69 FR 55412, September 14, 2004
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-815]
Pure Magnesium and Alloy Magnesium From Canada:
Final Results of Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative
reviews.
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SUMMARY: On May 11, 2004, 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, 2002, through December 31, 2002.
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 Review.''
EFFECTIVE DATE: September 14, 2004.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, AD/CVD Enforcement,
Office 1, Import Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202) 482-4987.
SUPPLEMENTARY INFORMATION:
Background
On May 11, 2004, 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, 69 FR 26069 (May 11, 2004)
(``Preliminary Results''). Norsk Hydro Canada, Inc. (``NHCI''), one of
the respondents in this review, submitted a case brief on June 10,
2004. On June 15, 2004, U.S. Magnesium, LLC. (``the petitioner''), and
the Government of Qu[eacute]bec filed rebuttal briefs.
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
order are dispositive.
Secondary and granular magnesium are not included in the scope of
the order. 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
January 1, 2002, through December 31, 2002.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these administrative reviews are addressed in the September 8, 2004,
Issues and Decision Memorandum for the Final
[[Page 55413]]
Results of the Eleventh Countervailing Duty Administrative Review of
Pure and Alloy Magnesium From Canada (``Decision Memorandum'') from
Jeffrey May, Deputy Assistant Secretary for Import Administration, to
James J. Jochum, 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 the 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 Department building. In addition, a
complete version of the Decision Memorandum can be accessed directly on the
Internet at http://www.enforcement.trade.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)(4)(i), we calculated an
individual subsidy rate for each producer/exporter subject to this
review. For the period January 1, 2002, through December 31, 2002, we
determine the net subsidy rate for the reviewed companies to be as
follows:
Net Subsidy Rate: Pure Magnesium
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Manufacturer/exporter Percent
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Norsk Hydro Canada, Inc...................................... 1.07
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Net Subsidy Rate: Alloy Magnesium
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Manufacturer/exporter Percent
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Norsk Hydro Canada, Inc...................................... 1.07
Magnola Metallurgy, Inc...................................... 1.84
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Assessment Rates
The Department will issue appropriate assessment instructions
directly to U.S. Customs and Border Protection (``CBP'') within 15 days
of publication of these final results of reviews. As requested by NHCI
on October 17, 2003, pursuant to 19 U.S.C. 1516a(g)(5)(c)(i), the
Department will not order the liquidation of entries of pure or alloy
magnesium from Canada exported by NHCI on or after January 1, 2002,
through December 31, 2002, pending final disposition of dispute
settlement proceedings under NAFTA (USA/CDA-00-1904-09 (panel) and ECC-
2003-1904-01 USA, respectively) with respect to Pure and Alloy
Magnesium From Canada; Final Results of Full Sunset Review, 65 FR 41436
(July 5, 2000). Liquidation of NHCI 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 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-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 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 9, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
Appendix--List of Comments and Issues in the Decision Memorandum
Comment 1: Adjusting Current Assessment Rates to Compensate for
Over-assessment on Prior Entries
[FR Doc. E4-2186 Filed 9-13-04; 8:45 am]