[Federal Register Volume 61, Number 148 (Wednesday, July 31, 1996)]
[Notices]
[Pages 39947-39948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19471]
-----------------------------------------------------------------------
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.
EFFECTIVE DATE: July 31, 1996.
FOR FURTHER INFORMATION CONTACT: Jennifer Yeske or Carole Showers,
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 482-3217,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On August 3, 1994, the Department published in the Federal Register
a notice of ``Opportunity to Request Administrative Review'' (58 FR
41239) of the antidumping duty order on pure magnesium from Canada (57
FR 39390). Petitioner in this proceeding, Magnesium Corporation of
America, requested an administrative review in accordance with 19 CFR
353.22(a)(1993). On September 30, 1993, the Department published a
notice of initiation of this review (58 FR 51053). The period of review
is February 20, 1992, through July 31, 1993. The Department is now
conducting this review pursuant to section 751 of the Tariff Act of
1930, as amended (the Tariff Act).
Applicable Statute and Regulations
Unless otherwise stated, all citations to the statute and to the
Department's regulations are references to the provisions as they
existed on December 31, 1994.
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 of this review. Pure
magnesium is currently classified under subheading 8104.11.0000 of the
Harmonized Tariff Schedule (``HTS''). HTS item numbers are provided for
convenience and for Customs purposes. The written description remains
dispositive.
The period of review is February 20, 1992, through July 31, 1993.
Preliminary Results of Review
Early in the period of review, NHCI, the single manufacturer/
exporter subject to review, made several shipments of the subject
merchandise to the United States. While this merchandise entered during
the period of review and a portion of the merchandise was subsequently
sold, the Department confirmed at verification that all of the
merchandise which entered was either re-exported without sale or the
sales were cancelled. According to its practice, the Department does
not include cancelled sales transactions in its analysis (see Certain
Small Business Telephone Systems and Subassemblies Thereof from Korea,
58 FR 44501, 44503, August 23, 1993). Therefore, we have preliminarily
determined that there are no appropriate U.S. sales to analyze which
are associated with the entries covered by this review, and hence, no
basis for assessing antidumping duties on those entries (see
Antifriction Bearings (Other Than Tapered Roller Bearings) and Parts
Thereof From the Federal Republic of Germany; Final Results of
Antidumping Duty Administrative Review, 56 FR 31692, 31743, July 11,
1991). Accordingly, we will liquidate these entries without regard to
antidumping duties (see Antifriction Bearings (Other Than Tapered
Roller Bearings) and Parts Thereof From France, Germany, Italy, Japan,
Romania, Singapore, Thailand and the United Kingdom; Preliminary
Results of Administrative Reviews, and Partial Termination of
Administrative Reviews, 61 FR 35713, 35717, July 8, 1996).
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 the
final results of this administrative review, as provided for by section
751(a)(1) of the Tariff Act: (1) The cash deposit rate for the reviewed
firm will be that firm's rate established in the final results of this
administrative review; (2) for previously reviewed or investigated
companies, 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 or the original less-than-fair-
value
[[Page 39948]]
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 not previously reviewed will be 21 percent,
the 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.
These deposit requirements, when imposed, shall remain in effect
until publication of the final results of the next administrative
review.
Interested parties may request disclosure within five days of the
date of publication of this notice and may request a hearing within 10
days of the date of publication. Any hearing, if requested, will be
held as early as convenient for the parties but not later than 44 days
after the date of publication or the first workday thereafter. Case
briefs or other written comments from interested parties may be
submitted not later than 30 days after the date of publication of this
notice. Rebuttal briefs and rebuttal comments, limited to issues raised
in the case briefs, may be filed not later than 37 days after the date
of publication. The Department will publish the final results of this
administrative review, including its results of its analysis of issues
raised in any such written comments.
This notice serves as a preliminary 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 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 CFR
353.22.
Dated: July 24, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-19471 Filed 7-30-96; 8:45 am]
BILLING CODE 3510-DS-P
