[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Notices]
[Pages 68712-68713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33176]


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DEPARTMENT OF COMMERCE
[A-570-832]


Pure Magnesium From the People's Republic of China: Notice of 
Initiation of New Shipper Antidumping Duty Administrative Review

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

ACTION: Notice of initiation of new shipper antidumping duty 
administrative review: pure magnesium from the People's Republic of 
China.

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SUMMARY: The Department of Commerce (the Department) has received a 
request to conduct a new shipper administrative review of the 
antidumping duty order on pure magnesium from the People's Republic of 
China (PRC), which has a May anniversary date. In accordance with 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 
353.22(h)(1995) of our Interim Regulations, we are initiating this new 
shipper administrative review.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Kris Campbell, 
Antidumping/Countervailing Duty Enforcement, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230. 
Telephone: (202) 482-0410 or 482-4733, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department has received a timely request from Taiyuan Heavy 
Machinery Import and Export Corporation (Taiyuan), in accordance with 
section 751(a)(2)(B) of the Tariff Act of 1930, as amended, (the Act) 
and 19 CFR 353.22(h) of the Department's Interim Regulations (60 FR 
25130, 25134 (May 11, 1995)) (Interim Regulations), for a new shipper 
administrative review of the antidumping duty order on pure magnesium 
from the PRC (60 FR 25691 (May 12, 1995)). Because the calendar month 
in which the anniversary of the date of publication of this order is 
May, the semi-annual anniversary months are May and November.

Initiation of New Shipper Administrative Review

    In its request, Taiyuan certified that it did not export the 
subject merchandise to the United States during the period of 
investigation (POI) (April 1, 1993 through March 31, 1994) and that it 
is not affiliated with any exporter or producer who exported the 
subject merchandise to the United States during the POI. Accompanying 
its request, Taiyuan provided certifications which indicate the date 
the merchandise was first entered for consumption in the United States, 
that it is not affiliated with any other company, and that it did not 
under its current or a former name export the subject merchandise to 
the United States during the POI. Therefore, in accordance with section 
751(a)(2)(B)(i) of the Act and 19 CFR 353.22(h) (1) and (6), we are 
initiating a new shipper review of the antidumping duty order on pure 
magnesium from the PRC.
    Further, in its request Taiyuan certified that its export 
activities are not controlled by the government of the PRC

[[Page 68713]]

or any other government entity. However, it is the Department's 
practice with non-market economies (NMEs) to require information 
regarding de jure and de facto government control over a company's 
export activities to establish its eligibility for an antidumping duty 
rate separate from the country-wide rate. Accordingly, we will issue a 
separate-rates questionnaire to Taiyuan and seek additional information 
from the government of the PRC, as appropriate. If the responses from 
Taiyuan and the government of the PRC adequately demonstrate that 
Taiyuan is not subject to de jure and de facto government control with 
respect to its exports of pure magnesium, the review will proceed. If, 
on the other hand, the responses do not demonstrate Taiyuan's 
eligibility for a separate rate, Taiyuan will be deemed to be 
affiliated with other companies that exported during the POI which did 
not establish their entitlement to a separate rate and we will 
terminate the new shipper review.
    If this review proceeds normally, we will issue the preliminary 
results of this review not later than 180 days from the date on which 
this review is initiated and the final results within 90 days after 
issuance of the preliminary results, unless these time limits are 
extended in accordance with section 751(a)(2)(B)(iv) of the Act and 
section 353.22(h)(7)(ii) of the Interim Regulations.

------------------------------------------------------------------------
          Antidumping duty proceeding             Period to be reviewed 
------------------------------------------------------------------------
Pure Magnesium: People's Republic of China:                             
    A-570-832; Taiyuan Heavy Machinery Import                           
     and Export Corporation....................        12/01/95-11/30/96
------------------------------------------------------------------------

    We will instruct the U.S. Customs Service to allow, at the option 
of the importer, the posting, until the completion of the review, of a 
bond or security in lieu of a cash deposit for each entry of the 
merchandise exported by the above listed company, in accordance with 
section 751(a)(2)(B)(iii) of the Act and 19 CFR 353.22(h)(4)(1995).
    Interested parties must submit applications for disclosure under 
administrative protective order in accordance with section 353.34(b) of 
the Department's regulations (19 CFR 353.34(b)(1995)).
    This initiation and this notice are in accordance with section 
751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and section 353.22(h) 
of the Interim Regulations.

    Dated: December 17, 1996.
Barbara R. Stafford,
Deputy Assistant Secretary, Antidumping/Countervailing Duty 
Enforcement.
[FR Doc. 96-33176 Filed 12-27-96; 8:45 am]
BILLING CODE 3510-DS-P