[Federal Register: July 11, 2007 (Volume 72, Number 132)]
[Notices]
[Page 37729-37730]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy07-40]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-815]
Pure Magnesium and Alloy Magnesium from Canada: Final Results of
2005 Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On April 20, 2007, 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, 2005, through August 15, 2005. 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 rate. Therefore, the
final results do not differ from 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: July 11, 2007.
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:
Background
On April 20, 2007, the Department of Commerce (``the Department'')
published 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, 2005, through August 15, 2005. See
Pure Magnesium and Alloy Magnesium from Canada: Preliminary Results of
Countervailing Duty Administrative Reviews, 72 FR 19881 (April 20,
2007) (``Preliminary Results'').
Norsk Hydro Canada, Inc. (``NHCI'') submitted a case brief on May
7, 2007. 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).
Period of Reviews
The period for which we are measuring subsidies, or POR, is January
1, 2005, through August 15, 2005.
[[Page 37730]]
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, 2005, through August 15, 2005, we
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
are not issuing cash deposit instructions.
Assessment Rates
Because the countervailing duty rate for NHCI is zero, we will
instruct U.S. Customs and Border Protection (``CBP'') to liquidate
entries of this company during the period January 1, 2005, through
August 15, 2005, without regard to countervailing duties. The
Department will issue appropriate instructions directly to CBP 41 days
after the date of publication of these final results.
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: July 3, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-13482 Filed 7-10-07; 8:45 am]
BILLING CODE 3510-DS-P