[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Notices]
[Pages 55412-55413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-2186]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


Pure Magnesium and Alloy Magnesium From Canada: Final Results of 
Countervailing Duty Administrative Reviews

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

ACTION: Notice of final results of countervailing duty administrative 
reviews.

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SUMMARY: On May 11, 2004, the Department of Commerce published in the 
Federal Register the preliminary results of the administrative reviews 
of the countervailing duty orders on pure magnesium and alloy magnesium 
from Canada for the period January 1, 2002, through December 31, 2002. 
We gave interested parties an opportunity to comment on the preliminary 
results.
    Our analysis of the comments received on the preliminary results 
did not lead to any changes in the net subsidy rates. Therefore, the 
final results do not differ from the preliminary results. The final net 
subsidy rates for the reviewed companies are listed below in the 
section entitled ``Final Results of Review.''

EFFECTIVE DATE: September 14, 2004.

FOR FURTHER INFORMATION CONTACT: Melanie Brown, AD/CVD Enforcement, 
Office 1, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-4987.

SUPPLEMENTARY INFORMATION:

Background

    On May 11, 2004, the Department of Commerce (``the Department'') 
published the preliminary results of these administrative reviews (see 
Pure Magnesium and Alloy Magnesium From Canada: Preliminary Results of 
Countervailing Duty Administrative Reviews, 69 FR 26069 (May 11, 2004) 
(``Preliminary Results''). Norsk Hydro Canada, Inc. (``NHCI''), one of 
the respondents in this review, submitted a case brief on June 10, 
2004. On June 15, 2004, U.S. Magnesium, LLC. (``the petitioner''), and 
the Government of Qu[eacute]bec filed rebuttal briefs.

Scope of the Reviews

    The products covered by these reviews are shipments of pure 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 pure and alloy magnesium subject to review is currently 
classifiable under items 8104.11.0000 and 8104.19.0000, respectively, 
of the Harmonized Tariff Schedule of the United States (``HTSUS''). 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, the written descriptions of the merchandise subject to the 
order are dispositive.
    Secondary and granular magnesium are not included in the scope of 
the order. Our reasons for excluding granular magnesium are summarized 
in Preliminary Determination of Sales at Less Than Fair Value: Pure and 
Alloy Magnesium From Canada, 57 FR 6094 (February 20, 1992).

Period of Review

    The period of review for which we are measuring subsidies is 
January 1, 2002, through December 31, 2002.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these administrative reviews are addressed in the September 8, 2004, 
Issues and Decision Memorandum for the Final

[[Page 55413]]

Results of the Eleventh Countervailing Duty Administrative Review of 
Pure and Alloy Magnesium From Canada (``Decision Memorandum'') from 
Jeffrey May, Deputy Assistant Secretary for Import Administration, to 
James J. Jochum, Assistant Secretary for Import Administration, which 
is hereby adopted by this notice. Attached to this notice as an 
appendix is a list of the issues which parties have raised and to which 
we have responded in the Decision Memorandum. Parties can find a 
complete discussion of the 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 Department 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Internet at http://www.ia.ita.doc.gov/frn/index.html. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the record and comments received, we have 
made no changes to the preliminary results net subsidy rates.

Final Results of Reviews

    In accordance with 19 CFR 351.221(b)(4)(i), we calculated an 
individual subsidy rate for each producer/exporter subject to this 
review. For the period January 1, 2002, through December 31, 2002, we 
determine the net subsidy rate for the reviewed companies to be as 
follows:

                    Net Subsidy Rate: Pure Magnesium
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                    Manufacturer/exporter                       Percent
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Norsk Hydro Canada, Inc......................................       1.07
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                    Net Subsidy Rate: Alloy Magnesium
------------------------------------------------------------------------
                    Manufacturer/exporter                       Percent
------------------------------------------------------------------------
Norsk Hydro Canada, Inc......................................       1.07
Magnola Metallurgy, Inc......................................       1.84
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Assessment Rates

    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (``CBP'') within 15 days 
of publication of these final results of reviews. As requested by NHCI 
on October 17, 2003, pursuant to 19 U.S.C. 1516a(g)(5)(c)(i), the 
Department will not order the liquidation of entries of pure or alloy 
magnesium from Canada exported by NHCI on or after January 1, 2002, 
through December 31, 2002, pending final disposition of dispute 
settlement proceedings under NAFTA (USA/CDA-00-1904-09 (panel) and ECC-
2003-1904-01 USA, respectively) with respect to Pure and Alloy 
Magnesium From Canada; Final Results of Full Sunset Review, 65 FR 41436 
(July 5, 2000). Liquidation of NHCI entries will occur at the rates 
described in these final results of reviews, if appropriate, following 
the final disposition of the previously mentioned NAFTA dispute 
settlement proceedings.

Cash Deposit Instructions

    The Department will instruct CBP to collect cash deposits of 
estimated countervailing duties in the percentages detailed above of 
the f.o.b. invoice value on all shipments of the subject merchandise 
from NHCI and Magnola entered, or withdrawn from warehouse, for 
consumption on or after the date of publication of the final results of 
these administrative reviews.
    We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-specific or country-wide 
rate applicable to the company (except Timminco Limited, which was 
excluded from the countervailing duty orders on pure magnesium and 
alloy magnesium from Canada (See Countervailing Duty Orders: Pure 
Magnesium and Alloy Magnesium from Canada, 57 FR 39392 (August 31, 
1992)). Accordingly, the cash deposit rate that will be applied to non-
reviewed companies covered by the orders is that established in Pure 
and Alloy Magnesium From Canada: Final Results of the Second (1993) 
Countervailing Duty Administrative Reviews, 62 FR 48607 (September 16, 
1997) or the company-specific rate published in the most recent final 
results of an administrative review in which a company participated. 
These rates shall apply to all non-reviewed companies until a review of 
a company assigned these rates is requested.
    This notice serves as a reminder to parties subject to 
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 materials 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.
    These administrative reviews and notice are in accordance with 
section 751(a)(1) of the Act.

    Dated: September 9, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix--List of Comments and Issues in the Decision Memorandum

    Comment 1: Adjusting Current Assessment Rates to Compensate for 
Over-assessment on Prior Entries
 [FR Doc. E4-2186 Filed 9-13-04; 8:45 am]
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