[Federal Register Volume 62, Number 86 (Monday, May 5, 1997)]
[Notices]
[Pages 24417-24418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11658]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration
[A-122-814]


Pure Magnesium from Canada; Preliminary Results of Antidumping 
Duty Administrative Review

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

ACTION: Notice of preliminary results of antidumping duty 
administrative review.

-----------------------------------------------------------------------

SUMMARY: In response to a request from one respondent, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on pure magnesium from Canada. The review 
covers one manufacturer/exporter of the subject merchandise to the 
United States for the period August 1, 1995 through July 31, 1996.
    We have preliminarily determined that U.S. sales have not been made 
below the normal value (NV). We invite interested parties to comment on 
these preliminary results. Parties who submit comments in this 
proceeding are requested to submit with each argument (1) A statement 
of the issue, and (2) a brief summary of the argument.

EFFECTIVE DATE: May 5, 1997.

FOR FURTHER INFORMATION CONTACT: Mark Ross or Richard Rimlinger, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230, telephone: (202) 482-4733.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (the Tariff Act), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Tariff 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).

Background

    On August 31, 1992, the Department published in the Federal 
Register (57 FR 39399) the antidumping duty order on pure magnesium 
from Canada. On August 12, 1996, the Department published a notice of 
``Opportunity to Request Administrative Review'' of this antidumping 
duty order for the period of August 1, 1995 through July 31, 1996 (61 
FR 41768). We received a timely request for review from the respondent, 
Norsk Hydro Canada Inc. (NHCI). On September 17, 1996, the Department 
initiated a review of NHCI (61 FR 48883).

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 number is provided for convenience and for Customs 
purposes. The written description remains dispositive.
    The review covers one Canadian manufacturer/exporter, NHCI, and the 
period August 1, 1995 through July 31, 1996.

Export Price (EP)

    We calculated an EP for NHCI's U.S. transaction in accordance with 
section 772(a) of the Tariff Act because the subject merchandise was 
sold to an unaffiliated U.S. purchaser prior to the date of 
importation.
    We calculated EP based on the packed and delivered price to the 
unaffiliated customer in the United States. We made deductions from the 
gross unit price for freight in accordance with section 772(c)(2)(A) of 
the Tariff Act.
    No other adjustment to EP was claimed or allowed.

Normal Value (NV)

    We compared the aggregate quantity of home market and U.S. sales 
and found the quantity of foreign like product the respondent sold in 
the exporting country was sufficient to permit a proper comparison with 
the sale of the subject merchandise to the United States pursuant to 
section 773(a) of the Tariff Act. Specifically, we found

[[Page 24418]]

that the company's quantity of sales in its home market was greater 
than five percent of its sale to the United States. In addition, we did 
not find any information that a particular market situation in the 
exporting country does not permit a proper comparison with the sales of 
the subject merchandise to the United States. Therefore, in accordance 
with section 773(a)(1)(B)(i) of the Tariff Act, we based NV on the 
prices at which the foreign like product was first sold for consumption 
in the home market.
    Pursuant to section 777A(d)(2) of the Tariff Act, we compared the 
EP of the individual transaction to the monthly weighted-average price 
of sales of the foreign like product in the home market. We compared 
the EP sale to sales in the home market of identical merchandise.
    We based NV on the price at which the foreign like product is first 
sold for consumption in the home market, in the usual commercial 
quantities, in the ordinary course of trade, and at the same level of 
trade as the EP, in accordance with section 773(a)(1)(B)(i) of the 
Tariff Act. See the April 11, 1997, memorandum from Mark Ross to the 
File for a detailed description of our level-of-trade analysis for 
these preliminary results. Where applicable, in accordance with 
sections 773(a)(6)(B)(ii) and 773(a)(6)(C)(iii) of the Tariff Act, 
respectively, we deducted movement expenses from home market price and 
made a circumstance-of-sale adjustment for differences in credit 
expenses. We made the circumstance-of-sale adjustment to home market 
price by deducting HM credit expenses and adding U.S. credit expenses. 
Since the home market price of the foreign like product was reported 
net of direct taxes (which were not collected on the sale of the 
subject merchandise), we did not have to adjust the price of the 
foreign like product pursuant to section 773(a)(6)(B)(iii) of the 
Tariff Act. We increased home market price by U.S. packing costs in 
accordance with section 773(a)(6)(A) of the Tariff Act and reduced it 
by home market packing costs in accordance with section 773(a)(6)(B) of 
the Tariff Act. No other adjustments were claimed or allowed.

Preliminary Results of Review

    As a result of our review, we preliminarily determine the weighted-
average dumping margin (in percent) for the period August 1, 1995, 
through July 30, 1996 to be as follows:

------------------------------------------------------------------------
                   Manufacturer/Exporter                        Margin  
------------------------------------------------------------------------
Norsk Hydro Canada, Inc....................................         0.00
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within five days 
of the date of publication of this notice. Any interested party may 
request a hearing within 10 days of the date of publication of this 
notice. A hearing, if requested, will be held 44 days after the date of 
publication or the first workday thereafter. Issues raised in hearings 
will be limited to those raised in the respective briefs and rebuttal 
briefs. Case briefs from interested parties may be submitted not later 
than 30 days after the date of publication. Rebuttal briefs, limited to 
issues raised in the case briefs, may be filed not later than 37 days 
after the date of publication. Parties who submit briefs or rebuttal 
briefs in this proceeding are requested to submit with each argument 
(1) A statement of the issue and (2) a brief summary of the argument. 
The Department will issue the final results of this administrative 
review, including the results of its analysis of issues raised in any 
such written briefs or at a hearing, within 120 days of publication of 
these preliminary results.
    The Department shall determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. The final 
results of this review shall be the basis for the assessment of 
antidumping dumping duties on entries of merchandise covered by the 
determination and for future deposits of estimated duties. The 
Department will issue appraisement instructions directly to the Customs 
Service upon completion of this review.
    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 the 
final results of this administrative review, as provided by section 
751(a)(1) of the Tariff Act: (1) The cash deposit rate for NHCI will be 
the rate established in the final results of this administrative 
review; (2) for manufacturers or exporters other than NHCI that were 
covered in the original less-than-fair-value investigation or a 
previous review, the cash deposit rate 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, a prior 
review, or the original less-than-fair-value investigation, but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and (4) 
the cash deposit rate for all other manufacturers or exporters will 
continue to 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.
    This notice also serves as a preliminary reminder to importers of 
their responsibility under 19 CFR 353.26 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 occurred and the subsequent 
assessment of double antidumping duties.

    This administrative review and notice are in accordance with 
section 751(a)(1) of the Tariff Act (19 U.S.C. 1675(a)(1)) and 19 
CFR 353.22.

    Dated: April 28, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-11658 Filed 5-2-97; 8:45 am]
BILLING CODE 3510-DS-P