(Cite as: 57 FR 54047)



                                             NOTICES

                                     DEPARTMENT OF COMMERCE

                                            (C-122-815)

               Final Results of Changed Circumstances Administrative Reviews: Pure Magnesium
                               and Alloy Magnesium From Canada

                                     Monday, November 16, 1992

*54047
                                     (Cite as: 57 FR 54047, *54047)

AGENCY: Import Administration, International Trade Administration, Department of Commerce.

EFFECTIVE DATE: November 16, 1992.

FOR FURTHER INFORMATION CONTACT:Roy A. Malmrose or Rick Herring, Office of Countervailing Investigations, Import
Administration, U.S. Department of 
                                     (Cite as: 57 FR 54047, *54047)

Commerce, room 3099, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-5414 or
482-3530, respectively.

Final Results

Based on the analysis explained in our preliminary results (57 FR 47619, October 19, 1992), we have determined that the
amended contract between Hydro- Quebec, the provincially-owned utility company, and Norsk Hydro Canada Inc.
(NHCI) does not provide a subsidy. Accordingly, we are directing the U.S. Customs Service to change the cash deposit rates
established in our final determinations (57 FR 30946, July 13, 1992), effective on the date of publication of this notice in the
Federal Register.

Comment

We have received the following written comment from one of the interested parties in these reviews: NHCI requests that the
Department of Commerce (DOC) adjust the duty deposit rates retroactive to January 1, 1992, the effective date of the revised
contract. NHCI argues that doing so would be consistent with the Department's approach in analogous changed
circumstances reviews.


                                     (Cite as: 57 FR 54047, *54047)

DOC Position

NHCI has provided no support for its claim that a retroactive adjustment would be consistent with past practice.
Furthermore, neither the statute nor the regulations provide justification for NHCI's claim. Pursuant to section 751(b) of the
Act, these reviews were initiated--on an expedited basis--to address whether the revised power contract provides a
countervailable benefit. There is no legal requirement that the resolution of this issue have a retroactive effect on the cash
deposit rates set by the final determinations. Moreover, these determinations are now subject to binational panel review.
Therefore, it would be inappropriate to adjust the cash deposit rates retroactively as NHCI requests.

Duty Deposit Rate

In accordance with these final results, we are reducing the duty deposit rates by the amount of the estimated subsidy
attributable to the original electricity contract as calculated in the Final Affirmative Countervailing Duty
Determinations: Pure Magnesium and Alloy Magnesium from Canada (57 FR 30946, July 13, 1992)
Accordingly, the new deposit rates are 7.61 percent ad valorem. We will direct the U.S. Customs Service to require a cash
deposit of 7.61 
                                     (Cite as: 57 FR 54047, *54047)

percent ad valorem for all entries of pure magnesium and alloy magnesium produced and exported by Norsk
Hydro Canada Inc., effective on the date of publication of this notice in the Federal Register.
Any interested party may request administrative reviews of the countervailing duty orders on pure magnesium
and alloy magnesium pursuant to 19 CFR 355.22(a). Written requests for an administrative review must be made in
August 1993.
This notice is published in acccordance with 19 CFR 355.22(h)(1)(ix).
Dated: November 6, 1992.

Alan M. Dunn,

Assistant Secretary for Import Administration.

(FR Doc. 92-27716 Filed 11-13-92; 8:45 am)

BILLING CODE 3510-DS-M