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

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

------------------------------------------------------------------------

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