NOTICES

                   DEPARTMENT OF COMMERCE

             International Trade Administration

                           [C-122-815]

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

                    Friday, September 8, 2000

  *54498

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

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

  SUMMARY: On May 4, 2000, the Department of Commerce ("the
  Department") 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, 1998 through December 31, 1998.

  Our analysis of the comments received on the preliminary results did
  not lead to any changes of the net subsidy rate. Therefore, these final
  results are identical to 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: September 8, 2000.

  FOR FURTHER INFORMATION CONTACT: Annika O'Hara or Craig
  Matney, AD/CVD Enforcement, Office 1, Group I, Import
  Administration, U.S. Department of Commerce, 14th Street and
  Constitution Avenue, N.W., Washington, D.C. 20230; telephone
  (202) 482-3798 or (202) 482-1778, respectively.

  SUPPLEMENTARY INFORMATION:

  Applicable Statute and Regulations

  Unless otherwise indicated, all citations to the statute are references
  to the provisions of section 751(a) of the Tariff Act of 1930, as
  amended by the Uruguay Round Agreements Act ("URAA"), effective
  January 1, 1995 ("the Act"). In addition, unless otherwise indicated,
  all citations to the Department's regulations are to 19 CFR part 351
  (1999).

  Background

  On May 4, 2000, 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, 65 FR 25910 (May 4, 2000))
  ("Preliminary Results"). We received a case brief from the petitioner,
  the Magnesium Corporation of America, on June 5, 2000. Norsk
  Hydro Canada, Inc. ("NHCI"), the sole producer or exporter of the
  subject merchandise for which a review was requested, and the
  Government of Que1bec filed rebuttal briefs on June 12, 2000. The
  Department did not conduct a hearing for these reviews because
  none was requested.

  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 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 Review

  The period of review for which we are measuring subsidies is from
  January 1, 1998 through December 31, 1998.

  Analysis of Comments Received

  All issues raised in the case and rebuttal briefs by parties to these
  administrative reviews are addressed in the September 1, 2000,
  Issues and Decision Memorandum ("Decision Memorandum") from
  Richard W. Moreland, Deputy Assistant Secretary, Import
  Administration, to Troy H. Cribb, Acting Assistant Secretary for
  Import Administration, which is hereby adopted by this notice.
  Attached to this notice as Appendix I 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 Central Records Unit,
  Room B-099 

*54499

  of the Department. In addition, a complete
  version of the Decision Memorandum can be accessed directly on the
  Internet at http://www.enforcement.trade.gov/frn/ under the heading
  "Canada." 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 net subsidy rate.

  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 these
  reviews. We will instruct the U.S. Customs Service ("Customs") to
  assess countervailing duties as indicated below on all
  appropriate entries. For the period January 1, 1998 through
  December 31, 1998, we determine the net subsidy rate for the
  reviewed company to be as follows:
    
           Net Subsidy Rate          
  ---------------------------------- 
    Manufacturer/exporter    Percent 
  ---------------------------------- 
  Norsk Hydro Canada, Inc ..... 1.38 
  ---------------------------------- 
    
  The Department will also instruct Customs to collect cash deposits of
  estimated countervailing duties in the percentage detailed above
  on the f.o.b. invoice price on all shipments of the subject
  merchandise from NHCI entered, or withdrawn from warehouse, for
  consumption on or after the date of publication of the final results of
  these reviews.
  Because the URAA replaced the general rule in favor of a
  country-wide rate with a general rule in favor of individual rates for
  investigated and reviewed companies, the procedures for
  establishing countervailing duty rates, including those for
  non-reviewed companies, are now essentially the same as those in
  antidumping cases, except as provided for in section 777A(e)(2)(B)
  of the Act. The requested review will normally cover only those
  companies specifically named (see 19 CFR 351.213(b)). Pursuant to
  19 CFR 351.212(c), for all companies for which a review was not
  requested, duties must be assessed at the cash deposit rate, and cash
  deposits must continue to be collected at the rate previously
  ordered. As such, the countervailing duty cash deposit rate
  applicable to a company can no longer change, except pursuant to a
  request for a review of that company. See Federal-Mogul
  Corporation and The Torrington Company v. United States, 822 F.
  Supp. 782 (CIT 1993) and Floral Trade Council v. United States, 822
  F. Supp. 766 (CIT 1993). Therefore, the cash deposit rates for all
  companies except NHCI will be unchanged by the results of these
  reviews.
  Accordingly, we will instruct Customs 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 for Timminco Limited, which was excluded from the orders in
  the original investigations, these rates were established in the first
  administrative proceeding conducted under the URAA. See Final
  Results of the Second Countervailing Duty Administrative
  Reviews: Pure Magnesium and Alloy Magnesium from Canada, 62
  FR 48607 (September 16, 1997).
  In addition, for the period January 1, 1998 through December 31,
  1998, the assessment rates applicable to all non-reviewed companies
  covered by these orders are the cash deposit rates in effect at the
  time of entry, except for Timminco Limited (which was excluded
  from the order in the original investigations).
  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 1, 2000.

  Joseph A. Spetrini,

  Acting Assistant Secretary for Import Administration.

  Appendix I--Issues Discussed in the Decision Memorandum

  I. Methodology and background information
  1. Subsidies valuation information
  A. Allocation period
  A. Discount rates
  II. Analysis of programs
  1. Program conferring subsidies
  A. Article 7 grant from the Que1bec Industrial Development
  Corporation ("SDI")
  2. Programs determined to be not used
  A. St. Lawrence River Environment Technology Development
  Program
  B. Program for Export Market Development
  C. The Export Development Corporation
  D. Canada-Que1bec Subsidiary Agreement on the Economic
  Development of the Regions of Que1bec
  E. Opportunities to Stimulate Technology Programs
  F. Development Assistance Program
  G. Industrial Feasibility Study Assistance Program
  H. Export Promotion Assistance Program
  I. Creation of Scientific Jobs in Industries
  J. Business Investment Assistance Program
  K. Business Financing Program
  L. Research and Innovation Activities Program
  M. Export Assistance Program
  N. Energy Technologies Development Program
  O. Transportation Research and Development Assistance Program
  3. Program from which NHCI no longer derives a countervailable
  benefit
  A. Exemption from payment of water bills
  III. Analysis of comments
  Comment 1: Description of a program as "terminated"

  [FR Doc. 00-23128 Filed 9-7-00; 8:45 am]

  BILLING CODE 3510-DS-P

  65 FR 54498-01, 2000 WL 1268890 (F.R.)
  END OF DOCUMENT