[Federal Register Volume 65, Number 129 (Wednesday, July 5, 2000)]
[Notices]
[Pages 41436-41437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16946]



[[Page 41436]]

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]


Pure Magnesium From Canada; Final Results of Full Sunset Review

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

ACTION: Notice of Final Results of Full Sunset Review: Pure Magnesium 
from Canada.

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SUMMARY: On August 2, 1999, the Department of Commerce (``the 
Department'') initiated a sunset review of the antidumping duty order 
on pure magnesium from Canada (64 FR 41915) pursuant to section 751(c) 
of the Tariff Act of 1930, as amended (``the Act''). On the basis of a 
notice of intent to participate filed on behalf of domestic interested 
parties and adequate substantive comments filed on behalf of domestic 
and respondent interested parties, the Department determined to conduct 
a full review. As a result of this review, the Department finds that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping at the levels indicated in the 
Final Results of Review section of this notice.

EFFECTIVE DATE: July 5, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
5050 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations

    This review is being conducted pursuant to sections 751(c) and 752 
of the Act. The Department's procedures for the conduct of sunset 
reviews are set forth in Procedures for Conducting Five-year 
(``Sunset'') Reviews of Antidumping and Countervailing Duty Orders, 63 
FR 13516 (March 20, 1998) (``Sunset Regulations'') and 19 CFR Part 351 
(1999) in general. Guidance on methodological or analytical issues 
relevant to the Department's conduct of sunset reviews is set forth in 
the Department's Policy Bulletin 98:3--Policies Regarding the Conduct 
of Five-year (``Sunset'') Reviews of Antidumping and Countervailing 
Duty Orders; Policy Bulletin, 63 FR 18871 (April 16, 1998) (``Sunset 
Policy Bulletin'').

Background

    On February 29, 2000, the Department published the preliminary 
results of the sunset review of the antidumping duty order on pure 
magnesium from Canada (65 FR 10768 ). In the preliminary results, the 
Department determined that it is likely that dumping of the subject 
merchandise would continue or recur if the order were revoked because 
imports of the subject merchandise decreased by more than 97 percent in 
the year following the issuance of the order. In addition, imports of 
pure magnesium from Canada have consistently remained at less than 10 
percent of their pre-order levels. Therefore, consistent with section 
II.A.3 of the Department's Sunset Policy Bulletin, and with the 
Statement of Administrative Action at 889-90, and the House Report at 
63 (H.R. Rep. No. 103-826, pt.1 (1994), at 63)), we preliminarily 
determined that although dumping was eliminated by Norsk Hydro Canada 
Inc. (``NHCI'')(the only respondent participating in this sunset 
review) export volumes by NHCI have declined significantly since the 
issuance of the order.\1\ As a result, we determined that Canadian 
imports of pure magnesium would likely continue or recur if the order 
were revoked at the weighted-average dumping margin assessed in the 
original investigation.
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    \1\ On August 4, 1999, the Government of Quebec (``GOQ'') 
entered an appearance in this sunset review as an interested party 
in accordance with 19 CFR 351.102(b). The GOQ also submitted 
application for access to business proprietary information under an 
administrative protection order and, pursuant to 19 CFR 351.305(b), 
the appropriate certification. However, the GOQ did not file any 
written comments.
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    On April 19, 2000, we received a case brief on behalf of NHCI.\2\ 
On April 20, 2000, we received rebuttal comments from Magnesium 
Corporation of America (``Magcorp'') in response to NHCI's case brief.
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    \2\ On April 10, 2000, NHCI submitted its case brief in response 
to the Department's preliminary determination. However, because 
NHCI's case brief contained new factual information, the Department 
removed NHCI's case brief from the record. The Department granted 
NHCI until close of business day (``COB''), Wednesday, April 19, 
2000, to amend and re-file its case brief. Therefore, the new date 
for the filing of rebuttal briefs was COB, Thursday, April 20, 2000.
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Scope of Review

    The merchandise subject to this antidumping duty order is pure 
magnesium from Canada. Pure magnesium is currently classifiable under 
item number 8104.11.0000 of the Harmonized Tariff Schedule of the 
United States (``HTSUS''). 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 of this review. Although the HTSUS subheading is provided for 
convenience and customs purposes, the written description remains 
dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this sunset review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Jeffrey A. May, Director, Office 
of Policy, Import Administration, to Troy H. Cribb, Acting Assistant 
Secretary for Import Administration, dated June 27, 2000, which is 
hereby adopted and incorporated by reference into this notice. The 
issues discussed in the attached Decision Memo include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margin likely to prevail were the order revoked. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room B-099, of the main Commerce 
Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at www.ita.doc.gov/import_admin/records/frn/, under the heading ``Canada.'' The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on pure 
magnesium from Canada would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average margins:

 
------------------------------------------------------------------------
                                                                 Margin
                    Manufacturer/Exporter                      (percent)
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Norsk Hydro Canada Inc.......................................      21.00
Timminco Limited.............................................        (<SUP>1</SUP>)
All Others...................................................     21.00
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<SUP>1</SUP> Excluded.

    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act. This notice serves 
as the only 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 of the Department's regulations. Timely notification of return/
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations

[[Page 41437]]

and the terms of an APO is a sanctionable violation.

    Dated: June 27, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-16946 Filed 7-3-00; 8:45 am]
BILLING CODE 3510-DS-P