[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]


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 Notices
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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 delegations of authority, filing of petitions and applications and agency 
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  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