[Federal Register Volume 69, Number 150 (Thursday, August 5, 2004)]
[Notices]
[Pages 47408-47409]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17919]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium From Canada: Final Results of 2002/2003 
Antidumping Duty Administrative Review and Partial Rescission of Review

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

ACTION: Notice of final results of administrative review and partial 
rescission of review.

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SUMMARY: On April 16, 2004, the Department of Commerce published the 
preliminary results of the 2002/2003 administrative review of the 
antidumping duty order on pure magnesium from Canada with respect to 
Norsk Hydro Canada Inc. This review covers sales of pure magnesium from 
Canada to the United States during the period August 1, 2002, through 
July 31, 2003. 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 the respondent made sales in the 
United States at prices not below normal value.

DATES: Effective Date: August 5, 2004.

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

    The Department of Commerce (``the Department'') published the 
preliminary results of this review on April 16, 2004 (see Pure 
Magnesium from Canada; Preliminary Results of Antidumping Duty 
Administrative Review and Preliminary Partial Rescission of Review, 69 
FR 20597 (April 16, 2004) (``Preliminary Results'')).
    We 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, 2002, through July 31, 
2003.

Partial Rescission

    In accordance with 19 CFR 351.213(d)(3), and consistent with the 
Preliminary Results, we are rescinding this review with respect to 
Magnola Metallurgy Inc., which made no shipments of pure magnesium to 
the United States during this POR.

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.

Currency Conversions

    We made currency conversions in accordance with section 773A of the 
Tariff Act of 1930, as amended (``the Act'') in the same manner as in 
the Preliminary Results.

Final Results of the Review

    We have determined that no changes to our analysis are warranted 
for purposes of these final results. As a result of this review, we 
determine that the following percentage weighted-average margin exists 
for the period August 1, 2002, through July 31, 2003:

------------------------------------------------------------------------
           Manufacturer/exporter                       Margin
------------------------------------------------------------------------
Norsk Hydro Canada Inc....................  0.01 (de minimis)
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Assessment Rates

    The Department shall determine, and U.S. Customs and Border 
Protection (``CBP'') shall assess, antidumping duties on all 
appropriate entries. In accordance with 19 CFR 351.212(b)(1), we have 
calculated 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 review, the 
Department

[[Page 47409]]

will not order the liquidation of entries of pure magnesium from Canada 
exported by NHCI on or after August 1, 2000, at this time.\1\ 
Liquidation will occur following the final judgement in the NAFTA panel 
appeals process.
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    \1\ See January 28, 2003, letter from the Department granting 
NHCI's October 23, 2002, request for the continuation of suspension 
of liquidation covering all unliquidated entries of subject 
merchandise exported by NHCI on or after August 1, 2000.
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Cash Deposit Requirements

    The following antidumping duty deposits will be required on all 
shipments of pure magnesium from Canada 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) No cash deposit rate will be required for 
NHCI because its weighted-average margin is de minimis, (i.e., less 
than 0.5 percent); (2) for merchandise exported by manufacturers or 
exporters not covered in this review but covered in the original less-
than-fair-value investigation or a previous review, the cash deposit 
rate will continue to be the most recent rate published in the final 
determination or final results for which the manufacturer or exporter 
received an individual rate; (3) if the exporter is not a firm covered 
in this review, the previous review, or the original 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) if neither the exporter nor the manufacturer is a firm covered in 
this or any previous reviews, the cash deposit rate will be 21 percent, 
the ``all others'' rate established in the less than fair value 
investigation. See Pure Magnesium from Canada; Amendment of Final 
Determination of Sales At Less Than Fair Value and Order in Accordance 
With Decision on Remand, 58 FR 62643 (November 29, 1993).

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 doubled antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing these results in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: July 30, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-17919 Filed 8-4-04; 8:45 am]
BILLING CODE 3510-DS-P