[Federal Register: April 28, 2003 (Volume 68, Number 81)]
[Notices]
[Page 22359-22360]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28ap03-30]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-122-815]
Alloy Magnesium from Canada: Final Results of Countervailing Duty
New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of Final Results of Countervailing Duty New Shipper
Review.
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SUMMARY: On January 28, 2003, the Department published the preliminary
results of this new shipper review of the countervailing duty order on
alloy magnesium from Canada. This new shipper review covers imports of
subject merchandise from Magnola Metallurgy, Inc.
[[Page 22360]]
The period for which we are measuring subsidies, or the period of
review, is from January 1 through December 21, 2001.
We invited interested parties to comment on our preliminary
results. Based on our analysis of the comments received, we have made
no changes to our calculations. Therefore, the final results do not
differ from the preliminary results. The final net subsidy rate for
Magnola is listed in the section entitled ``Final Results of the
Review.''
EFFECTIVE DATE: April 28, 2003.
FOR FURTHER INFORMATION CONTACT: Melanie Brown, Office 1, Group 1,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230, telephone (202) 482-4987.
SUPPLEMENTARY INFORMATION:
Background
Since the publication of the preliminary results of new shipper
review on January 28, 2003, (see Alloy Magnesium from Canada:
Preliminary Results of Countervailing Duty New Shipper Review, 68 FR
4175 (January 28, 2003) (``Preliminary Results'')), the following
events have occurred. On February 27, 2003, we received case briefs
from the Government of Quebec (``GOQ'') and Magnola Metallurgy, Inc.
(``Magnola''), (collectively, ``the respondents''), and U.S. Magnesium,
LLC., the petitioner. The respondents and the petitioner submitted
rebuttal briefs on March 4, 2003.
Scope of the Review
The products covered by this review are shipments of alloy
magnesium from Canada. 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 alloy magnesium subject to review is currently
classifiable under item 8104.19.0000 of the Harmonized Tariff Schedule
of the United States (``HTSUS''). Although the HTSUS subheading is
provided for convenience and customs purposes, the written description
of the merchandise subject to the order is dispositive.
Secondary and granular magnesium are not included in the scope of
this order. 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).
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this review are addressed in the ``Issues and Decision Memorandum''
from Susan H. Kuhbach, Acting Deputy Assistant Secretary, Import
Administration to Joseph A. Spetrini, Acting Assistant Secretary for
Import Administration, dated April 21, 2003 (``Decision Memorandum''),
which is hereby adopted by this notice. Attached to this notice as
Appendix I is a list of the issues which parties have raised and to
which we have responded in the Decision Memorandum. Parties can find a
complete discussion of all issues raised in this review and the
corresponding recommendations in this public memorandum which is on
file in the Central Records Unit (``CRU'') in Room B-099 of the main
Commerce building. In addition, a complete version of the Decision
Memorandum can be accessed directly on the Internet at http://ia.ita.doc.gov/frn/
under the heading ``Canada.'' The paper copy and
electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
We have made no changes to our preliminary findings as a result of
either our analysis of the comments received or of any new information
or evidence of changed circumstances. Therefore, the final results do
not differ from the preliminary results of this review.
Final Results of Review
In accordance with 19 CFR 351.221(b)(5)(i), we calculated a subsidy
rate for Magnola, the sole producer/exporter subject to this new
shipper review. For the period January 1, 2001, through December 31,
2001, we determine the net subsidy rate for Magnola as stated below.
Net Subsidy Rate
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Manufacturer/Exporter Percent
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Magnola Metallurgy, Inc................................. 7.00 percent
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We will disclose our calculations to the interested parties in
accordance with section 351.224(b) of the regulations.
Assessment Rates
The Department will issue appropriate assessment instructions
directly to the Customs Service within 15 days of publication of these
final results. For the period January 1, 2001, through December 31,
2001, the assessment rates applicable to all non-reviewed companies are
the cash deposit rates in effect at the time of entry.
Cash Deposit Requirements
The Department also intends to instruct Customs to collect cash
deposits of estimated countervailing duties at the rate of 7.00 percent
on the f.o.b. value of all shipments of the subject merchandise from
Magnola entered, or withdrawn from warehouse, for consumption on or
after the date of publication of these final results.
The cash deposit rate that will be applied to non-reviewed
companies covered by these orders is that established in Pure and Alloy
Magnesium From Canada; Final Results of the Second (1993)
Countervailing Duty Administrative Reviews, 62 FR 48607 (September 16,
1997) or the company-specific rate published in the most recent final
results of an administrative review in which a company participated.
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.
We are issuing and publishing this administrative review and notice
in accordance sections 751(a)(2)(B) and 777(i) of the Act.
Dated: April 21, 2003.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX I
List of Comments and Issues in the Decision Memorandum
Comment 1: Emploi-Qu[eacute]bec Manpower Training Program is an export
subsidy
Comment 2: The Manpower Training Program is not countervailable
Comment 3: Magnola Metallurgy's company specific Average Useful Life
(``AUL'')
Comment 4: Magnola Metallurgy's discount rate
[FR Doc. 03-10369 Filed 4-25-03; 8:45 am]