[Federal Register Volume 65, Number 162 (Monday, August 21, 2000)]
[Notices]
[Pages 50677-50678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21241]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


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

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

ACTION: Notice of ministerial error in final results of full sunset 
reviews: pure and alloy magnesium from Canada [C-122-815].

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SUMMARY: On July 5, 2000, the Department of Commerce (``the 
Department'') published in the Federal Register the final results of 
the full sunset reviews of the countervailing duty orders on pure and 
alloy magnesium from Canada (65 FR 41444, July 5, 2000). Subsequent to 
the publication of that notice, we received a submission on behalf of 
Magnesium Corporation of America, (``Magcorp'') alleging a ministerial 
error in the calculation of the ``all others'' rate (see July 3, 2000, 
Allegation of Ministerial Error by Magcorp at 2). On July 13, 2000, the 
Department concluded that the ``all others'' rate of 4.48 percent, 
which was published in the Final Result of Review, and reported to the 
International Trade Commission (the ``Commission''), was in error. The 
correct ``all others'' rate is 7.34 percent.

EFFECTIVE DATE: July 5, 2000.

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 Street & Constitution 
Avenue, NW., Washington, DC 20230: telephone (202) 482-1930 and (202) 
482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 5, 2000, the Department of Commerce (``the Department'') 
published in the Federal Register the final results of the full sunset 
reviews of the countervailing duty orders on pure and alloy magnesium 
from Canada (65 FR 41444, July 5, 2000). Subsequent to the publication 
of that notice, we received a submission on behalf of Magcorp alleging 
a ministerial error in the calculation of the ``all others'' rate. In 
addition, Magcorp requested that this allegation be commented on and 
considered on an expedited basis because the Commission was scheduled 
to vote in this review on July 13, 2000. Consequently, interested 
parties were given until July 6, 2000, to comment on Magcorp's 
allegation.
    The Department did not receive comments from interested parties by 
the July 6, 2000, deadline.
    On July 13, 2000, the Department notified the Commission that the 
final results of review contained a ministerial error in the ``all 
others'' rate, and that the correct ``all others'' rate is 7.34 
percent.\1\
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    \1\ See July 13, 2000, Letter from Troy H. Cribb, Acting 
Assistant Secretary for Import Administration to Lynn Featherstone, 
Director, Office of Investigations, International Trade Commission.
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Analysis

    In the final results of this sunset review, the Department 
determined that it would report to the Commission the most recent ``all 
others'' rate of 4.48 percent ad valorem, from the third administrative 
reviews, covering the period from January 1, 1994, through December 31, 
1994, which were published April 17, 1997 (see Pure and Alloy Magnesium 
from Canada; Final Results of the Third (1994) Countervailing Duty 
Administrative Reviews, 62 FR 18749 (April 17, 1997)). However, 
according to the final results of the second administrative reviews, 
covering the period January 1, 1993, through December 31, 1993, and 
published on September 16, 1997, the most recent rate is 7.34 percent 
ad valorem (see Pure and Alloy Magnesium from Canada; Final Results of 
the Second (1993) Countervailing Duty Administrative Reviews, 62 FR 
48607, 48610 (September 16, 1997)).
    Moreover, reliance on the rate published in the second (1993) 
administrative reviews is consistent with the Department's post-Uruguay 
Round Agreements Act (``URAA'') practice, and in accordance with 
section 777A(e)(1) of the Act, which replaced the general rule in favor 
of a country-wide rate with a general rule in favor of individual rates 
for investigated and reviewed companies. As a result, the procedures 
for establishing countervailing duty rates, including those for non-
reviewed companies, are now essentially the same as those in 
antidumping cases, except as provided for in section 777A(e)(2)(B) of 
the Act. Therefore, the countervailing duty case deposit rate 
applicable to a company can no longer change, except pursuant to a 
request for a review of that company. See Federal-Mogul Corporation and 
the Torrington Company v. United States, 822 F. Supp. 782 (CIT 1993) 
and Floral Trade Council v. United States, 822 F. Supp. 766 (CIT). 
Accordingly, the cash deposit rate applied to companies not reviewed 
during the 1994 reviews is that established in the most recently 
completed administrative proceeding conducted pursuant to the statutory 
provisions that were in effect prior to the URAA amendments, i.e., 
these 1993 administrative reviews. See Pure and Alloy Magnesium from 
Canada; Final Results of the First (1992) Countervailing Duty 
Administrative Reviews, 62 FR 13857 (March 24,1997).\2\

[[Page 50678]]

Thus, for non-reviewed companies, the cash deposit will be the rate 
calculated in these 1993 reviews of 7.34 percent ad valorem, except 
from Timminco Limited (which was excluded from the order in the 
original investigation) (62 FR 4807, 48610, September 16, 1997).
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    \2\ See also Certain Cut-to-Length Carbon Steel Plate from 
Mexico; Final Results of Countervailing Duty Administrative Review, 
65 FR 13368, 13369 (March 13, 2000); Certain Iron-Metal Castings 
from India; Preliminary Results and Partial Recission of 
Countervailing Duty Administrative Review, 64 FR 61592, 61602 
(November 12, 1999); and Certain Carbon Steel Products from Sweden; 
Final Results of Countervailing Duty Administrative Review, 64 FR 
57038 (October 22, 1999).
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Determination

    In the final results of the sunset review, we intended to follow 
our practice to apply to companies not reviewed during the 1994 reviews 
the cash deposit rate established in the most recently completed 
administrative review, i.e. the 1993 review. Id. The Department made it 
clear in the final results of the second administrative reviews (the 
1993 reviews) that the ``all others'' rate for all future entries would 
be 7.34 percent ad valorem. Id. Accordingly, we are correcting this 
inadvertent error. Therefore, the correct ``all others'' rate is 7.34 
percent.
    This correction is issued and published in accordance with sections 
751(h) and 777(i) of the Act.

    Dated: August 15, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21241 Filed 8-18-00; 8:45 am]
BILLING CODE 3510-DS-P