[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Notices]
[Page 19881-19883]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap07-32]
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DEPARTMENT OF COMMERCE
International Trade Administration
C-122-815
Pure Magnesium and Alloy Magnesium from Canada: Preliminary
Results of Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce is conducting administrative
reviews of the countervailing duty orders on pure magnesium and alloy
magnesium from Canada for the period January 1, 2005,
[[Page 19882]]
through August 15, 2005. We preliminarily find that the countervailing
duty rates during the period of review for the producer/exporter
covered by these reviews is zero. If the final results remain the same
as these preliminary results, we will instruct U.S. Customs and Border
Protection to assess countervailing duties as detailed in the
``Preliminary Results of Reviews'' section of this notice. Interested
parties are invited to comment on these preliminary results (see the
``Public Comment'' section of this notice).
EFFECTIVE DATE: April 20, 2007.
FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Devta Ohri, AD/
CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington DC 20230; telephone (202) 482-1174
or (202) 482-3853, respectively.
SUPPLEMENTARY INFORMATION:
Case History
On August 31, 1992, the Department of Commerce (``the Department'')
published in the Federal Register 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) (``Magnesium Investigation''). On August 1, 2006, the
Department published a notice of ``Opportunity to Request
Administrative Review'' of these countervailing duty orders (see
Antidumping or Countervailing Duty Order, Finding, or Suspended
Investigation; Opportunity To Request Administrative Review, 71 FR
44085). We received a timely request for review from Norsk Hydro
Canada, Inc. (``NHCI''). On September 29, 2006, we initiated these
reviews covering shipments of subject merchandise from NHCI (see
Initiation of Antidumping and Countervailing Duty Administrative
Reviews, 71 FR 57465).
On October 19, 2006, we issued countervailing duty questionnaires
to NHCI, the Government of Qu[eacute]bec (``GOQ''), and the Government
of Canada (``GOC''). We received questionnaire responses from NHCI on
November 20, 2006, the GOQ on November 22, 2006, and the GOC on
December 14, 2006.
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 Review
The period of review (``POR'') for which we are measuring subsidies
is January 1, 2005, through August 15, 2005.
Analysis of Programs
I. Programs Preliminarily Determined To Be Not Used
We examined the following programs and preliminarily determine that
NHCI did not apply for or receive benefits under these programs during
the POR:
Article 7 Grant from the Qu[eacute]bec Industrial Development
Corporation (``SDI'')
Emploi-Qu[eacute]bec Manpower Training Program
St. Lawrence River Environment Technology Development Program
Program for Export Market Development
The Export Development Corporation
Canada-Qu[eacute]bec Subsidiary Agreement on the Economic
Development of the Regions of Qu[eacute]bec
Opportunities to Stimulate Technology Programs
Development Assistance Program
Industrial Feasibility Study Assistance Program
Export Promotion Assistance Program
Creation of Scientific Jobs in Industries
Business Investment Assistance Program
Business Financing Program
Research and Innovation Activities Program
Export Assistance Program
Energy Technologies Development Program
Financial Assistance Program for Research Formation and for
the Improvement of the Recycling Industry
Transportation Research and Development Assistance Program
II. Program Previously Determined To Be Terminated
Exemption from Payment of Water Bills
Preliminary Results of Reviews
For the period January 1, 2005, through August 15, 2005, we
preliminarily find the net subsidy rate for NHCI to be 0.00 percent.
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
do not intend to issue cash deposit instructions.
Liquidation Instructions
If the final results of these reviews remain the same as these
preliminary results, we will instruct CBP to liquidate entries during
the period January 1, 2005, through August 15, 2005, without regard to
countervailing duties in accordance with 19 CFR 351.106(c)(1). The
Department will issue appropriate instructions directly to CBP within
41 days of publication of the final results of these reviews.
For all other companies that were not reviewed (except Timminco
Limited which is excluded from the orders), the Department has directed
CBP to assess countervailing duties on all entries between January 1,
2005, and August 15, 2005, at the rates in effect at the time of entry.
Public Comment
Pursuant to 19 CFR 351.310(c), any interested party may request a
hearing within 30 days of publication of this notice. Any hearing, if
requested, will be held 42 days after the publication of this notice,
or the first workday thereafter. Issues raised in the hearing
[[Page 19883]]
will be limited to those raised in the case and rebuttal briefs.
Pursuant to 19 CFR 351.309(c), interested parties may submit case
briefs within 30 days of the date of publication of this notice.
Rebuttal briefs, which must be limited to issues raised in the case
briefs, may be filed not later than 35 days after the date of
publication of this notice. See 19 CFR 351.309(d). Parties who submit
case briefs or rebuttal briefs in this proceeding are requested to
submit with each argument (1) a statement of the issue and (2) a brief
summary of the argument with an electronic version included.
The Department will issue the final results of these administrative
reviews, including the results of its analysis of issues raised in any
such written briefs or hearing, within 120 days of publication of these
preliminary results. See section 751(a)(3) of the Act.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: April 13, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-7598 Filed 4-19-07; 8:45 am]
BILLING CODE 3510-DS-S