Countervailing duties: Canada,
[Federal Register: September 10, 2001 (Volume 66, Number 175)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF COMMERCE
International Trade Administration
Pure Magnesium and Alloy Magnesium From Canada: Final Results of Countervailing Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration, Department of Commerce.
ACTION: Notice of final results of countervailing duty administrative reviews.
SUMMARY: On May 9, 2001, the Department of Commerce published in the Federal Register the preliminary results of the administrative reviews of the countervailing duty orders on pure magnesium and alloy magnesium from Canada for the period January 1, 1999 through December 31, 1999. We received no comments on the preliminary results of these reviews. The Department has now completed these reviews in accordance with section 751(a) of the Act. The final results do not differ from the preliminary results of these reviews. For information on the net subsidy rate of the reviewed company, as well as for all non-reviewed companies, see the Final Results of Reviews section of this notice. We will instruct the Customs Service to assess countervailing duties accordingly.
EFFECTIVE DATE: September 10, 2001.
FOR FURTHER INFORMATION CONTACT: Sally Hastings or Craig Matney, AD/CVD Enforcement, Office 1, Group I, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-3464 or (202) 482-1778, respectively.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the statute are references to the provisions of section 751(a) of the Tariff Act of 1930, as amended by the Uruguay Round Agreements Act (``URAA''), effective January 1, 1995 (``the Act''). In addition, unless otherwise indicated, all citations to the Department of Commerce's (``the Department's'') regulations are to 19 CFR Part 351 (2000).
On August 31, 1992, the Department published in the Federal Register the countervailing duty orders on pure magnesium and alloy magnesium from
Canada (57 FR 39392). The Department published the preliminary results of these administrative reviews on May 9, 2001 (see Pure Magnesium and Alloy Magnesium From Canada: Preliminary Results of Countervailing Duty Administrative Reviews, 66 FR 23669 (May 9, 2001)) (``Preliminary Results'').
In accordance with 19 CFR 351.213(b), the reviews of these orders cover those producers or exporters of the subject merchandise for which these reviews were specifically requested. Accordingly, these reviews cover only Norsk Hydro Canada, Inc. (``NHCI''), the sole producer or exporter of the subject merchandise for which a review was requested. The petitioner in these reviews is the Magnesium Corporation of America.
In the preliminary results of these reviews, the Department invited interested parties to comment on the results (see Preliminary Results). However, we received no comments. The Department did not conduct a hearing for these reviews because none was requested. The Department has now completed these reviews in accordance with section 751 of the Act.
Scope of the Orders
The products covered by these orders are pure and alloy magnesium from Canada. Pure magnesium contains at least 99.8 percent magnesium by weight and is sold in various slab and ingot forms and sizes. Magnesium alloys contain less than 99.8 percent magnesium by weight with magnesium being the largest metallic element in the alloy by weight, and are sold in various ingot and billet forms and sizes.
The pure and alloy magnesium are currently classifiable under items 8104.11.0000 and 8104.19.0000, respectively, of the Harmonized Tariff Schedule of the United States (``HTSUS''). Although the HTSUS subheadings are provided for convenience and customs purposes, the written descriptions of the merchandise subject to the orders are dispositive.
Secondary and granular magnesium are not included in the scope of these orders. Our reasons for excluding granular magnesium are summarized in Preliminary Determination of Sales at Less Than Fair Value: Pure and Alloy Magnesium From Canada, 57 FR 6094 (February 20, 1992).
Period of Review
The period of review for which we are measuring subsidies is from January 1, 1999 through December 31, 1999.
Final Results of Reviews
We have determined that no changes to our analysis are warranted for purposes of these final results. Therefore, in accordance with 19 CFR 351.221(b)(4)(i), we calculated an individual subsidy rate for each producer/exporter subject to these reviews. We will instruct the Customs Service (``Customs'') to assess countervailing duties as indicated below on all appropriate entries. For the period January 1, 1999 through December 31, 1999, we determine the net subsidy rate for the reviewed company to be as follows:
Net Subsidy Rate
Norsk Hydro Canada, Inc...................................... 1.21
The Department will also instruct Customs to collect cash deposits of estimated countervailing duties in the percentage detailed above on the f.o.b. invoice price on all shipments of the subject merchandise from NHCI entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of these reviews.
Because the URAA replaced the general rule in favor of a country- wide rate with a general rule in favor of individual rates for investigated and reviewed companies, the procedures for establishing countervailing duty rates, including those for non-reviewed companies, are now essentially the same as those in antidumping cases, except as provided for in section 777A(e)(2)(B) of the Act. The requested review will normally cover only those companies specifically named (see 19 CFR 351.213(b)). Pursuant to 19 CFR 351.212(c), for all companies for which a review was not requested, duties must be assessed at the cash deposit rate, and cash deposits must continue to be collected at the rate previously ordered. As such, the countervailing duty cash deposit rate applicable to a company can no longer change, except pursuant to a request for a review of that company. See Federal-Mogul Corporation and The Torrington Company v. United States, 822 F. Supp. 782 (CIT 1993) and Floral Trade Council v. United States, 822 F. Supp. 766 (CIT 1993). Therefore, the cash deposit rates for all companies except NHCI will be unchanged by the results of these reviews.
Accordingly, we will instruct Customs to continue to collect cash deposits for non-reviewed companies at the most recent company-specific or country-wide rate applicable to the company. Except for Timminco Limited, which was excluded from the orders in the original investigations, these rates were established in the first administrative proceeding conducted under the URAA. See Final Results of the Second Countervailing Duty Administrative Reviews: Pure Magnesium and Alloy Magnesium from Canada, 62 FR 48607 (September 16, 1997).
In addition, for the period January 1, 1999 through December 31, 1999, the assessment rates applicable to all non-reviewed companies covered by these orders are the cash deposit rates in effect at the time of entry, except for Timminco Limited (which was excluded from the orders in the original investigations).
This notice serves as a reminder to parties subject to administrative protective order (``APO'') of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and the terms of an APO is a sanctionable violation.
These administrative reviews and notice are in accordance with sections 751(a)(1) and 777(i) of the Act.
Dated: August 31, 2001. Bernard T. Carreau, Acting Assistant Secretary for Import Administration.
[FR Doc. 01-22653Filed9-7-01; 8:45 am]
BILLING CODE 3510-DS-P