[Federal Register Volume 70, Number 213 (Friday, November 4, 2005)]
[Notices]
[Pages 67140-67141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6126]


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DEPARTMENT OF COMMERCE

International Trade Administration

(C-122-815)


Final Results of Expedited Sunset Reviews of the Countervailing 
Duty Orders: Pure Magnesium and Alloy Magnesium from Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the 
Department'') initiated sunset reviews of the countervailing duty 
(``CVD'') orders on pure magnesium and alloy magnesium from Canada 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). See Initiation of Five-year (``Sunset'') Reviews, 70 FR 38101 
(July 1, 2005). On the basis of a notice of intent to participate and 
an adequate substantive response filed on behalf of the domestic 
interested party and an inadequate response from respondent interested 
parties, the Department determined to conduct expedited sunset reviews 
of these CVD orders pursuant to section 751(c)(3)(B) of the Act and 19 
CFR 351.218(e)(1)(ii)(C). As a result of these sunset reviews, the 
Department finds that revocation of the CVD orders would likely lead to 
continuation or recurrence of a countervailable subsidy at the levels 
indicated in the ``Final Results of Reviews'' section of this notice.

EFFECTIVE DATE: November 4, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Devta Ohri, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-1174 or (202) 
482-3853, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On July 1, 2005, the Department initiated sunset reviews of the CVD 
orders on pure magnesium and alloy magnesium from Canada pursuant to 
section 751(c) of the Act. See Initiation of Five-year (``Sunset'') 
Reviews, 70 FR 38101 (July 1, 2005). The Department received a notice 
of intent to participate from the domestic industry (US Magnesium LLC) 
and the Government of Quebec (``GOQ''), within the deadline specified 
in 19 CFR 351.218(d)(1)(i). US Magnesium LLC (``US Magnesium'') claimed 
interested party status under section 771(9)(C) of the Act, while the 
GOQ claimed interested party status under section 771(9)(B) of the Act.
    The Department received complete substantive responses from US 
Magnesium and the GOQ on August 1, 2005, within the 30-day deadline 
specified in 19 CFR 351.218(d)(3)(i). On August 5, 2005, the Department 
extended the due date for parties to submit rebuttal comments to August 
12, 2005. On August 12, 2005, US Magnesium and the GOQ filed rebuttal 
comments. On August 22, 2005, the Department, in its adequacy 
determination, stated that because a government response alone is not 
sufficient for full sunset reviews in which the orders are not\1\ done 
on an aggregate basis, pursuant to section 751(c)(3)(B) of the Act and 
19 CFR 351.218(e)(1)(ii)(C)(2), we are conducting expedited reviews of 
these CVD orders. See Memorandum from Susan Kuhbach to Barbara E. 
Tillman: Adequacy Determination: 2nd Sunset Review of the 
Countervailing Duty Orders on Pure Magnesium and Alloy Magnesium from 
Canada, dated August 22, 2005, which is on file in the Central Records 
Unit, Room B-099 of the main Department building.
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    \1\ The August 22, 2005, memo inadvertently omitted the word 
``not'' which has been added to the phrase in this document.
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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).

Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
October 31, 2005, which is hereby adopted by this notice. Parties can 
find a complete discussion of all issues raised in these reviews and 
the corresponding recommendation 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 Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Reviews

    We determine that revocation of the countervailing duty orders 
would be likely to lead to continuation or recurrence of a 
countervailable subsidy.

[[Page 67141]]

With respect to the pure magnesium order, we are reporting a rate of 
6.34 percent for ``all others'' and we have no basis for reporting a 
rate for NHCI. With respect to the alloy magnesium order, we are 
reporting a rate of 1.84 percent for Magnola, 8.18 percent for ``all 
others,'' and we have no basis for reporting a rate for NHCI.
    Timminco, which was found to have an estimated net subsidy of zero 
in the original investigations, remains excluded from the orders. See 
Final Affirmative Countervailing Duty Determinations: Pure Magnesium 
and Alloy Magnesium from Canada, 57 FR 30946 (July 13, 1992).

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: October 31, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-6126 Filed 11-3-05; 8:45 am]
BILLING CODE 3510-DS-S