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

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