 
Tariff Act).

Scope of the Review

    The product covered by this review is pure magnesium. Pure 
unwrought magnesium contains at least 99.8 percent magnesium by weight 
and is sold in various slab and ingot forms and sizes. Granular and 
secondary magnesium are excluded from the scope currently classified 
under subheading 8104.11.0000 of the Harmonized Tariff Schedule (HTS). 
The HTS item numbers are provided for convenience and for Customs 
purposes. The written description remains dispositive.
    The review covers one Canadian manufacturer/exporter, Norsk Hydro 
Canada Inc. (NHCI), and the period August 1, 1994 through July 31, 
1995.

Analysis of Comments Received

    We gave interested parties an opportunity to comment on the 
preliminary results. We received a case brief from the petitioner, 
Magnesium Corporation of America (Magcorp), and we received a case 
brief and rebuttal brief from the respondent, NHCI.
    Comment 1: NHCI argues that the Department's methodology in 
deducting from NHCI's gross unit price the amounts reported for 
antidumping and countervailing duty cash deposits is contrary to the 
antidumping statute and the Department's consistent practice which has 
been upheld by the Court of International Trade. Respondent claims that 
only ordinary ad valorem import duties, not antidumping and 
countervailing duty cash deposits, should be deducted from the gross 
unit price in calculating export price and requests that the Department 
amend its calculations accordingly.
    Department's Position: We agree with NHCI that we incorrectly 
deducted antidumping and countervailing duty cash deposits from the 
gross unit price of the U.S. transactions. For these final results, we 
have deducted only import duties from the gross unit price.
    Comment 2: Magcorp claims that the Department appears to have made 
a clerical error in the margin calculations with respect to currency 
conversion. Petitioner argues that a currency conversion is not 
necessary in the calculation of home market price, because there are 
several instances in the respondent's questionnaire response which 
indicate that a currency conversion is not necessary in order to 
calculate the dumping margin. Therefore, petitioner requests that the 
Department correct its calculations for the final results of review.
    NHCI agrees with Magcorp that the Department's margin calculations 
contain a currency conversion clerical error.
    Department's Position: For these final results, we converted into 
U.S. dollars only those home market price and expense amounts that NHCI 
reported in Canadian dollars.

Final Results of the Review

    As a result of this review, we determine that the following 
weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                                 Margin 
           Manufacturer/exporter                  Period       (percent)
------------------------------------------------------------------------
Norsk Hydro Canada, Inc....................    8/1/94-7/31/95       0.00
------------------------------------------------------------------------

    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. The Department will 
issue appraisement instructions directly to Customs.
    Furthermore, the following deposit requirements will be effective 
for all shipments of the subject merchandise entered, or withdrawn from 
warehouse, for consumption on or after the publication date of these 
final results of this administrative review, as provided by section 
751(a)(1) of the Act: (1) The cash deposit rate for NHCI will be the 
rate established above; (2) for merchandise exported by manufacturers 
or exporters not covered in this review but covered in the original 
less than fair value (LTFV) investigation or a previous review, the 
cash deposit will continue to be the most recent rate published in the 
final determination or final results for which the manufacturer or 
exporter received a company-specific rate; (3) if the exporter is not a 
firm covered in this review, or the original investigation, but the 
manufacturer is, the cash deposit rate will be that established for the 
manufacturer of the merchandise in these final results of review or the 
LTFV investigation; and (4) if neither the exporter nor the 
manufacturer is a firm covered in this or any previous review, the cash 
deposit rate will be 21 percent, the ``all others'' rate established in 
Pure Magnesium From Canada: Amendment of Final Determination of Sales 
At Less Than Fair Value and Order in Accordance With Decision on 
Remand, 58 FR 62643, November 29, 1993.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.
    This notice also serves as final reminder to importers of their 
responsibility 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 antidumping 
duties

[[Page 41773]]

occurred and the subsequent assessment of double antidumping duties.
    This notice also serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to 
comply is a violation of the APO.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: August 2, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-20500 Filed 8-09-96; 8:45 am]
BILLING CODE 3510-DS-P