[Federal Register Volume 61, Number 156 (Monday, August 12, 1996)]
[Notices]
[Pages 41771-41773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20500]
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DEPARTMENT OF COMMERCE
[A-122-814]
Pure Magnesium From Canada; Final Results of Antidumping Duty
Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
[[Page 41772]]
ACTION: Notice of Final Results of Antidumping Duty Administrative
Review.
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SUMMARY: On June 10, 1996, the Department of Commerce (the Department)
published the preliminary results of administrative review of the
antidumping duty order on pure magnesium from Canada (61 FR 29343). 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 gave interested parties an opportunity to comment on our preliminary
results. Based on our analysis of the comments and rebuttal comments
received, we have corrected certain clerical errors in the margin
calculations. The final weighted-average dumping margin for the
reviewed firm is listed below in the section entitled ``Final Results
of the Review.''
EFFECTIVE DATE: August 12, 1996.
FOR FURTHER INFORMATION CONTACT: Michael Rausher or Richard Rimlinger,
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 June 10, 1996, the Department published the preliminary results
of administrative review of the antidumping duty order on pure
magnesium from Canada (61 FR 29343). We gave interested parties an
opportunity to comment on the preliminary results. There was no request
for a hearing. The Department has now conducted this 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 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, Norsk Hydro
Canada Inc. (NHCI), and the period August 1, 1994 through July 31,
1995.
Analysis of Comments Received
We gave interested parties an opportunity to comment on the
preliminary results. We received a case brief from the petitioner,
Magnesium Corporation of America (Magcorp), and we received a case
brief and rebuttal brief from the respondent, NHCI.
Comment 1: NHCI argues that the Department's methodology in
deducting from NHCI's gross unit price the amounts reported for
antidumping and countervailing duty cash deposits is contrary to the
antidumping statute and the Department's consistent practice which has
been upheld by the Court of International Trade. Respondent claims that
only ordinary ad valorem import duties, not antidumping and
countervailing duty cash deposits, should be deducted from the gross
unit price in calculating export price and requests that the Department
amend its calculations accordingly.
Department's Position: We agree with NHCI that we incorrectly
deducted antidumping and countervailing duty cash deposits from the
gross unit price of the U.S. transactions. For these final results, we
have deducted only import duties from the gross unit price.
Comment 2: Magcorp claims that the Department appears to have made
a clerical error in the margin calculations with respect to currency
conversion. Petitioner argues that a currency conversion is not
necessary in the calculation of home market price, because there are
several instances in the respondent's questionnaire response which
indicate that a currency conversion is not necessary in order to
calculate the dumping margin. Therefore, petitioner requests that the
Department correct its calculations for the final results of review.
NHCI agrees with Magcorp that the Department's margin calculations
contain a currency conversion clerical error.
Department's Position: For these final results, we converted into
U.S. dollars only those home market price and expense amounts that NHCI
reported in Canadian dollars.
Final Results of the Review
As a result of this review, we determine that the following
weighted-average dumping margin exists:
------------------------------------------------------------------------
Margin
Manufacturer/exporter Period (percent)
------------------------------------------------------------------------
Norsk Hydro Canada, Inc.................... 8/1/94-7/31/95 0.00
------------------------------------------------------------------------
The Department shall determine, and Customs shall assess,
antidumping duties on all appropriate entries. The Department will
issue appraisement instructions directly to Customs.
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 these
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 above; (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 these final results of 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.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
This notice also serves as final 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
[[Page 41773]]
occurred and the subsequent assessment of double antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective order (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 353.34(d). Failure to
comply is a violation of the APO.
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: August 2, 1996.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 96-20500 Filed 8-09-96; 8:45 am]
BILLING CODE 3510-DS-P
