Pure Magnesium from the People's Republic of China (PRC): Initiation of New Shipper Antidumping Duty Administrative Review

SUMMARY: The Department of Commerce (the Department) has received a

request to conduct a new shipper administrative review of the

antidumping duty order on pure magnesium from the PRC. In accordance

with 19 CFR 353.22(h), we are initiating this administrative review.

EFFECTIVE DATE: December 31, 1996.

FOR FURTHER INFORMATION CONTACT: Everett Kelly or Dorothy Tomaszewski,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, N.W.,

Washington, D.C. 20230; telephone (202) 482-4194 or 482-0631,

respectively.

Applicable Statute and Regulations

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. 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).

SUPPLEMENTARY INFORMATION:

Background

The Department has received a timely request from Taiyuan Heavy

Machinery Import and Export Corporation (Taiyuan), in accordance with

interim regulation 19 CFR 353.22(h) (1995), for a new shipper review of

the antidumping duty order on pure magnesium from the PRC which has a

May anniversary date. Taiyuan has certified that it did not export pure

magnesium to the U.S. during the period of investigation (POI), and

that it is not affiliated with any exporter or producer which did

export pure magnesium during the POI. This certification is in

accordance with section 751(a)(2)(B)) of the Tariff Act of 1930 as

amended, and the Department's interim regulations, 19 CFR 353.22(h).

Therefore, we are initiating the new shipper review as requested.

However, it is the Department's usual practice with non-market

economies to require information regarding de Jure and de facto

government control over a company's export activities to establish its

eligibility for an antidumping duty rate separate from the country-wide

rate. Accordingly we will issue a separate rates questionnaire to

Taiyuan and seek additional information from the PRC government (as

appropriate), allowing 30 days for response. If the responses from

Taiyuan and the PRC government indicate adequately that Taiyuan is not

subject to either de Jure or de facto government control with respect

to its exports of pure magnesium, the review will proceed. If, on the

other hand, Taiyuan does not demonstrate its eligibility for a separate

rate, Taiyuan will be deemed to be affiliated with other companies that

exported during the POI that did not establish their entitlement to a

separate rate, and the review will be terminated.

Initiation of Review

In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR

353.22(h)(6), we are initiating a new shipper review of the antidumping

duty order on pure magnesium from the PRC. We intend to issue the final

results of review not later than 270 days from the date of publication

of this notice.

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

Antidumping Duty Proceeding Period to be Reviewed

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

PRC: Pure Magnesium, A-570-832:

Taiyuan Heavy Machinery Import and Export.. 05/01/96-10/31/96

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

Upon an affirmative separate rates determination, we will instruct

the U.S. Customs Service to allow, at the option of the importer, the

posting, until the completion of the review, of a bond or security in

lieu of a cash deposit for each entry of the merchandise exported by

the above listed companies, in accordance with 19 CFR 353.22(h)(4).

Interested parties must submit applications for disclosure under

administrative protective orders in accordance with 19 CFR 353.34(b).

This initiation and this notice are in accordance with section

751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 353.22(h).

Dated: December 20, 1996.

Jeffrey P. Bialos,

Principal Deputy Assistant Secretary, Import Administration.

[FR Doc. 96-33174 Filed 12-30-96; 8:45 am]

BILLING CODE 3510-DS-M