70 FR 54367, September 14, 2005
DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-815]
Pure Magnesium and Alloy Magnesium From Canada: Final Results of
2003 Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On May 10, 2005, 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, 2003, through December 31, 2003.
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 Reviews.''
EFFECTIVE DATE: September 14, 2005.
FOR FURTHER INFORMATION CONTACT: Andrew McAllister, 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.
SUPPLEMENTARY INFORMATION:
Case History
On May 10, 2005, 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, 70 FR 24530 (May 10, 2005)
(``Preliminary Results''). Norsk Hydro Canada, Inc. (``NHCI''), Magnola
Metallurgy Inc. (``Magnola''), the Government of Quebec, and the
Government of Canada submitted case briefs on June 9, 2005. On June 14,
2005, U.S. Magnesium, LLC (``the petitioner'') filed a 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, 2003, through December 31, 2003.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
these administrative reviews are addressed in the September 7, 2005,
Issues and Decision Memorandum for the 2003 Countervailing Duty
Administrative Reviews of Pure Magnesium and Alloy Magnesium from
Canada (``Decision Memorandum'') to Joseph Spetrini, Acting 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 all
issues raised in these reviews and the corresponding recommendations in
this public memorandum, which is on file in the Department's Central
Records Unit, Room B-099 of the main Department building (``CRU''). In
addition, a complete version of the Decision Memorandum can be accessed
directly on the Internet at https://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)(5), we calculated an
individual subsidy rate for each producer/exporter subject to these
reviews. For the period January 1, 2003, through December 31, 2003, we
determine the net subsidy rates for the reviewed companies to be as
follows:
------------------------------------------------------------------------
Manufacturer/exporter Percent
------------------------------------------------------------------------
Net Subsidy Rate: Pure Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc....................................... 1.21
---------------------------------------------------------------
Net Subsidy Rate: Alloy Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc....................................... 1.21
Magnola Metallurgy, Inc....................................... 5.40
------------------------------------------------------------------------
Assessment Rates
Pursuant to 19 U.S.C. Sec. 1516a(g)(5)(c)(i), the Department will
not order the liquidation of entries of pure magnesium or alloy
magnesium from Canada exported by NHCI or Magnola on or after January
1, 2003, through December 31, 2003, pending final disposition of a
dispute settlement proceeding under NAFTA (USA-CDA-00-1904-09 (panel))
with respect to Pure and Alloy Magnesium From Canada; Final Results of
Full Sunset Review, 65 FR 41436 (July 5, 2000). Liquidation of NHCI and
Magnola 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 U.S. Customs and Border Protection
(``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-
[[Page 54368]]
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 country-wide
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 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
Appendix I
Comments in the Issues and Decision Memorandum
Comment 1: Issuance of Liquidations Instructions at the Final
Results for NHCI
Comment 2: NHCI's Cash Deposit Rate
Comment 3: Adjustment of NHCI's CVD Rate
Comment 4: MTM Program Benefits for Magnola
Comment 5: Magnola's Discount Rate
[FR Doc. E5-5018 Filed 9-13-05; 8:45 am]
BILLING CODE 3510-DS-P