30070 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices

will be the rate established for the most

recent period for the manufacturer of

the merchandise; and (4) the cash

deposit rate for all other manufacturers

or exporters will continue to be 29.52.

This rate is the ‘‘All Others’’ rate from

the LTFV investigation.

These deposit requirements shall

remain in effect until publication of the

final results of the next administrative

review.

This notice also serves as a final

reminder to importers of their

responsibility under 19 CFR 351.402(f)

to file a certificate regarding the

reimbursement of antidumping duties

prior to liquidation of the relevant

entries during this review period.

Failure to comply with this requirement

could result in the Secretary’s

presumption that reimbursement of

antidumping duties occurred and the

subsequent assessment of doubled

antidumping duties.

This notice also serves as the only

reminder to parties subject to

administrative protective orders (APO)

of their responsibility concerning the

return or destruction of proprietary

information disclosed under APO in

accordance with 19 CFR 351.305 or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a violation which is subject to

sanction.

We are issuing and publishing this

determination and notice in accordance

with sections section 751(a)(1) and

777(i) of the Act.

Dated: May 3, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

Appendix—List of Issues

1. Duty Reimbursement

2. Reclassification of All U.S. Sales as

Constructed Export Price Sales

3. Indirect Selling Expenses Incurred in

Mexico

4. Calculation of Cinsa International

Corporation’s Indirect Selling Expenses/

Bad Debt

5. Calculation of CEP Profit

6. CEP Offset Adjustment

7. Pre-Sale Warehousing Expenses

8. Model Matching Methodology

[FR Doc. 00–11735 Filed 5–9–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–122–814]

Pure Magnesium From Canada;

Preliminary Results of Antidumping

Duty Administrative Review and Notice

of Intent Not To Revoke Order in Part

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of preliminary results of

1998–1999 administrative review and

intent not to revoke.

SUMMARY: The Department of Commerce

is conducting an administrative review

of the antidumping duty order on pure

magnesium from Canada. The period of

review is August 1, 1998 through July

31, 1999. This review covers imports of

pure magnesium from one producer/

exporter.

We have preliminarily found that

sales of subject merchandise have not

been made below normal value. We

have also preliminarily determined not

to revoke the order with respect to pure

magnesium from Canada produced by

Norsk Hydro Canada, Inc. If these

preliminary results are adopted in our

final results, we will instruct the

Customs Service not to assess

antidumping duties.

Interested parties are invited to

comment on these preliminary results.

We will issue the final results not later

than 120 days from the date of

publication of this notice.

EFFECTIVE DATE: May 10, 2000.

FOR FURTHER INFORMATION CONTACT: Zak

Smith or Melani Miller, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, N.W., Washington D.C. 20230;

telephone (202) 482–0189 or (202) 482–

0116, respectively.

The Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute are references to

the provisions effective January 1, 1995,

the effective date of the amendments

made to the Tariff Act of 1930 (‘‘the

Act’’) by the Uruguay Round

Agreements Act. In addition, unless

otherwise indicated, all citations to the

Department of Commerce’s (‘‘the

Department’s’’) regulations refer to 19

CFR Part 351 (1998).

Background

The Department published an

antidumping duty order on pure

magnesium from Canada on August 31,

1992 (57 FR 39390). On August 11,

1999, the Department published a notice

of ‘‘Opportunity to Request an

Administrative Review’’ of this order

(64 FR 43649). On August 13, 1999,

Magnesium Corporation of America (the

‘‘petitioner’’) requested an

administrative review of imports of the

subject merchandise produced by Norsk

Hydro Canada, Inc. (‘‘NHCI’’). NCHI

made a similar request for review on

August 18, 1999. We initiated the

review on October 1, 1999. This review

covers the period August 1, 1998

through July 31, 1999.

The Department is conducting this

administrative review in accordance

with section 751 of the Act.

Scope of Review

The product covered by this review is

pure magnesium. Pure unwrought

magnesium contains at least 99.8

percent magnesium by weight and is

sold in various slab and ingot forms and

sizes. Granular and secondary

magnesium are excluded from the scope

currently classifiable under subheading

8104.11.0000 of the Harmonized Tariff

Schedule (‘‘HTS’’). The HTS item

number is provided for convenience and

for customs purposes. The written

description remains dispositive.

Export Price

For sales to the United States, we

used export price (‘‘EP’’) as defined in

section 772(a) of the Act because the

merchandise was sold directly to the

first unaffiliated purchaser in the United

States prior to importation. The use of

constructed export prices was not

warranted based on the facts of the

record. EP was based on the packed,

delivered, duties unpaid price to

unaffiliated purchasers in the United

States. We made a deduction for

movement expenses in accordance with

section 772(c)(2)(A) of the Act; this

included the foreign and U.S. inland

freight expenses.

Normal Value

We compared the aggregate quantity

of home market and U.S. sales and

determined that the quantity of the

company’s sales in its home market was

more than five percent of the quantity

of its sales to the U.S. market.

Consequently, pursuant to section

773(a)(1) of the Act, we based normal

value (‘‘NV’’) on home market sales.

We made adjustments for differences

in packing in accordance with sections

773(a)(6)(A) and 773(a)(6)(B)(i) of the

Act. We also made adjustments for

movement expenses, consistent with

section 773(a)(6)(B)(ii) of the Act, for

inland freight. In addition, we made

adjustments for differences in

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Notices 30071

circumstances of sale (‘‘COS’’) in

accordance with section 773(a)(6)(C)(iii)

of the Act and 19 CFR 351.410. We

made COS adjustments by deducting

direct selling expenses incurred on

home market sales (credit expenses) and

adding U.S. direct selling expenses

(credit expenses).

Revocation

Pursuant to 19 CFR 351.222(b)(2),

NHCI requested revocation of the

antidumping duty order, in part. In

accordance with 19 CFR 351.222(e), the

request was accompanied by

certifications that NHCI had not sold the

subject merchandise at less than normal

value during the current period of

review and would not do so in the

future. NHCI further certified that it sold

the subject merchandise to the United

States in commercial quantities for a

period of at least three consecutive

years. NHCI also agreed to immediate

reinstatement of the antidumping duty

order, as long as any exporter or

producer is subject to the order, if the

Department concludes that NHCI,

subsequent to the revocation, sold the

subject merchandise at less than normal

value.

We must determine, as a threshold

matter, in accordance with 19 CFR

351.222, whether the company

requesting revocation sold the subject

merchandise in commercial quantities

in each of the three years forming the

basis of the request. See Pure

Magnesium From Canada; Final Results

of Antidumping Duty Administrative

Review and Determination Not to

Revoke Order in Part, 64 FR 12977,

12978 (March 16, 1999) (‘‘Fifth

Review’’) and Pure Magnesium From

Canada; Final Results of Antidumping

Duty Administrative Review and

Determination Not to Revoke Order in

Part, 64 FR 50489, 50490 (September 17,

1999) (‘‘Sixth Review’’). In the Fifth

Review, we determined that NHCI did

not sell the subject merchandise in the

United States in commercial quantities

in any of the three years cited by NHCI

to support its request for revocation (the

administrative review years 1994–1995,

1995–1996, and 1996–1997). In the

Sixth Review, we determined that NHCI

did not sell the subject merchandise in

the United States in commercial

quantities in two of the three years cited

by NHCI to support its request for

revocation (the administrative review

years 1995–1996 and 1996–1997).

Consistent with our findings in the Fifth

Review and Sixth Review, we

preliminarily find that NHCI does not

qualify for revocation of the order on

pure magnesium because it does not

have three consecutive years of sales in

commercial quantities at not less than

normal value, as provided for in 19 CFR

351.222(b) and (e)(1)(ii). In particular,

NHCI’s sales in 1996–1997 were not in

commercial quantities. (See the

Memorandum from Team to Susan

Kuhbach, ‘‘Commercial Quantities,’’

dated April 20, 2000, for a discussion of

NHCI’s selling activity).

Preliminary Results of the Review

As a result of this review, we

preliminarily determine that NHCI’s

margin for the period August 1, 1998,

through July 31, 1999, is zero.

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 will be limited to those raised

in the case and rebuttal briefs. 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.

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 publish the final

results of this administrative review

subsequently, including the results of its

analysis of issues raised in any such

written briefs or hearing. The

Department will issue final results of

this review within 120 days of

publication of these preliminary results.

Furthermore, the following deposit

requirements will be effective upon

completion of the final results of this

administrative review for all shipments

of pure magnesium from Canada

entered, or withdrawn from warehouse,

for consumption on or after the

publication date of the final results of

this administrative review, as provided

by section 751(a)(1) of the Act: (1) the

cash deposit rate for the reviewed

company will be the rate established in

the final results of this administrative

review (except no cash deposit will be

required for the company if its

weighted-average margin is de minimis,

i.e., less than 0.5 percent); (2) for

merchandise exported by manufacturers

or exporters not covered in this review

but covered in the original less than fair

value investigation or a previous review,

the cash deposit will continue to be the

most recent rate published in the final

determination or final results for which

the manufacturer or exporter received

an individual rate; (3) if the exporter is

not a firm covered in this review, the

previous review, or the original

investigation, but the manufacturer is,

the cash deposit rate will be the rate

established for the most recent period

for the manufacturer of the

merchandise; and (4) if neither the

exporter nor the manufacturer is a firm

covered in this or any previous reviews,

the cash deposit rate will be 21 percent,

the ‘‘all others’’ rate established in Pure

Magnesium from Canada; Amendment

of Final Determination of Sales At Less

Than Fair Value and Order in

Accordance With Decision on Remand

(58 FR 62643, November 29, 1993).

This notice serves as a preliminary

reminder to importers of their

responsibility to file a certificate

regarding the reimbursement of

antidumping duties prior to liquidation

of the relevant entries during this

review period. Failure to comply with

this requirement could result in the

Secretary’s presumption that

reimbursement of antidumping duties

occurred and the subsequent assessment

of double antidumping duties.

We are issuing and publishing these

results in accordance with sections

751(a)(1) and 777(i)(1) of the Act.

Dated: May 2, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–11600 Filed 5–9–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–580–810]

Certain Welded ASTM A–312 Stainless

Steel Pipe From the Republic of Korea;

Final Results of Antidumping Duty

Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of final results of

antidumping duty administrative

review.

SUMMARY: On December 28, 1999, the

Department of Commerce (the

Department) published the preliminary

results of administrative review of the

antidumping duty order on certain

welded ASTM A–312 stainless steel

pipe (WSSP) from Korea (64 FR 72645).

The merchandise covered by this order

is austenitic stainless steel pipe that

meets the standards and specifications

set forth by the American Society for

Testing and Materials (ASTM) for the