65 FR 41444, July 5, 2000
[C-122-815 (alloy), C-122-815 (pure)]
Pure Magnesium and Alloy Magnesium From Canada; Final Results of
Full Sunset Reviews Reviews of Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of full sunset reviews: Pure magnesium
and alloy magnesium from Canada.
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SUMMARY: On February 29, 2000, the Department of Commerce (``the
Department'') published in the Federal Register (65 FR 10766) the
preliminary results of the full sunset review of the countervailing
duty orders on pure magnesium and alloy magnesium from Canada, pursuant
to section 751(c) of the Tariff Act of 1930, as amended (``the Act'').
We provided interested parties an opportunity to comment on our
preliminary results and received comments filed on behalf of domestic
and respondent interested parties. As a result of this review, the
Department finds that revocation of the countervailing duty orders
would be likely to lead to continuation or recurrence of a
countervailable subsidy. The net countervailable subsidy and the nature
of the subsidy are identified in the Final Results of Review section of
this notice.
FOR FURTHER INFORMATION CONTACT: Kathryn B. McCormick or James Maeder,
Office of Policy for Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th & Constitution, NW.,
Washington, DC 20230; telephone: (202) 482-1930 or (202) 482-3330,
respectively.
EFFECTIVE DATE: July 5, 2000.
Statute and Regulations
These reviews were conducted pursuant to sections 751(c) and 752 of
the Act. The Department's procedures for the conduct of sunset reviews
are set forth in Procedures for Conducting Five-year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders, 63 FR 13516
(March 20, 1998) (``Sunset Regulations'') and in 19 CFR Part 351 (1999)
in general. Guidance on methodological or analytical issues relevant to
the Department's conduct of sunset reviews is set forth in the
Department's Policy Bulletin 98:3--Policies Regarding the Conduct of
Five-year (``Sunset'') Reviews of Antidumping and Countervailing Duty
Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset Policy
Bulletin'').
Scope
The products covered by these orders are pure magnesium 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 merchandise is currently classifiable under items 8104.11.0000 and
8104.19.0000 of the Harmonized Tariff Schedule of the United States
(``HTSUS''). Although the HTSUS subheadings are provided for
convenience and customs purposes, our written description of the scope
remains dispositive. Secondary and granular magnesium are not included
in the scope of these orders.
Background
On February 29, 2000, the Department of Commerce (``the
Department'') published in the Federal Register a notice of preliminary
results of the full sunset review of the countervailing duty orders on
pure magnesium and alloy magnesium (65 FR 10766) pursuant to section
751(c) of the Tariff Act of 1930, as amended (``the Act''). In our
preliminary results, we found that revocation of the orders would
likely result in continuation or recurrence of a countervailable
subsidy. In addition, we preliminarily determined the net
countervailable subsidy likely to prevail if the orders were revoked to
be 1.84 percent ad valorem for Norsk Hydro Canada Inc. (``NHCI'') and
4.48 percent ad valorem for ``all others.''
On April 14, 2000, within the deadline specified in 19 CFR
351.209(c)(1)(i), we received a case brief on behalf of the Magnesium
Corporation of America (``Magcorp'') and respondent interested parties,
NHCI and the Government of Quebec (``GOQ''). On April 24, 2000, within
the deadline specified in 19 CFR 351.309(d), the Department received
rebuttal comments from Magcorp and the GOQ. On March 17, 2000, we
received a request for a hearing on behalf of the GOQ. Subsequently, on
April 28, 2000, the GOQ withdrew its request and the Department
canceled the hearing.
We note that the Department issued the preliminary results of
countervailing duty administrative reviews covering the period January
1, 1998 through December 31, 1998 on May 4, 2000 (65 FR 25910).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this sunset review are addressed in the ``Issues and Decision
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant
Secretary for Import Administration, dated June 27, 2000, which is
hereby adopted by this notice. The issues discussed in the Decision
Memo include the likelihood of continuation or recurrence of
countervailable subsidies and the net countervailable subsidy likely to
prevail were the orders revoked. Parties can find a complete discussion
of all 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 Commerce Building.
In addition, a complete version of the Decision Memo can be
accessed directly on the Web at www.ita.doc.gov/import_admin/records/
frn/, under the heading ``Canada.'' The paper copy and electronic
version of the Decision Memo are identical in content.
Final Results of Review
As a result of this review, the Department finds that revocation of
the countervailing duty orders would be likely to lead to continuation
or recurrence of a countervailable subsidy at the rates listed below:
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Margin
Manufacturer/Exporter (percent)
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Norsk Hydro Canada Inc. (``Norsk'').......................... 1.84
All Others................................................... 4.48
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Timminco, which was found to have an estimated net subsidy of zero in
the original investigations, remains excluded from the orders.\1\
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\1\ See Final Affirmative Countervailing Duty Determinations:
Pure Magnesium and Alloy Magnesium from Canada, 57 FR 30946 (July
13, 1992).
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The program included in our calculation of the net countervailable
subsidy likely to prevail if the orders were revoked does not fall
within the definition of an export subsidy under Article 3.1(a) of the
Subsidies Agreement.
This notice serves as the only reminder to parties subject to
[[Page 41445]]
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305 of the Department's regulations.
Timely notification of return/destruction of APO material 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.
This five-year (``sunset'') review and notice are in accordance
with sections 751(c), 752, and 777(i)(1) of the Act.
Dated: June 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16947 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P