[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)] [Notices] [Page 69067] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-33174] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 61, No. 252 / Tuesday, December 31, 1996 / Notices [[Page 69067]] DEPARTMENT OF COMMERCE International Trade Administration [A-570-832] Pure Magnesium from the People's Republic of China (PRC): Initiation of New Shipper Antidumping Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. ----------------------------------------------------------------------- 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 PRC. In accordance with 19 CFR 353.22(h), we are initiating this administrative review. EFFECTIVE DATE: December 31, 1996. FOR FURTHER INFORMATION CONTACT: Everett Kelly or Dorothy Tomaszewski, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone (202) 482-4194 or 482-0631, respectively. Applicable Statute and Regulations 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. 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). SUPPLEMENTARY INFORMATION: Background The Department has received a timely request from Taiyuan Heavy Machinery Import and Export Corporation (Taiyuan), in accordance with interim regulation 19 CFR 353.22(h) (1995), for a new shipper review of the antidumping duty order on pure magnesium from the PRC which has a May anniversary date. Taiyuan has certified that it did not export pure magnesium to the U.S. during the period of investigation (POI), and that it is not affiliated with any exporter or producer which did export pure magnesium during the POI. This certification is in accordance with section 751(a)(2)(B)) of the Tariff Act of 1930 as amended, and the Department's interim regulations, 19 CFR 353.22(h). Therefore, we are initiating the new shipper review as requested. However, it is the Department's usual practice with non-market economies 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 PRC government (as appropriate), allowing 30 days for response. If the responses from Taiyuan and the PRC government indicate adequately that Taiyuan is not subject to either de Jure or de facto government control with respect to its exports of pure magnesium, the review will proceed. If, on the other hand, Taiyuan does not demonstrate its eligibility for a separate rate, Taiyuan will be deemed to be affiliated with other companies that exported during the POI that did not establish their entitlement to a separate rate, and the review will be terminated. Initiation of Review In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR 353.22(h)(6), we are initiating a new shipper review of the antidumping duty order on pure magnesium from the PRC. We intend to issue the final results of review not later than 270 days from the date of publication of this notice. ------------------------------------------------------------------------ Antidumping Duty Proceeding Period to be Reviewed ------------------------------------------------------------------------ PRC: Pure Magnesium, A-570-832: Taiyuan Heavy Machinery Import and Export.. 05/01/96-10/31/96 ------------------------------------------------------------------------ Upon an affirmative separate rates determination, 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 companies, in accordance with 19 CFR 353.22(h)(4). Interested parties must submit applications for disclosure under administrative protective orders in accordance with 19 CFR 353.34(b). This initiation and this notice are in accordance with section 751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 353.22(h). Dated: December 20, 1996. Jeffrey P. Bialos, Principal Deputy Assistant Secretary, Import Administration. [FR Doc. 96-33174 Filed 12-30-96; 8:45 am] BILLING CODE 3510-DS-M