[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41444-41445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16947]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815 (alloy), C-122-815 (pure)]


Pure Magnesium and Alloy Magnesium From Canada; Final Results of 
Full Sunset Reviews Reviews of Countervailing Duty Orders

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

ACTION: Notice of final results of full sunset reviews: Pure magnesium 
and alloy magnesium from Canada.

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SUMMARY: On February 29, 2000, the Department of Commerce (``the 
Department'') published in the Federal Register (65 FR 10766) the 
preliminary results of the full sunset review of the countervailing 
duty orders on pure magnesium and alloy magnesium from Canada, pursuant 
to section 751(c) of the Tariff Act of 1930, as amended (``the Act''). 
We provided interested parties an opportunity to comment on our 
preliminary results and received comments filed on behalf of domestic 
and respondent interested parties. As a result of this review, the 
Department finds that revocation of the countervailing duty orders 
would be likely to lead to continuation or recurrence of a 
countervailable subsidy. The net countervailable subsidy and the nature 
of the subsidy are identified in the Final Results of Review section of 
this notice.

FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th & Constitution, NW., 
Washington, DC 20230; telephone: (202) 482-1930 or (202) 482-3330, 
respectively.

EFFECTIVE DATE: July 5, 2000.

Statute and Regulations

    These reviews were 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 in 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'').

Scope

    The products covered by these orders are pure magnesium and alloy 
magnesium from Canada. Pure magnesium contains at least 99.8 percent 
magnesium by weight and is sold in various slab and ingot forms and 
sizes. Magnesium alloys contain less than 99.8 percent magnesium by 
weight with magnesium being the largest metallic element in the alloy 
by weight, and are sold in various ingot and billet forms and sizes. 
The merchandise is currently classifiable under items 8104.11.0000 and 
8104.19.0000 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheadings are provided for 
convenience and customs purposes, our written description of the scope 
remains dispositive. Secondary and granular magnesium are not included 
in the scope of these orders.

Background

    On February 29, 2000, the Department of Commerce (``the 
Department'') published in the Federal Register a notice of preliminary 
results of the full sunset review of the countervailing duty orders on 
pure magnesium and alloy magnesium (65 FR 10766) pursuant to section 
751(c) of the Tariff Act of 1930, as amended (``the Act''). In our 
preliminary results, we found that revocation of the orders would 
likely result in continuation or recurrence of a countervailable 
subsidy. In addition, we preliminarily determined the net 
countervailable subsidy likely to prevail if the orders were revoked to 
be 1.84 percent ad valorem for Norsk Hydro Canada Inc. (``NHCI'') and 
4.48 percent ad valorem for ``all others.''
    On April 14, 2000, within the deadline specified in 19 CFR 
351.209(c)(1)(i), we received a case brief on behalf of the Magnesium 
Corporation of America (``Magcorp'') and respondent interested parties, 
NHCI and the Government of Quebec (``GOQ''). On April 24, 2000, within 
the deadline specified in 19 CFR 351.309(d), the Department received 
rebuttal comments from Magcorp and the GOQ. On March 17, 2000, we 
received a request for a hearing on behalf of the GOQ. Subsequently, on 
April 28, 2000, the GOQ withdrew its request and the Department 
canceled the hearing.
    We note that the Department issued the preliminary results of 
countervailing duty administrative reviews covering the period January 
1, 1998 through December 31, 1998 on May 4, 2000 (65 FR 25910).

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 Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated June 27, 2000, which is 
hereby adopted by this notice. The issues discussed in the Decision 
Memo include the likelihood of continuation or recurrence of 
countervailable subsidies and the net countervailable subsidy likely to 
prevail were the orders 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 the 
Central Records Unit, room B-099, of the main Commerce Building.
    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 Memo are identical in content.

Final Results of Review

    As a result of this review, the Department finds that revocation of 
the countervailing duty orders would be likely to lead to continuation 
or recurrence of a countervailable subsidy at the rates listed below:

------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/Exporter                      (percent)
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Norsk Hydro Canada Inc. (``Norsk'')..........................       1.84
All Others...................................................       4.48
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Timminco, which was found to have an estimated net subsidy of zero in 
the original investigations, remains excluded from the orders.\1\
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    \1\ See Final Affirmative Countervailing Duty Determinations: 
Pure Magnesium and Alloy Magnesium from Canada, 57 FR 30946 (July 
13, 1992).
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    The program included in our calculation of the net countervailable 
subsidy likely to prevail if the orders were revoked does not fall 
within the definition of an export subsidy under Article 3.1(a) of the 
Subsidies Agreement.
    This notice serves as the only reminder to parties subject to

[[Page 41445]]

administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return/destruction of APO material or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and the terms of an APO is a sanctionable 
violation.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: June 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16947 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P