Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices 29343

This administrative review and notice

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

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

section 353.22 of the Department’s

regulations.

Dated: June 4, 1996.

Paul L. Joffe,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 96–14607 Filed 6–7–96; 8:45 am]

BILLING CODE 3510–DS–P

[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.

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:

Manufacturer/Exporter Period Margin

(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
29344 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Notices

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

[A–588–046]

Polychloroprene Rubber from Japan;

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 April 5, 1996, the

Department of Commerce (the

Department) published the preliminary

results of administrative review of the

antidumping duty order on

polychloroprene rubber (rubber) from

Japan. The review covers six

manufacturers/exporters of the subject

merchandise to the United States for the

period December 1, 1993, through

November 30, 1994. These

manufacturers/exporters are Denki

Kaguku, K.K. (Denki), Denki/Hoei

Sangyo Co., Ltd. (Denki/Hoei Sangyo),

Mitsui Bussan K.K. (Mitsui Bussan),

Suzugo Corporation (Suzugo), Tosoh

Corporation (Tosoh) (formerly Toyo

Soda), and Tosoh/Hoei Sangyo Co., Ltd.

(Tosoh/Hoei Sangyo).

We gave interested parties an

opportunity to submit oral or written

comments on the preliminary results of

review. We received no comments.

Based on our analysis, these final results

of review are unchanged from those

presented in our preliminary results of

review.

EFFECTIVE DATE: June 10, 1996.

FOR FURTHER INFORMATION CONTACT: Roy

F. Unger, Jr. or Thomas Futtner, Office

of Antidumping Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue, NW., Washington, DC 20230;

telephone (202) 482–0651 or 482–3814.

SUPPLEMENTARY INFORMATION:

Background

On April 5, 1996, the Department

published in the Federal Register (61

FR 15222) the preliminary results of

administrative review of the

antidumping finding on rubber from

Japan. The Department has now

conducted that administrative review in

accordance with section 751 of the

Tariff Act of 1930, as amended (the

Tariff Act).

Applicable Statute and Regulations

Unless otherwise indicated, all

citations to the statute and to the

Department’s regulations refer to the

provisions as they existed on December

31, 1994.

Scope of the Review

Imports covered by the review are

shipments of polychloroprene rubber,

an oil resistant synthetic rubber also

known as polymerized chlorobutadiene

or neoprene, currently classifiable under

items 4002.42.00, 4002.49.00,

4003.00.00, 4462.15.21 and 4462.00.00.

HTS item numbers are provided for

convenience and for Customs purposes.

The written descriptions remain

dispositive.

Final Results of Review

We were unable to locate the

following companies, Denki/Hoei

Sangyo, Suzugo, and Tosoh/Hoei

Sangyo, in spite of requests for

assistance from various sources

including the American Embassy in

Tokyo, the Japanese Embassy in

Washington, D.C., and the U.S. Customs

Service. Therefore, we were unable to

conduct administrative reviews for

these firms, and upon issuance of these

final results we will instruct the U.S.

Customs Service to continue to assess

any entries by these firms at the rate

determined by the last completed

administrative review on November 26,

1984 (49 FR 46454). See Certain Fresh

Cut Flowers from Colombia; Preliminary

Results of Antidumping Duty

Administrative Review, Partial

Termination of Administrative Reviews,

and Notice of Intent to Revoke Order (In

Part) (Flowers from Colombia), 60 FR

30271 (June 8, 1995)).

We gave interested parties an

opportunity to comment on the

preliminary results of review. The

Department received no written