[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54367-54368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5018]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


Pure Magnesium and Alloy Magnesium From Canada: Final Results of 
2003 Countervailing Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 10, 2005, 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, 2003, through December 31, 2003. 
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 Reviews.''

EFFECTIVE DATE: September 14, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister, AD/CVD Operations, 
Office 1, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-1174.

SUPPLEMENTARY INFORMATION: 

Case History

    On May 10, 2005, 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, 70 FR 24530 (May 10, 2005) 
(``Preliminary Results''). Norsk Hydro Canada, Inc. (``NHCI''), Magnola 
Metallurgy Inc. (``Magnola''), the Government of Quebec, and the 
Government of Canada submitted case briefs on June 9, 2005. On June 14, 
2005, U.S. Magnesium, LLC (``the petitioner'') filed a rebuttal brief.

Scope of the Orders

    The products covered by these orders 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 the orders 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 
orders are dispositive.
    Secondary and granular magnesium are not included in the scope of 
these orders. 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 Reviews

    The period for which we are measuring subsidies, or POR, is January 
1, 2003, through December 31, 2003.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these administrative reviews are addressed in the September 7, 2005, 
Issues and Decision Memorandum for the 2003 Countervailing Duty 
Administrative Reviews of Pure Magnesium and Alloy Magnesium from 
Canada (``Decision Memorandum'') to Joseph Spetrini, Acting 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 all 
issues raised in these reviews and the corresponding recommendations in 
this public memorandum, which is on file in the Department's Central 
Records Unit, Room B-099 of the main Department building (``CRU''). In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Internet at http://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)(5), we calculated an 
individual subsidy rate for each producer/exporter subject to these 
reviews. For the period January 1, 2003, through December 31, 2003, we 
determine the net subsidy rates for the reviewed companies to be as 
follows:

------------------------------------------------------------------------
                     Manufacturer/exporter                       Percent
------------------------------------------------------------------------
                    Net Subsidy Rate: Pure Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc.......................................      1.21
---------------------------------------------------------------
                    Net Subsidy Rate: Alloy Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc.......................................      1.21
Magnola Metallurgy, Inc.......................................      5.40
------------------------------------------------------------------------

Assessment Rates

    Pursuant to 19 U.S.C. Sec.  1516a(g)(5)(c)(i), the Department will 
not order the liquidation of entries of pure magnesium or alloy 
magnesium from Canada exported by NHCI or Magnola on or after January 
1, 2003, through December 31, 2003, pending final disposition of a 
dispute settlement proceeding under NAFTA (USA-CDA-00-1904-09 (panel)) 
with respect to Pure and Alloy Magnesium From Canada; Final Results of 
Full Sunset Review, 65 FR 41436 (July 5, 2000). Liquidation of NHCI and 
Magnola 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 U.S. Customs and Border Protection 
(``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-

[[Page 54368]]

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 country-wide 
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 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I

Comments in the Issues and Decision Memorandum

Comment 1: Issuance of Liquidations Instructions at the Final 
Results for NHCI
Comment 2: NHCI's Cash Deposit Rate
Comment 3: Adjustment of NHCI's CVD Rate
Comment 4: MTM Program Benefits for Magnola
Comment 5: Magnola's Discount Rate

[FR Doc. E5-5018 Filed 9-13-05; 8:45 am]
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