[Federal Register Volume 60, Number 128 (Wednesday, July 5, 1995)]
[Notices]
[Pages 34967-34968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16465]
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DEPARTMENT OF COMMERCE
International Trade Administration
[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: The Department of Commerce (the Department) has conducted an
administrative review of the antidumping duty order on pure magnesium
from Canada. Interested parties are invited to comment on these
preliminary results.
EFFECTIVE DATE: July 5, 1995.
FOR FURTHER INFORMATION CONTACT: Ron Trentham or Zev Primor, 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-
3931 or 482-4114, respectively.
SUPPLEMENTARY INFORMATION:
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 3, 1994, the Department published a notice of
``Opportunity to Request Administrative Review'' (59 FR 39543). On
August 23, 1994, the petitioner, the Magnesium Corporation
[[Page 34968]]
of America (Magcorp), requested that we conduct an administrative
review of Norsk Hydro Canada Inc. (NHCI), for the period August 1,
1993, through July 31, 1994. On August 31, 1994, NHCI, an interested
party, requested that we conduct an administrative review for the same
period. We published a notice of initiation of the antidumping
administrative review on September 16, 1994.
The Department has now conducted the administrative review in
accordance with section 751 of the Tariff Act of 1930, as amended (the
Tariff Act).
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.
Preliminary Results of Review
The Department has preliminarily determined that the single
manufacturer/exporter subject to review, NHCI, had no shipments of this
merchandise to the United States during the period of review. The
Department will verify this determination. Due to the need to verify
information in the first administrative review, that review has not yet
been completed, and, therefore, the Department has preliminarily
assigned NHCI the cash deposit 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. The rate is 21 percent.
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 not listed above, 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 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 19CFR
353.22.
Dated: June 28, 1995.
Paul L. Joffe,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-16465 Filed 7-3-95; 8:45 am]
BILLING CODE 3510-DS-P