[Federal Register Volume 65, Number 40 (Tuesday, February 29, 2000)]
[Notices]
[Pages 10768-10769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4799]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium from Canada; Preliminary Results of Full Sunset 
Review

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

ACTION: Notice of Preliminary Results of Full Sunset Review: Pure 
Magnesium from Canada.

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

SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on pure magnesium from Canada (64 FR 41915) pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). On the basis of a 
notice of intent to participate filed on behalf of domestic interested 
parties and adequate substantive comments filed on behalf of domestic 
and respondent interested parties, the Department determined to conduct 
a full review. As a result of this review, the Department preliminarily 
finds that revocation of the antidumping duty order would likely lead 
to continuation or recurrence of dumping at the levels indicated in the 
Preliminary Results of Review section of this notice.

EFFECTIVE DATE: February 29, 2000.

FOR FURTHER INFORMATION CONTACT: Darla D. Brown or Melissa G. Skinner, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3207 or (202) 482-1560, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and 19 CFR Part 351 
(1999) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98:3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

Background

    On August 2, 1999, the Department initiated a sunset review of the 
antidumping order on magnesium from Canada (64 FR 41915), pursuant to 
section 751(c) of the Act. The Department received a notice of intent 
to participate on behalf of the Magnesium Corporation of America 
(``Magcorp'') on August 13, 1999, within the deadline specified in 
section 351.218(d)(1)(i) of the Sunset Regulations. Pursuant to 19 
U.S.C. 1677(9)(C), Magcorp claimed interested party status as a 
domestic producer of pure magnesium. Moreover, Magcorp stated that it 
was a petitioner in the original antidumping investigation and has 
participated in all of the administrative reviews conducted by the 
Department. The Department received a complete substantive response 
from Magcorp on September 1, 1999, within the 30-day deadline specified 
in the Sunset Regulations under section 351.218(d)(3)(i).
    The Department also received a complete substantive response on 
behalf of Norsk Hydro Canada Inc. (``NHCI''), on September 1, 1999, 
within the deadline specified in the Sunset Regulations under section 
351.218(d)(3)(i). NHCI claimed interested party status under 19 U.S.C. 
1677(9)(A) as a manufacturer and exporter of pure magnesium to the 
United States. In its substantive response, NHCI stated that it 
participated in the original investigation and all of the subsequent 
administrative reviews. The Department determined that NHCI's response 
constituted an adequate response to the notice of initiation. As a 
result, the Department determined, in accordance with section 
351.218(e)(2) of the Sunset Regulations, to conduct a full (240 day) 
review.
    On September 13, 1999, the Department received rebuttal comments 
from Magcorp and NHCI.\1\
---------------------------------------------------------------------------

    \1\ On September 3, 1999, the Department received and granted a 
request from Magcorp for a five working-day extension of the 
deadline for filing rebuttal comments in this sunset review. This 
extension was granted for all participants eligible to file rebuttal 
comments in this review. The deadline for filing rebuttals to the 
substantive comments therefore became September 13, 1999.
---------------------------------------------------------------------------

    In accordance with section 751(c)(5)(C)(v) of the Act, the 
Department may treat a sunset review as extraordinarily complicated if 
it is a review of a transition order (i.e., an order in effect on 
January 1, 1995). On November 30, 1999, the Department determined that 
the sunset review of the antidumping duty order on pure magnesium from 
Canada is extraordinarily complicated pursuant to section 
751(c)(5)(C)(v) of the Act, and extended the time limit for completion 
of the preliminary results of this review until not later than February 
18, 2000, in accordance with section 751(c)(5)(B) of the Act.\2\
---------------------------------------------------------------------------

    \2\ See Extension of Time Limit for Preliminary Results of Full 
Five-Year Reviews, 64 FR 66879 (November 30, 1999).
---------------------------------------------------------------------------

Scope of Review

    The merchandise subject to this antidumping duty order is pure 
magnesium from Canada. Pure magnesium is currently classifiable under 
item number 8104.11.0000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). 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 of this review. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Robert S. LaRussa, Assistant 
Secretary for Import Administration, dated February 18, 2000, which is 
hereby adopted and incorporated by reference into this notice. The 
issues discussed in the attached Decision Memo include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin likely

[[Page 10769]]

to prevail were the order revoked. Parties can find a complete 
discussion of all issues raised in this review and the corresponding 
recommendations in this public memorandum which is on file in B-099.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import__admin/records/
frn/, under the heading ``Canada.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Preliminary Results of Review

    We preliminarily determine that revocation of the antidumping duty 
order on pure magnesium from Canada would be likely to lead to 
continuation or recurrence of dumping at the following weighted-average 
margins:

------------------------------------------------------------------------
          Manufacturer/exporter                   Margin (percent)
------------------------------------------------------------------------
Norsk Hydro Canada Inc...................  21.00
Timminco Limited.........................  Excluded
All others...............................  21.00
------------------------------------------------------------------------

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held on April 19, 2000. Interested 
parties may submit case briefs no later than April 10, 2000, in 
accordance with 19 CFR 351.309(c)(1)(i). Rebuttal briefs, which must be 
limited to issues raised in the case briefs, may be filed not later 
than April 17, 2000. The Department will issue a notice of final 
results of this sunset review, which will include the results of its 
analysis of issues raised in any such comments, no later than June 27, 
2000.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: February 18, 2000.
Robert S. LaRussa,
Assistant Secretary for Import Administration.
[FR Doc. 00-4799 Filed 2-28-00; 8:45 am]
BILLING CODE 3510-DS-P