[Federal Register Volume 64, Number 147 (Monday, August 2, 1999)]
[Notices]
[Pages 41961-41963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19758]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-309 (Review) and 731-TA-528 (Review)]


Magnesium From Canada

AGENCY: United States International Trade Commission.

ACTION: Institution of five-year reviews concerning the countervailing 
duty and antidumping duty orders on magnesium from Canada.

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SUMMARY: The Commission hereby gives notice that it has instituted 
reviews pursuant to section 751(c) of the Tariff Act of 1930 (19 U.S.C. 
Sec. 1675(c)) (the Act) to determine whether revocation of the 
countervailing duty and antidumping duty orders on magnesium from 
Canada would be likely to lead to continuation or recurrence of 
material injury. Pursuant to section 751(c)(2) of the Act, interested 
parties are requested to respond to this notice by submitting the 
information specified below to the Commission; 1 to be 
assured of consideration, the deadline for responses is September 21, 
1999. Comments on the adequacy of responses may be filed with the 
Commission by October 15, 1999.
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    \1\  No response to this request for information is required if 
a currently valid Office of Management and Budget (OMB) number is 
not displayed; the OMB number is 3117-0016/USITC No. 99-5-031. 
Public reporting burden for the request is estimated to average 7 
hours per response. Please send comments regarding the accuracy of 
this burden estimate to the Office of Investigations, U.S. 
International Trade Commission, 500 E Street, SW, Washington, DC 
20436.
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    For further information concerning the conduct of these reviews and 
rules of general application, consult the Commission's Rules of 
Practice and Procedure, part 201, subparts A through E (19 CFR part 
201), and part 207, subparts A, D, E, and F (19 CFR part 207). Recent 
amendments to the Rules of Practice and Procedure pertinent to five-
year reviews, including the text of subpart F of part 207, are 
published at 63 F.R. 30599, June 5, 1998, and may be downloaded from 
the Commission's World Wide Web site at http://www.usitc.gov/rules.htm.

EFFECTIVE DATE: August 2, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Messer (202-205-3193), Elizabeth 
Haines (202-205-3200), or Vera Libeau (202-205-3176), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    On August 31, 1992, the Department of Commerce issued the following 
orders:

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             Product/country                           Inv. No.                            F.R. cite
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Pure magnesium/Canada...................  731-TA-528                          57 F.R. 39390.
Alloy magnesium/Canada..................  701-TA-309                          57 F.R. 39392.
Pure magnesium/Canada...................  701-TA-309                          57 F.R. 39392.
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The Commission is conducting reviews to determine whether revocation of 
the orders would be likely to lead to continuation or recurrence of 
material injury to the domestic industry within a reasonably 
foreseeable time. It will assess the adequacy of interested party 
responses to this notice of institution to determine whether to conduct 
full reviews or expedited reviews. The Commission's determinations in 
any expedited reviews will be based on the facts available, which may 
include information provided in response to this notice.

Definitions

    The following definitions apply to these reviews:
    (1) Subject Merchandise is the class or kind of merchandise that is 
within the scope of the five-year reviews, as defined by the Department 
of Commerce. In this case Commerce identified two classes or kinds of 
subject merchandise: pure magnesium and alloy magnesium.
    (2) The Subject Country in these reviews is Canada.
    (3) The Domestic Like Product is the domestically produced product 
or products which are like, or in the absence of like, most similar in 
characteristics and uses with, the Subject Merchandise. In its original 
determinations, the Commission defined one Domestic Like Product 
consisting of primary magnesium. Certain Commissioners defined the 
Domestic Like Product differently. A U.S.-Canada Binational Panel 
subsequently remanded the case to the Commission, with instructions to 
conduct a separate injury analysis for the following two industries: 
(1) Alloy magnesium and (2) pure magnesium. For purposes of this 
notice, you should report information separately on each of the 
following two Domestic Like Products: (1) Alloy magnesium and (2) pure 
magnesium.

[[Page 41962]]

    (4) The Domestic Industry is the U.S. producers as a whole of the 
Domestic Like Product, or those producers whose collective output of 
the Domestic Like Product constitutes a major proportion of the total 
domestic production of the product. In its original determinations, the 
Commission defined the Domestic Industry as producers of primary 
magnesium. Certain Commissioners defined the Domestic Industry 
differently. A U.S.-Canada Binational Panel subsequently remanded the 
case to the Commission, with instructions to conduct a separate injury 
analysis for the following two industries: (1) Alloy magnesium and (2) 
pure magnesium. For purposes of this notice, you should report 
information separately on each of the following two Domestic 
Industries: (1) Alloy magnesium and (2) pure magnesium.
    (5) The Order Date is the date that the countervailing duty and 
antidumping duty orders under review became effective. In these 
reviews, the Order Date is August 31, 1992.
    (6) An Importer is any person or firm engaged, either directly or 
through a parent company or subsidiary, in importing the Subject 
Merchandise into the United States from a foreign manufacturer or 
through its selling agent.

Participation in the Reviews and Public Service List

    Persons, including industrial users of the Subject Merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the reviews as parties must 
file an entry of appearance with the Secretary to the Commission, as 
provided in section 201.11(b)(4) of the Commission's rules, no later 
than 21 days after publication of this notice in the Federal Register. 
The Secretary will maintain a public service list containing the names 
and addresses of all persons, or their representatives, who are parties 
to the reviews.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and APO Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI submitted in these reviews available to 
authorized applicants under the APO issued in the reviews, provided 
that the application is made no later than 21 days after publication of 
this notice in the Federal Register. Authorized applicants must 
represent interested parties, as defined in 19 U.S.C. Sec. 1677(9), who 
are parties to the reviews. A separate service list will be maintained 
by the Secretary for those parties authorized to receive BPI under the 
APO.

Certification

    Pursuant to section 207.3 of the Commission's rules, any person 
submitting information to the Commission in connection with these 
reviews must certify that the information is accurate and complete to 
the best of the submitter's knowledge. In making the certification, the 
submitter will be deemed to consent, unless otherwise specified, for 
the Commission, its employees, and contract personnel to use the 
information provided in any other reviews or investigations of the same 
or comparable products which the Commission conducts under Title VII of 
the Act, or in internal audits and investigations relating to the 
programs and operations of the Commission pursuant to 5 U.S.C. Appendix 
3.

Written Submissions

    Pursuant to section 207.61 of the Commission's rules, each 
interested party response to this notice must provide the information 
specified below. The deadline for filing such responses is September 
21, 1999. Pursuant to section 207.62(b) of the Commission's rules, 
eligible parties (as specified in Commission rule 207.62(b)(1)) may 
also file comments concerning the adequacy of responses to the notice 
of institution and whether the Commission should conduct expedited or 
full reviews. The deadline for filing such comments is October 15, 
1999. All written submissions must conform with the provisions of 
sections 201.8 and 207.3 of the Commission's rules and any submissions 
that contain BPI must also conform with the requirements of sections 
201.6 and 207.7 of the Commission's rules. The Commission's rules do 
not authorize filing of submissions with the Secretary by facsimile or 
electronic means. Also, in accordance with sections 201.16(c) and 207.3 
of the Commission's rules, each document filed by a party to the 
reviews must be served on all other parties to the reviews (as 
identified by either the public or APO service list as appropriate), 
and a certificate of service must accompany the document (if you are 
not a party to the reviews you do not need to serve your response).

Inability To Provide Requested Information

    Pursuant to section 207.61(c) of the Commission's rules, any 
interested party that cannot furnish the information requested by this 
notice in the requested form and manner shall notify the Commission at 
the earliest possible time, provide a full explanation of why it cannot 
provide the requested information, and indicate alternative forms in 
which it can provide equivalent information. If an interested party 
does not provide this notification (or the Commission finds the 
explanation provided in the notification inadequate) and fails to 
provide a complete response to this notice, the Commission may take an 
adverse inference against the party pursuant to section 776(b) of the 
Act in making its determinations in the reviews.

Information To Be Provided in Response to This Notice of 
Institution

    Please provide the requested information separately for each 
Domestic Like Product, as defined above, and for each of the products 
identified by Commerce as Subject Merchandise. As used below, the term 
``firm'' includes any related firms.
    (1) The name and address of your firm or entity (including World 
Wide Web address if available) and name, telephone number, fax number, 
and E-mail address of the certifying official.
    (2) A statement indicating whether your firm/entity is a U.S. 
producer of the Domestic Like Product to which your response pertains, 
a U.S. union or worker group, a U.S. importer of the Subject 
Merchandise, a foreign producer or exporter of the Subject Merchandise, 
a U.S. or foreign trade or business association, or another interested 
party (including an explanation). If you are a union/worker group or 
trade/business association, identify the firms in which your workers 
are employed or which are members of your association.
    (3) A statement indicating whether your firm/entity is willing to 
participate in these reviews by providing information requested by the 
Commission.
    (4) A statement of the likely effects of the revocation of the 
countervailing duty and antidumping duty orders on each Domestic 
Industry for which you are filing a response in general and/or your 
firm/entity specifically. In your response, please discuss the various 
factors specified in section 752(a) of the Act (19 U.S.C. 1675a(a)) 
including the likely volume of subject imports, likely price effects of 
subject imports, and likely impact of imports of Subject Merchandise on 
the Domestic Industry.
    (5) A list of all known and currently operating U.S. producers of 
each Domestic Like Product for which you are filing a response. 
Identify any known related parties and the nature of the relationship 
as defined in section

[[Page 41963]]

771(4)(B) of the Act (19 U.S.C. 1677(4)(B)).
    (6) A list of all known and currently operating U.S. importers of 
the Subject Merchandise and producers of the Subject Merchandise in the 
Subject Country that currently export or have exported Subject 
Merchandise to the United States or other countries since 1991.
    (7) If you are a U.S. producer of a Domestic Like Product, provide 
the following information separately on your firm's operations on each 
product during calendar year 1998 (report quantity data in metric tons 
and value data in thousands of U.S. dollars, f.o.b. plant). If you are 
a union/worker group or trade/business association, provide the 
information, on an aggregate basis, for the firms in which your workers 
are employed/which are members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total U.S. production of each Domestic Like Product 
accounted for by your firm's(s') production;
    (b) The quantity and value of U.S. commercial shipments of each 
Domestic Like Product produced in your U.S. plant(s); and
    (c) the quantity and value of U.S. internal consumption/company 
transfers of the Domestic Like Product produced in your U.S. plant(s).
    (8) If you are a U.S. importer or a trade/business association of 
U.S. importers of the Subject Merchandise from the Subject Country, 
provide the following information on your firm's(s') operations on that 
product during calendar year 1998 (report quantity data in metric tons 
and value data in thousands of U.S. dollars). If you are a trade/
business association, provide the information, on an aggregate basis, 
for the firms which are members of your association.
    (a) The quantity and value (landed, duty-paid but not including 
antidumping or countervailing duties) of U.S. imports and, if known, an 
estimate of the percentage of total U.S. imports of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') imports;
    (b) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. commercial shipments of Subject 
Merchandise imported from the Subject Country; and
    (c) The quantity and value (f.o.b. U.S. port, including antidumping 
and/or countervailing duties) of U.S. internal consumption/company 
transfers of Subject Merchandise imported from the Subject Country.
    (9) If you are a producer, an exporter, or a trade/business 
association of producers or exporters of the Subject Merchandise in the 
Subject Country, provide the following information on your firm's(s') 
operations on that product during calendar year 1998 (report quantity 
data in metric tons and value data in thousands of U.S. dollars, landed 
and duty-paid at the U.S. port but not including antidumping or 
countervailing duties). If you are a trade/business association, 
provide the information, on an aggregate basis, for the firms which are 
members of your association.
    (a) Production (quantity) and, if known, an estimate of the 
percentage of total production of Subject Merchandise in the Subject 
Country accounted for by your firm's(s') production; and
    (b) The quantity and value of your firm's(s') exports to the United 
States of Subject Merchandise and, if known, an estimate of the 
percentage of total exports to the United States of Subject Merchandise 
from the Subject Country accounted for by your firm's(s') exports.
    (10) Identify significant changes, if any, in the supply and demand 
conditions or business cycle for each Domestic Like Product that have 
occurred in the United States or in the market for the Subject 
Merchandise in the Subject Country since the Order Date, and 
significant changes, if any, that are likely to occur within a 
reasonably foreseeable time. Supply conditions to consider include 
technology; production methods; development efforts; ability to 
increase production (including the shift of production facilities used 
for other products and the use, cost, or availability of major inputs 
into production); and factors related to the ability to shift supply 
among different national markets (including barriers to importation in 
foreign markets or changes in market demand abroad). Demand conditions 
to consider include end uses and applications; the existence and 
availability of substitute products; and the level of competition among 
the Domestic Like Product produced in the United States, Subject 
Merchandise produced in the Subject Country, and such merchandise from 
other countries.
    (11) (OPTIONAL) A statement of whether you agree with the above 
definitions of the Domestic Like Product and Domestic Industry; if you 
disagree with either or both of these definitions, please explain why 
and provide alternative definitions.

    Authority: These reviews are being conducted under authority of 
title VII of the Tariff Act of 1930; this notice is published 
pursuant to section 207.61 of the Commission's rules.

    By order of the Commission.

    Issued: July 27, 1999
Donna R. Koehnke,
Secretary.
[FR Doc. 99-19758 Filed 7-30-99; 8:45 am]
BILLING CODE 7020-02-P