Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices 43513

total amount of antidumping duties

calculated for the examined sales during

the POR to the total quantity of sales

examined during the POR. This method

has been upheld by the courts. (See e.g.,

Antifriction Bearings (Other Than

Tapered Roller Bearings) from France,

Germany, Italy, Japan, Singapore, and

the United Kingdom; Final Results of

Antidumping Duty Administrative

Reviews, 61 FR 2081, 2083 (January 15,

1997); FAG Kugelfischer Georg Schafer

KgaAv. United States, No. 92–07–00487,

1995 Ct. Int’l Trade LEXIS 209, at

CIT*10 (September 14, 1995), aff’d. No.

96–1074 1996 U.S. App. Lexis 11544

(Fed. Cir. May 1996).

The Department will issue

appraisement instructions directly to

the Customs Service. Individual

differences between United States price

and NV may vary from the percentages

stated above. Furthermore, the following

deposit requirements will be effective

upon publication of these final results of

review for all shipments of ferrosilicon

from Brazil entered, or withdrawn from

warehouse, for consumption on or after

the publication date, as provided by

section 751(a)(1) of the Act, and will

remain in effect until publication of the

final results of the next administrative

review: (1) The cash deposit rates for the

reviewed companies will be those rates

listed above except for CBCC, which

had a de minimis margin, and whose

cash deposit rate is therefore zero; (2)

for previously reviewed or investigated

companies not listed above, the cash

deposit rate will continue to be the

company-specific rate published for the

most recent period; (3) if the exporter is

not a firm covered in this review, a prior

review, or the original LTFV

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 review

or in the LTFV investigation conducted

by the Department, the cash deposit rate

will be 91.06 percent, the ‘‘all others’’

rate established in the LTFV

investigation.

This notice serves as a final reminder

to importers of their responsibility

under 19 CFR 353.26 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.

This notice also 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 353.34(d). Timely written

notification of the 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.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Act (19 U.S.C. Sec. 1675(a)(1))

and 19 CFR 353.22.

Dated: August 6, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–21583 Filed 8–13–97; 8:45am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–122–814]

Pure Magnesium From Canada; 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 May 5, 1997, the

Department of Commerce (the

Department) published the preliminary

results of antidumping duty

administrative review of the

antidumping duty order on pure

magnesium from Canada. The review

covers one manufacturer/exporter,

Norsk Hydro Canada Inc. (NHCI), of the

subject merchandise to the United

States for the period August 1, 1995

through July 31, 1996.

We gave interested parties an

opportunity to comment on the

preliminary results of review but

received no comments. Therefore, these

final results of review are the same as

those presented in our preliminary

results. The review indicates the

existence of no dumping margins for

NHCI during this period.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Mark Ross or Richard Rimlinger, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

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

telephone: (202) 482–4733.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Tariff Act), are references

to the provisions effective January 1,

1995, the effective date of the

amendments made to the Tariff Act by

the Uruguay Round Agreements Act.

Background

On August 31, 1992, the Department

published in the Federal Register (57

FR 39399) the antidumping duty order

on pure magnesium from Canada. On

May 5, 1997, the Department published

in the Federal Register the preliminary

results of antidumping duty

administrative review of this

antidumping duty order (62 FR 24417).

The Department has now completed the

administrative review in accordance

with section 751 of the Tariff Act.

Scope of the 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.

The review covers one Canadian

manufacturer/exporter, NHCI, and the

period August 1, 1995 through July 31,

1996.

Final Results of Review

We gave interested parties an

opportunity to comment on the

preliminary results of review but

received no comments. Therefore, these

final results of review are the same as

those presented in our preliminary

results. We have determined that a

margin of zero percent exists for NHCI

for the period August 1, 1995 through

July 31, 1996. The Department will

issue appraisement instructions directly

to the Customs Service upon completion

of this review.

Furthermore, the following deposit

requirements will be effective for all

shipments of the subject merchandise

entered, or withdrawn from warehouse,

for consumption on or after the

publication date of these final results, as

provided for by section 751(a)(1) of the

Tariff Act:
43514 Federal Register / Vol. 62, No. 157 / Thursday, August 14, 1997 / Notices

(1) The cash deposit rate for NHCI

will be zero percent; (2) for

manufacturers or exporters other than

NHCI that were covered in the original

less-than-fair-value investigation or a

previous review, the cash deposit rate

will continue to be the most recent rate

published in the final determination or

final results for which the manufacturer

or exporter received a company-specific

rate; (3) if the exporter is not a firm

covered in this review, a prior review,

or the original less-than-fair-value

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) the cash deposit

rate for all other manufacturers or

exporters will continue to 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 also serves as a final

reminder to importers of their

responsibility under 19 C.F.R. 353.26

(1997) 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.

This notice also 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 C.F.R. 353.34(d) (1997). Timely

written notification of the return/

destruction of APO materials 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.

This administrative review and notice

are in accordance with section 751(a)(1)

of the Tariff Act (19 U.S.C. 1675(a)(1))

and 19 C.F.R. 353.22 (1997).

Dated: August 5, 1997.

Robert S. LaRussa,

Assistant Secretary for Import

Administration.

[FR Doc. 97–21580 Filed 8–13–97; 8:45 am]

BILLING CODE 3510–DS–M

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–601]

Tapered Roller Bearings and Parts

Thereof, Finished and Unfinished,

From the People’s Republic of China:

Initiation of New Shipper Antidumping

Duty Administrative Review

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: The Department of Commerce

has received a request to conduct a new

shipper administrative review of the

antidumping duty order on tapered

roller bearings and parts thereof,

finished and unfinished, from the

People’s Republic of China. In

accordance with 19 CFR 353.22(h), we

are initiating this administrative review.

EFFECTIVE DATE: August 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Jennifer Yeske or Zak Smith, 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 482–1279,

respectively.

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the Tariff Act of 1930, as

amended (the Act), are references to the

provisions effective January 1, 1995, the

effective date of the amendments made

to the Act by the Uruguay Round

Agreements Act. In addition, unless

otherwise indicated, all citations to the

Department’s regulations are to the

‘‘interim’’ regulations published in the

Federal Register, May 11, 1995 (60 FR

25133).

SUPPLEMENTARY INFORMATION:

Background

On May 30, 1997, the Department of

Commerce (‘‘the Department’’) received

a timely request from Changshan

Bearing Factory (‘‘Changshan’’), in

accordance with 19 CFR 353.22(h), for

a new shipper review of the

antidumping duty order on tapered

roller bearings (‘‘TRBs’’) from the

People’s Republic of China (‘‘PRC’’)

which has a June anniversary date.

Changshan has certified that it did not

export tapered roller bearings to the U.S.

during the period of investigation (POI)

and that it is not affiliated with any

exporter or producer which did export

tapered roller bearings during the POI.

This certification is in accordance with

section 751(a)(2)(B)) of the Tariff Act of

1930 as amended, and 19 CFR

353.22(h). In addition, Changshan has

certified that it is not controlled by the

government of the PRC. Therefore, we

are initiating the new shipper review as

requested. It is the Department’s usual

practice with non-market economies to

require information regarding de jure

and de facto government control over a

company’s export activities to establish

its eligibility for an antidumping duty

rate separate from the country-wide rate.

Accordingly we will issue a separate

rates questionnaire to Changshan and

seek additional information from the

PRC government (as appropriate),

allowing 30 days for response. If the

responses from Changshan and the PRC

government indicate adequately that

Changshan is not subject to either de

jure or de facto government control with

respect to its exports of tapered roller

bearings, the review will proceed. If, on

the other hand, Changshan does not

demonstrate its eligibility for a separate

rate, Changshan will be deemed to be

affiliated with other companies that

exported during the POI that did not

establish their entitlement to a separate

rate, and the review will be terminated.

Initiation of Review

In accordance with section

751(a)(2)(B)(ii) of the Act and 19 CFR

353.22(h)(6), we are initiating a new

shipper review of the antidumping duty

order on tapered roller bearings from the

PRC. Changshan has agreed to waive the

time limits of 19 CFR 353.22(h)(7), in

order that the Department may conduct

this review concurrent with the

administrative review of this order for

the period 6/1/96–5/31/97 as requested

pursuant to section 751(a) of the Act.

See, Antidumping Duties,

Countervailing Duties; Final rule, 62 FR

27295, 27395 (5/19/97). Therefore, we

intend to issue the final results of

review not later than 365 days after the

last day of the anniversary month. In

accordance with our practice, all other

provisions of section 353.22(h) will

apply to Changshan throughout the

duration of this new shipper review. See

Id.

Antidumping duty proceedingPeriod to be reviewed

PRC: Tapered Roller

Bearings and Parts

Thereof, Finished

and Unfinished, A–

570–601:

Changshan Bearing

Factory ................. 06/01/96–05/31/97

We will instruct the U.S. Customs

Service to allow, at the option of the

importer, the posting, until the

completion of the review, of a bond or