[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)
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Norsk Hydro Canada, Inc.............. 8/1/94-7/31/95 0.00
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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
