[Federal Register Volume 68, Number 152 (Thursday, August 7, 2003)]
[Notices]
[Pages 47031-47032]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20174]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium from Canada; Notice of Final Results of 
Antidumping Duty Administrative Review

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

ACTION: Notice of final results of 2001/2002 administrative review.

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SUMMARY: On April 24, 2003, 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, 2001, through July 31, 2002. This review covers imports of 
pure magnesium from one producer/exporter. We provided interested 
parties with an opportunity to comment on the preliminary results of 
this review, but received no comments.
    The final results do not differ from the preliminary results of 
this review, in which we found that sales of the subject merchandise 
have not been made below normal value. We will instruct the United 
States Bureau of Customs and Border Protection not to assess 
antidumping duties on the subject merchandise exported by this company.

EFFECTIVE DATE: August 7, 2003.

[[Page 47032]]


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

SUPPLEMENTARY INFORMATION:

Background

    Since the publication of the preliminary results of this review 
(see Pure Magnesium from Canada; Preliminary Results of Antidumping 
Duty Administrative Review and Partial Rescission of Review, 68 FR 
20112 (April 24, 2003) (``Preliminary Results'')), the following events 
have occurred:
    The Department of Commerce (``the Department'') invited interested 
parties to comment on the preliminary results of this review. No 
comments were received.

Scope of the Order

    The product covered by this order is pure magnesium. 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 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, 2001, through July 31, 
2002.

Fair Value Comparisons

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

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, 
2001, through July 31, 2002:

------------------------------------------------------------------------
           Manufacturer/Exporter                       Margin
------------------------------------------------------------------------
Norsk Hydro Canada Inc....................  0.01 (de minimis)
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the United States Bureau of 
Customs and Border Protection (``BCBP'') shall assess, antidumping 
duties on all appropriate entries. In accordance with 19 CFR 351.212 
(b)(1), we have calculated exporter/importer (or customer)-specific 
assessment rates for 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 calculated a per unit 
assessment rate by aggregating the dumping margins calculated for all 
U.S. sales to that importer (or customer) and dividing this amount by 
the total quantity sold to that importer (or customer).
    Pending the final disposition of a NAFTA panel appeal by NHCI, the 
Department will not order the liquidation of entries of pure magnesium 
from Canada exported by NHCI on or after August 1, 2000, at this time. 
Liquidation will occur at the rates described in these final results of 
review following the final judgement in the NAFTA panel appeals 
process.

Cash Deposit Requirements

    The following deposit requirements will be effective upon the 
publication of this notice of final results of administrative review 
for all shipments of pure magnesium from Canada entered, or withdrawn 
from warehouse, for consumption on or after the date of publication, as 
provided by 751(a)(1) of the Act: (1) For NHCI, which has a de minimis 
rate, no antidumping duty deposit will be required; (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) the cash deposit rate for all other exporters 
will continue to be 21.00 percent, the ``all others'' rate made 
effective by the less-than-fair-value investigation.
    These deposit instructions will remain in effect until publication 
of the final results of the next administrative review.

Notification to Importers

    This notice serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding APOs

    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.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 30, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20174 Filed 8-6-03; 8:45 am]
BILLING CODE 3510-DS-P