[Federal Register Volume 61, Number 251 (Monday, December 30, 1996)]
[Notices]
[Pages 68712-68713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33176]
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DEPARTMENT OF COMMERCE
[A-570-832]
Pure Magnesium From the People's Republic of China: Notice of
Initiation of New Shipper Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of initiation of new shipper antidumping duty
administrative review: pure magnesium from the People's Republic of
China.
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SUMMARY: The Department of Commerce (the Department) has received a
request to conduct a new shipper administrative review of the
antidumping duty order on pure magnesium from the People's Republic of
China (PRC), which has a May anniversary date. In accordance with
section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR
353.22(h)(1995) of our Interim Regulations, we are initiating this new
shipper administrative review.
EFFECTIVE DATE: December 30, 1996.
FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Kris Campbell,
Antidumping/Countervailing Duty Enforcement, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, N.W., Washington, D.C. 20230.
Telephone: (202) 482-0410 or 482-4733, respectively.
SUPPLEMENTARY INFORMATION:
Background
The Department has received a timely request from Taiyuan Heavy
Machinery Import and Export Corporation (Taiyuan), in accordance with
section 751(a)(2)(B) of the Tariff Act of 1930, as amended, (the Act)
and 19 CFR 353.22(h) of the Department's Interim Regulations (60 FR
25130, 25134 (May 11, 1995)) (Interim Regulations), for a new shipper
administrative review of the antidumping duty order on pure magnesium
from the PRC (60 FR 25691 (May 12, 1995)). Because the calendar month
in which the anniversary of the date of publication of this order is
May, the semi-annual anniversary months are May and November.
Initiation of New Shipper Administrative Review
In its request, Taiyuan certified that it did not export the
subject merchandise to the United States during the period of
investigation (POI) (April 1, 1993 through March 31, 1994) and that it
is not affiliated with any exporter or producer who exported the
subject merchandise to the United States during the POI. Accompanying
its request, Taiyuan provided certifications which indicate the date
the merchandise was first entered for consumption in the United States,
that it is not affiliated with any other company, and that it did not
under its current or a former name export the subject merchandise to
the United States during the POI. Therefore, in accordance with section
751(a)(2)(B)(i) of the Act and 19 CFR 353.22(h) (1) and (6), we are
initiating a new shipper review of the antidumping duty order on pure
magnesium from the PRC.
Further, in its request Taiyuan certified that its export
activities are not controlled by the government of the PRC
[[Page 68713]]
or any other government entity. However, it is the Department's
practice with non-market economies (NMEs) 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 Taiyuan and seek additional information
from the government of the PRC, as appropriate. If the responses from
Taiyuan and the government of the PRC adequately demonstrate that
Taiyuan is not subject to de jure and de facto government control with
respect to its exports of pure magnesium, the review will proceed. If,
on the other hand, the responses do not demonstrate Taiyuan's
eligibility for a separate rate, Taiyuan will be deemed to be
affiliated with other companies that exported during the POI which did
not establish their entitlement to a separate rate and we will
terminate the new shipper review.
If this review proceeds normally, we will issue the preliminary
results of this review not later than 180 days from the date on which
this review is initiated and the final results within 90 days after
issuance of the preliminary results, unless these time limits are
extended in accordance with section 751(a)(2)(B)(iv) of the Act and
section 353.22(h)(7)(ii) of the Interim Regulations.
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Antidumping duty proceeding Period to be reviewed
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Pure Magnesium: People's Republic of China:
A-570-832; Taiyuan Heavy Machinery Import
and Export Corporation.................... 12/01/95-11/30/96
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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 security in lieu of a cash deposit for each entry of the
merchandise exported by the above listed company, in accordance with
section 751(a)(2)(B)(iii) of the Act and 19 CFR 353.22(h)(4)(1995).
Interested parties must submit applications for disclosure under
administrative protective order in accordance with section 353.34(b) of
the Department's regulations (19 CFR 353.34(b)(1995)).
This initiation and this notice are in accordance with section
751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and section 353.22(h)
of the Interim Regulations.
Dated: December 17, 1996.
Barbara R. Stafford,
Deputy Assistant Secretary, Antidumping/Countervailing Duty
Enforcement.
[FR Doc. 96-33176 Filed 12-27-96; 8:45 am]
BILLING CODE 3510-DS-P
