Pure Magnesium From Canada, Preliminary Results of Antidumping Duty Administrative Review

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