[Federal Register Volume 72, Number 132 (Wednesday, July 11, 2007)]
[Notices]
[Pages 37729-37730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-13482]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


Pure Magnesium and Alloy Magnesium from Canada: Final Results of 
2005 Countervailing Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On April 20, 2007, 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, 2005, through August 15, 2005. 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 rate. Therefore, the 
final results do not differ from the preliminary results. The final net 
subsidy rate for the reviewed company is listed below in the section 
entitled ``Final Results of Reviews.''

EFFECTIVE DATE: July 11, 2007.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Brandon 
Farlander, 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 or (202) 482-0182, 
respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 20, 2007, the Department of Commerce (``the Department'') 
published 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, 2005, through August 15, 2005. See 
Pure Magnesium and Alloy Magnesium from Canada: Preliminary Results of 
Countervailing Duty Administrative Reviews, 72 FR 19881 (April 20, 
2007) (``Preliminary Results'').
    Norsk Hydro Canada, Inc. (``NHCI'') submitted a case brief on May 
7, 2007. In its case brief, NHCI agreed with the Department's 
Preliminary Results with respect to NHCI. US Magnesium LLC (``the 
petitioner'') did not file a case or 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, 2005, through August 15, 2005.

[[Page 37730]]

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 rate.

Final Results of Reviews

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual subsidy rate for the producer/exporter subject to these 
reviews. For the period January 1, 2005, through August 15, 2005, we 
find the net subsidy rate for NHCI to be 0.00 percent.

Cash Deposit Instructions

    On July 6, 2006, pursuant to section 751(d)(2) of the Act and 19 
CFR 351.222(i)(1)(iii), the Department revoked the countervailing duty 
orders on pure magnesium and alloy magnesium from Canada (see 
Revocation of the Countervailing Duty Orders: Pure Magnesium and Alloy 
Magnesium from Canada, 71 FR 38382 (July 6, 2006)). The effective date 
of the revocations is August 16, 2005. As a result of this action, we 
are not issuing cash deposit instructions.

Assessment Rates

    Because the countervailing duty rate for NHCI is zero, we will 
instruct U.S. Customs and Border Protection (``CBP'') to liquidate 
entries of this company during the period January 1, 2005, through 
August 15, 2005, without regard to countervailing duties. The 
Department will issue appropriate instructions directly to CBP 41 days 
after the date of publication of these final results.
    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: July 3, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-13482 Filed 7-10-07; 8:45 am]
BILLING CODE 3510-DS-P