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.

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