[Federal Register Volume 68, Number 9 (Tuesday, January 14, 2003)]
[Notices]
[Pages 1817-1819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-727]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium from Canada; Final Results of Antidumping Duty 
Administrative Review and Determination Not to Revoke Order in Part

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

ACTION: Notice of Final Results of 2000/2001 Administrative Review and 
Determination Not to Revoke Order in Part.

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SUMMARY: On September 9, 2002, the Department of Commerce published the 
preliminary results of the administrative review of the antidumping 
duty order on pure magnesium from Canada. The period of review is 
August 1, 2000, through July 31, 2001. This review covers imports of 
pure magnesium from one producer/exporter. We gave interested parties 
an opportunity to comment on the preliminary results.
    For our final results, we have found that sales of the subject 
merchandise have not been made below normal value. We will instruct the 
Customs Service not to assess antidumping duties on the subject 
merchandise exported by this company. Furthermore, we are not revoking 
the antidumping duty order with respect to pure magnesium from Canada 
produced by Norsk Hydro Canada, Inc.

EFFECTIVE DATE: January 14, 2003.

FOR FURTHER INFORMATION CONTACT: Jarrod Goldfeder or Scott Holland, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-0189 or (202) 482-1279, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results in this review 
(see Pure Magnesium from Canada; Preliminary Results of Antidumping 
Duty Administrative Review, Partial Rescission of Review, and Notice of 
Intent Not to Revoke Order in Part, 67 FR 57217 (September 9, 2002) 
(``Preliminary Results'')), the following events have occurred:
    On October 9, 2002, U.S. Magnesium LLC (``the petitioner''), filed 
a case brief.

Scope of the Order

    The product covered by this order is pure magnesium. Pure unwrought

[[Page 1818]]

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 classifiable 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 of the scope of the order remains 
dispositive.

Period of Review

    The period of review (``POR'') is August 1, 2000, through July 31, 
2001.

Determination Not to Revoke

    The Department of Commerce (``the Department'') ``may revoke, in 
whole or in part'' an antidumping duty order upon completion of a 
review under section 751 of the Tariff Act of 1930, as amended (``the 
Act''). While Congress has not specified the procedures that the 
Department must follow in revoking an order, the Department has 
developed a procedure for revocation that is described in 19 CFR 
351.222. This regulation requires, inter alia, that a company 
requesting revocation must submit the following: (1) A certification 
that the company has sold the subject merchandise at not less than 
normal value (``NV'') in the current review period and that the company 
will not sell at less than NV in the future; (2) a certification that 
the company sold the subject merchandise in each of the three years 
forming the basis of the request in commercial quantities; and (3) an 
agreement to reinstatement of the order if the Department concludes 
that the company, subsequent to the revocation, sold subject 
merchandise at less than NV. See 19 CFR 351.222(e)(1). Upon receipt of 
such a request, the Department may revoke an order, in part, if it 
concludes that (1) the company in question has sold subject merchandise 
at not less than NV for a period of at least three consecutive years; 
(2) the continued application of the antidumping duty order is not 
otherwise necessary to offset dumping; and (3) the company has agreed 
to its immediate reinstatement in the order if the Department concludes 
that the company, subsequent to the revocation, sold subject 
merchandise at less than NV. See 19 CFR 351.222(b)(2).
    Pursuant to 19 CFR 351.222(e)(1), Norsk Hydro Canada Inc. 
(``NHCI'') requested revocation of the antidumping duty order. The 
request was accompanied by certifications that NHCI had not sold the 
subject merchandise at less than NV during the current period of review 
and would not do so in the future. NHCI also certified that it sold the 
subject merchandise to the United States in commercial quantities for a 
period of at least three consecutive years. Finally, NHCI agreed to 
immediate reinstatement of the antidumping duty order, as long as any 
exporter or producer is subject to the order, if the Department 
concludes that NHCI sold the subject merchandise at less than NV 
subsequent to the revocation.
    We must determine, as a threshold matter, in accordance with 19 CFR 
351.222(e)(1)(ii), whether the company requesting revocation sold the 
subject merchandise in commercial quantities in each of the three years 
forming the basis of the request. In our Preliminary Results, we 
determined that NHCI did not sell the subject merchandise in the United 
States in commercial quantities during the POR. See Preliminary Results 
67 FR at 57219; see also the Memorandum from Team to Richard W. 
Moreland, ``Commercial Quantities,'' dated September 3, 2002, for a 
discussion of NHCI's selling activity.
    After consideration of the comments that were submitted in response 
to the Preliminary Results, we continue to find that NHCI did not sell 
the subject merchandise in the United States in commercial quantities 
during at least one of the three years cited by NHCI to support its 
request for revocation. Further, since the Preliminary Results, no 
facts have arisen to change the Department's decision. See ``Issues and 
Decision Memorandum for the 2000/2001 Administrative Review of Pure 
Magnesium from Canada; Final Results'' from Susan Kuhbach, Acting 
Deputy Assistant Secretary AD/CVD Enforcement Group I, Import 
Administration, to Faryar Shirzad, Assistant Secretary Import 
Administration, dated January 7, 2003 (``Decision Memorandum''). 
Therefore, we continue to find that NHCI does not qualify for 
revocation of the order on pure magnesium under 19 CFR 
351.222(e)(1)(ii).

Fair Value Comparisons

    To determine whether sales of pure magnesium from Canada to the 
United States were made at less than normal value, we compared export 
price (``EP'') to NV. Our calculations followed the methodologies 
described in the Preliminary Results.

Changes from the Preliminary Results

    We calculated EP and NV based on the same methodologies described 
in the Preliminary Results.

Analysis of Comments Received

    The sole issue raised in the case brief in this administrative 
review is addressed in the Decision Memorandum, which is hereby adopted 
by this notice. A list identifying the issue which the petitioner has 
raised and to which we have responded in the Decision Memorandum is 
attached to this notice as an Appendix. Parties can find a complete 
discussion of the issue raised in this review and the corresponding 
recommendation in this Decision Memorandum, which is on file in the 
Central Records Unit, room B-099 of the main Department of Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn/frnhome.htm. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Final Results of the Review

    As a result of this review, we determine that the following 
percentage weighted-average margin exists for the period August 1, 
2000, through July 31, 2001:

------------------------------------------------------------------------
                     Manufacturer/Exporter                        Margin
------------------------------------------------------------------------
Norsk Hydro Canada Inc.........................................     Zero
------------------------------------------------------------------------

Assessment Rates

    In accordance with 19 CFR 351.212(b)(1), we have calculated 
importer (or customer)-specific assessment rates for the merchandise 
subject to this review. To determine whether the duty assessment rates 
were de minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(2), we calculated importer (or customer)-specific ad valorem 
rates by aggregating the dumping margins calculated for all U.S. sales 
to that importer (or customer) and dividing this amount by the total 
value of the sales to that importer (or customer). Where an importer 
(or customer)-specific ad valorem rate was greater than de minimis, we 
will direct the Customs Service to apply the assessment rates against 
each of the importer's/customer's entries during the review period. 
Where an importer (or customer)-specific ad valorem rate was less than 
de minimis, we will direct the Customs Service to liquidate without 
regard to antidumping duties.
    All other entries of the subject merchandise during the POR will be 
liquidated at the antidumping duty rate in place at the time of entry.
    The Department will issue appropriate assessment instructions

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directly to the Customs Service within 15 days of publication of these 
final results of review.

Cash Deposit Requirements

    The following cash 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 Act: (1) the cash deposit rate for NHCI will be zero; 
(2) for previously reviewed or investigated companies not listed above, 
the cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (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 21.00 percent, the 
``All Others'' rate made effective by the less-than-fair-value 
investigation. These requirements, when imposed, shall remain in effect 
until publication of the final results of the next administrative 
review.
    This notice also serves as the only reminder to parties subject to 
the administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO material or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulation and the terms of an APO is a sanctionable violation.
    This administrative review and notice are published in accordance 
with sections 751(a)(1) and 771(i) of the Act.

    Dated: January 7, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix I

List of Comments in the Issues and Decision Memorandum
Comment 1: Commercial Quantities Benchmark
[FR Doc. 03-727 Filed 1-13-03; 8:45 am]
BILLING CODE 3510-DS-S