# Pure Magnesium from Canada; Preliminary Results of Antidumping Duty Administrative Review > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A97-11658 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** May 5, 1997 - **Citation:** 62 FR 24417 ## Text DEPARTMENT OF COMMERCE International Trade Administration [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. ----------------------------------------------------------------------- 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, 1995 through July 31, 1996. We have preliminarily determined that U.S. sales have not been made below the normal value (NV). We invite interested parties to comment on these preliminary results. Parties who submit comments 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: May 5, 1997. FOR FURTHER INFORMATION CONTACT: Mark Ross or Richard Rimlinger, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-4733. SUPPLEMENTARY INFORMATION: The Applicable Statute Unless otherwise indicated, all citations to the Tariff Act of 1930, as amended (the Tariff Act), are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff 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). 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 12, 1996, the Department published a notice of ``Opportunity to Request Administrative Review'' of this antidumping duty order for the period of August 1, 1995 through July 31, 1996 (61 FR 41768). We received a timely request for review from the respondent, Norsk Hydro Canada Inc. (NHCI). On September 17, 1996, the Department initiated a review of NHCI (61 FR 48883). 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 number is 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, 1995 through July 31, 1996. Export Price (EP) We calculated an EP for NHCI's U.S. transaction in accordance with section 772(a) of the Tariff 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 and delivered price to the unaffiliated customer in the United States. We made deductions from the gross unit price for freight in accordance with section 772(c)(2)(A) of the Tariff Act. No other adjustment to EP was claimed or allowed. Normal Value (NV) We compared the aggregate quantity of home market and U.S. sales and found the quantity of foreign like product the respondent sold in the exporting country was sufficient to permit a proper comparison with the sale of the subject merchandise to the United States pursuant to section 773(a) of the Tariff Act. Specifically, we found [[Page 24418]] that the company's quantity of sales in its home market was greater than five percent of its sale to the United States. In addition, we did not find any information that a particular market situation in the exporting country does not permit a proper comparison with the sales of the subject merchandise to the United States. Therefore, in accordance with section 773(a)(1)(B)(i) of the Tariff Act, we based NV on the prices at which the foreign like product was first sold for consumption in the home market. Pursuant to section 777A(d)(2) of the Tariff Act, we compared the EP of the individual transaction to the monthly weighted-average price of sales of the foreign like product in the home market. 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 home market, in the usual commercial quantities, 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 Tariff Act. See the April 11, 1997, memorandum from Mark Ross to the File for a detailed description of our level-of-trade analysis for these preliminary results. Where applicable, in accordance with sections 773(a)(6)(B)(ii) and 773(a)(6)(C)(iii) of the Tariff Act, respectively, we deducted movement expenses from home market price and made a circumstance-of-sale adjustment for differences in credit expenses. We made the circumstance-of-sale adjustment to home market price by deducting HM credit expenses and adding U.S. credit expenses. Since the home market price of the foreign like product was reported net of direct taxes (which were not collected on the sale of the subject merchandise), we did not have to adjust the price of the foreign like product pursuant to section 773(a)(6)(B)(iii) of the Tariff Act. We increased home market price by U.S. packing costs in accordance with section 773(a)(6)(A) of the Tariff Act and reduced it by home market packing costs in accordance with section 773(a)(6)(B) of the Tariff Act. No other adjustments were claimed or allowed. Preliminary Results of Review As a result of our review, we preliminarily determine the weighted- average dumping margin (in percent) for the period August 1, 1995, through July 30, 1996 to be as follows: ------------------------------------------------------------------------ Manufacturer/Exporter Margin ------------------------------------------------------------------------ Norsk Hydro Canada, Inc.................................... 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 the date of publication of this notice. A hearing, if requested, will be held 44 days after the date of publication or the first workday thereafter. Issues raised in hearings will be limited to those raised in the respective briefs and rebuttal briefs. Case briefs from interested parties may be submitted not later than 30 days after the date of publication. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than 37 days after the date of publication. Parties who submit briefs or rebuttal briefs 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 this administrative review, including the results of its analysis of issues raised in any such written briefs or at a hearing, within 120 days of publication of these preliminary results. The Department shall determine, and the Customs Service shall assess, antidumping duties on all appropriate entries. 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. The Department will issue appraisement instructions directly to the Customs Service upon completion of this review. 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 by section 751(a)(1) of the Tariff Act: (1) The cash deposit rate for NHCI will be the rate established in the final results of this administrative review; (2) for manufacturers or exporters other than NHCI that were covered in the original less-than-fair-value investigation or a previous review, the cash deposit rate 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, a prior review, or the original less-than-fair-value 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 will continue to 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 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: April 28, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-11658 Filed 5-2-97; 8:45 am] BILLING CODE 3510-DS-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-11658. Public record. Not legal advice.