71 FR 65468, November 8, 2006
DEPARTMENT OF COMMERCE
International Trade Administration
C-122-815
Pure Magnesium and Alloy Magnesium from Canada: Final Results of
2004 Countervailing Duty Administrative Reviews and Partial Rescission
of Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 13, 2006, 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, 2004, through December 31, 2004.
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 rate for the reviewed company are listed below in the section
entitled ``Final Results of Reviews.''
EFFECTIVE DATE: November 8, 2006.
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:
Case History
On July 13, 2006, 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 and Intent to Rescind, 71 FR
39667 (July 13, 2006) (``Preliminary Results''). Norsk Hydro Canada,
Inc. (``NHCI'') submitted a case brief on August 14, 2006. 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).
Partial Rescission
In the Preliminary Results, the Department preliminarily rescinded
these reviews with respect to Magnola Metallurgy Inc. (``Magnola'')
pursuant to 19 CFR 351.213(d)(3). The Department confirmed using data
from U.S. Customs and Border Protection that Magnola did not ship
subject merchandise to the United States during the POR. In addition,
we did not receive any evidence from the petitioners that Magnola
shipped subject merchandise to the United States during the POR.
Therefore, pursuant to 19 CFR 351.213(d)(3), we are rescinding these
reviews with respect to Magnola.
Period of Reviews
The period for which we are measuring subsidies, or POR, is January
1, 2004, through December 31, 2004.
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, 2004, through December 31, 2004, we
find the net subsidy rate for NHCI to be 0.51 percent. We are
disclosing our calculations to the interested parties in accordance
with 19 CFR 351.224(b).
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.
However, were the Department to issue cash deposit instructions,
the estimated net subsidy for future NHCI imports would be zero because
the subsidy benefits were fully extinguished during the POR.
Consequently, no cash deposits of estimated countervailing duties would
be required on shipments of the subject merchandise from the reviewed
entity, entered, or withdrawn from warehouse, for consumption on or
after the date of publication of the final results of these reviews.
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 on or after January 1, 2004,
through December 31, 2004, 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 entries
will occur at the rate described in these final results of reviews, if
appropriate, following the final disposition of the previously
mentioned NAFTA dispute settlement proceedings.
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.
[[Page 65469]]
These administrative reviews and notice are in accordance with
section 751(a)(1) of the Act.
Dated: October 31, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-18886 Filed 11-7-06; 8:45 am]
BILLING CODE 3510-DS-S