[Federal Register Volume 61, Number 112 (Monday, June 10, 1996)]
[Notices]
[Pages 29343-29344]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14619]



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DEPARTMENT OF COMMERCE
[A-122-814]


Pure Magnesium From Canada; Preliminary Results of Antidumping 
Duty Administrative Review

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

ACTION: Notice of Preliminary Results of Antidumping Duty 
Administrative Review.

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SUMMARY: In response to a request from one respondent, the Department 
of Commerce (the Department) is conducting an administrative review of 
the antidumping duty order on pure magnesium from Canada. The review 
covers one manufacturer/exporter of the subject merchandise to the 
United States for the period August 1, 1994 through July 31, 1995.
    We have preliminarily determined that U.S. sales have not been made 
below the normal value (NV). Interested parties are invited to comment 
on these preliminary results. Parties who submit arguments in this 
proceeding are requested to submit with each argument (1) a statement 
of the issue, and (2) a brief summary of the argument.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: Michael Rausher or Richard Rimlinger, 
Office of Antidumping Compliance, 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 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 (URAA). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the current regulations, as amended by the interim regulations 
published in the Federal Register on May 11, 1995 (60 FR 25130).

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 August 1, 1995, the Department published a notice of 
``Opportunity to Request Administrative Review'' of this antidumping 
duty order for the period of August 1, 1994 through July 31, 1995 (60 
FR 39151). We received a timely request for review from the respondent, 
Norsk Hydro Canada Inc. (NHCI). On September 15, 1995, the Department 
initiated a review of NHCI (60 FR 47930).

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 classified 
under subheading 8104.11.0000 of the Harmonized Tariff Schedule (HTS). 
The HTS item numbers are 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, 1994 through July 31, 1995.

United States Price (USP)

    In calculating USP for NHCI, the Department treated respondent's 
sale as an export price (EP) sale, as defined in section 772(a) of the 
Act, because the subject merchandise was sold to an unaffiliated U.S. 
purchaser prior to the date of importation.
    We calculated EP based on the packed, delivered, duty-paid price to 
the unaffiliated customer in the United States. We made deductions from 
the gross unit price, where appropriate, for freight and U.S. customs 
duty, in accordance with section 772(c)(2)(A) of the Act.
    No other adjustments to USP were claimed or allowed.

Normal Value (NV)

    Based on a comparison of the aggregate quantity of home market and 
U.S. sales, we determined that the quantity of foreign like product 
sold in the exporting country was sufficient to permit a proper 
comparison with the sales of the subject merchandise to the United 
States, pursuant to section 773(a) of the Act. Therefore, in accordance 
with section 773(a)(1)(B)(i) of the Act, we based NV on the prices at 
which the foreign like products were first sold for consumption in the 
exporting country.
    Pursuant to section 777A(d)(2) of the Act, we compared the EP of 
the individual transaction to the monthly weighted-average price of 
sales of the foreign like product. We compared the EP sale to sales in 
the home market of identical merchandise.
    We based NV on the price at which the foreign like product is first 
sold for consumption in the exporting country, in the usual commercial 
quantities and in the ordinary course of trade and at the same level of 
trade as the EP, in accordance with section 773(a)(1)(B)(i) of the Act. 
We made adjustments, where applicable, for freight charges and home 
market credit expenses, in accordance with section 773(a)(6)(B)(ii) of 
the Act. We increased home market price by U.S. packing costs in 
accordance with section 773(a)(6)(A) of the Act and reduced it by home 
market packing costs in accordance with section 773(a)(6)(B) of the 
Act. In accordance with section 773(a)(6)(C) of the Act, we increased 
NV by adding U.S. credit expense. No other adjustments were claimed or 
allowed.

Preliminary Results of the Review

    As a result of this review, we preliminarily determine that the 
following weighted-average dumping margin exists:

------------------------------------------------------------------------
                                                                Margin  
        Manufacturer/Exporter                 Period          (percent) 
------------------------------------------------------------------------
Norsk Hydro Canada, Inc..............        8/1/94-7/31/95         0.00
------------------------------------------------------------------------

    Parties to the proceeding may request disclosure within five days 
of the date of publication of this notice. Any interested party may 
request a hearing within 10 days of publication. Any hearing, if 
requested, will be held 44

[[Page 29344]]

days after the date of publication, or the first workday thereafter. 
Case briefs and/or written comments from interested parties may be 
submitted not later than 30 days after the date of publication. 
Rebuttal briefs and rebuttals to written comments, limited to issues 
raised in the case briefs and comments, may be filed not later than 37 
days after the date of publication. Parties who submit arguments in 
this proceeding are requested to submit with each argument (1) a 
statement of the issue and (2) a brief summary of the argument. The 
Department will issue the final results of the administrative review, 
including the results of its analysis of issues raised in any such 
written comments or at a hearing, within 120 days of issuance of these 
preliminary results.
    The Department shall determine, and Customs shall assess, 
antidumping duties on all appropriate entries. Individual differences 
between USP and NV may vary from the percentage stated above. The 
Department will issue appraisement instructions directly to Customs. 
The final results of this review shall be the basis for the assessment 
of antidumping dumping duties on entries of merchandise covered by the 
determination and for future deposits of estimated duties.
    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 NHCI will be the 
rate established in the final results of administrative review; (2) for 
merchandise exported by manufacturers or exporters not covered in this 
review but covered in the original less than fair value (LTFV) 
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 a company-
specific rate; (3) if the exporter is not a firm covered in this 
review, or the original investigation, but the manufacturer is, the 
cash deposit rate will be that established for the manufacturer of the 
merchandise in the final results of this review or the LTFV 
investigation; and (4) if neither the exporter nor the manufacturer is 
a firm covered in this or any previous review, 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 also 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.
    This administrative review and notice are in accordance with 
section 751(a)(1) of the Act (19 U.S.C. 1675(a)(1)) and 19 CFR 353.22.

    Dated: May 29, 1996.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 96-14619 Filed 6-7-96; 8:45 am]
BILLING CODE 3510-DS-P