Pure Magnesium From the People's Republic of China: Notice of Initiation of New Shipper Antidumping Duty Administrative Review

DEPARTMENT OF COMMERCE

[A-570-832]

Pure Magnesium From the People's Republic of China: Notice of

Initiation of New Shipper Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

ACTION: Notice of initiation of new shipper antidumping duty

administrative review: pure magnesium from the People's Republic of

China.

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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 People's Republic of

China (PRC), which has a May anniversary date. In accordance with

section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR

353.22(h)(1995) of our Interim Regulations, we are initiating this new

shipper administrative review.

EFFECTIVE DATE: December 30, 1996.

FOR FURTHER INFORMATION CONTACT: Thomas O. Barlow or Kris Campbell,

Antidumping/Countervailing Duty Enforcement, Import Administration,

International Trade Administration, U.S. Department of Commerce, 14th

Street and Constitution Avenue, N.W., Washington, D.C. 20230.

Telephone: (202) 482-0410 or 482-4733, respectively.

SUPPLEMENTARY INFORMATION:

Background

The Department has received a timely request from Taiyuan Heavy

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

section 751(a)(2)(B) of the Tariff Act of 1930, as amended, (the Act)

and 19 CFR 353.22(h) of the Department's Interim Regulations (60 FR

25130, 25134 (May 11, 1995)) (Interim Regulations), for a new shipper

administrative review of the antidumping duty order on pure magnesium

from the PRC (60 FR 25691 (May 12, 1995)). Because the calendar month

in which the anniversary of the date of publication of this order is

May, the semi-annual anniversary months are May and November.

Initiation of New Shipper Administrative Review

In its request, Taiyuan certified that it did not export the

subject merchandise to the United States during the period of

investigation (POI) (April 1, 1993 through March 31, 1994) and that it

is not affiliated with any exporter or producer who exported the

subject merchandise to the United States during the POI. Accompanying

its request, Taiyuan provided certifications which indicate the date

the merchandise was first entered for consumption in the United States,

that it is not affiliated with any other company, and that it did not

under its current or a former name export the subject merchandise to

the United States during the POI. Therefore, in accordance with section

751(a)(2)(B)(i) of the Act and 19 CFR 353.22(h) (1) and (6), we are

initiating a new shipper review of the antidumping duty order on pure

magnesium from the PRC.

Further, in its request Taiyuan certified that its export

activities are not controlled by the government of the PRC

[[Page 68713]]

or any other government entity. However, it is the Department's

practice with non-market economies (NMEs) 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 government of the PRC, as appropriate. If the responses from

Taiyuan and the government of the PRC adequately demonstrate that

Taiyuan is not subject to de jure and de facto government control with

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

on the other hand, the responses do not demonstrate Taiyuan's

eligibility for a separate rate, Taiyuan will be deemed to be

affiliated with other companies that exported during the POI which did

not establish their entitlement to a separate rate and we will

terminate the new shipper review.

If this review proceeds normally, we will issue the preliminary

results of this review not later than 180 days from the date on which

this review is initiated and the final results within 90 days after

issuance of the preliminary results, unless these time limits are

extended in accordance with section 751(a)(2)(B)(iv) of the Act and

section 353.22(h)(7)(ii) of the Interim Regulations.

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Antidumping duty proceeding Period to be reviewed

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Pure Magnesium: People's Republic of China:

A-570-832; Taiyuan Heavy Machinery Import

and Export Corporation.................... 12/01/95-11/30/96

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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 company, in accordance with

section 751(a)(2)(B)(iii) of the Act and 19 CFR 353.22(h)(4)(1995).

Interested parties must submit applications for disclosure under

administrative protective order in accordance with section 353.34(b) of

the Department's regulations (19 CFR 353.34(b)(1995)).

This initiation and this notice are in accordance with section

751(a)(2)(B) of the Act (19 U.S.C. 1675(a)(2)(B)) and section 353.22(h)

of the Interim Regulations.

Dated: December 17, 1996.

Barbara R. Stafford,

Deputy Assistant Secretary, Antidumping/Countervailing Duty

Enforcement.

[FR Doc. 96-33176 Filed 12-27-96; 8:45 am]

BILLING CODE 3510-DS-P