[Federal Register: August 7, 2003 (Volume 68, Number 152)]
[Notices]
[Page 47031-47032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au03-27]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-814]
Pure Magnesium from Canada; Notice of Final Results of
Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of 2001/2002 administrative review.
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SUMMARY: On April 24, 2003, the Department of Commerce published the
preliminary results of the administrative review of the antidumping
duty order on pure magnesium from Canada. The period of review is
August 1, 2001, through July 31, 2002. This review covers imports of
pure magnesium from one producer/exporter. We provided interested
parties with an opportunity to comment on the preliminary results of
this review, but received no comments.
The final results do not differ from the preliminary results of
this review, in which we found that sales of the subject merchandise
have not been made below normal value. We will instruct the United
States Bureau of Customs and Border Protection not to assess
antidumping duties on the subject merchandise exported by this company.
EFFECTIVE DATE: August 7, 2003.
[[Page 47032]]
FOR FURTHER INFORMATION CONTACT: Scott Holland, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230; telephone:
(202) 482-1279.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the preliminary results of this review
(see Pure Magnesium from Canada; Preliminary Results of Antidumping
Duty Administrative Review and Partial Rescission of Review, 68 FR
20112 (April 24, 2003) (``Preliminary Results'')), the following events
have occurred:
The Department of Commerce (``the Department'') invited interested
parties to comment on the preliminary results of this review. No
comments were received.
Scope of the Order
The product covered by this order 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 classifiable 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 of the scope of the order remains
dispositive.
Period of Review
The period of review (``POR'') is August 1, 2001, through July 31,
2002.
Fair Value Comparisons
To determine whether sales of pure magnesium from Canada to the
United States were made at less than normal value (``NV''), we compared
export price (``EP'') to NV. Our calculations followed the
methodologies described in the Preliminary Results.
Final Results of the Review
As a result of this review, we determine that the following
percentage weighted-average margin exists for the period August 1,
2001, through July 31, 2002:
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Manufacturer/Exporter Margin
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Norsk Hydro Canada Inc.................... 0.01 (de minimis)
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Assessment Rates
The Department shall determine, and the United States Bureau of
Customs and Border Protection (``BCBP'') shall assess, antidumping
duties on all appropriate entries. In accordance with 19 CFR 351.212
(b)(1), we have calculated exporter/importer (or customer)-specific
assessment rates for merchandise subject to this review. To determine
whether the duty assessment rates were de minimis, in accordance with
the requirement set forth in 19 CFR 351.106(c)(2), we calculated
importer (or customer)-specific ad valorem rates by aggregating the
dumping margins calculated for all U.S. sales to that importer (or
customer) and dividing this amount by the total value of the sales to
that importer (or customer). Where an importer (or customer)-specific
ad valorem rate was greater than de minimis, we calculated a per unit
assessment rate by aggregating the dumping margins calculated for all
U.S. sales to that importer (or customer) and dividing this amount by
the total quantity sold to that importer (or customer).
Pending the final disposition of a NAFTA panel appeal by NHCI, the
Department will not order the liquidation of entries of pure magnesium
from Canada exported by NHCI on or after August 1, 2000, at this time.
Liquidation will occur at the rates described in these final results of
review following the final judgement in the NAFTA panel appeals
process.
Cash Deposit Requirements
The following deposit requirements will be effective upon the
publication of this notice of final results of administrative review
for all shipments of pure magnesium from Canada entered, or withdrawn
from warehouse, for consumption on or after the date of publication, as
provided by 751(a)(1) of the Act: (1) For NHCI, which has a de minimis
rate, no antidumping duty deposit will be required; (2) for previously
reviewed or investigated companies not listed above, the cash deposit
rate will continue to be the company-specific rate published for the
most recent period; (3) the cash deposit rate for all other exporters
will continue to be 21.00 percent, the ``all others'' rate made
effective by the less-than-fair-value investigation.
These deposit instructions will remain in effect until publication
of the final results of the next administrative review.
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) 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.
Notification Regarding APOs
This notice also serves as the only reminder to parties subject to
the 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 material or conversion to
judicial protective order is hereby requested. Failure to comply with
the regulation and the terms of an APO is a sanctionable violation.
We are issuing and publishing these results in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: July 30, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Grant Aldonas, Under Secretary.
[FR Doc. 03-20174 Filed 8-6-03; 8:45 am]