[Federal Register: February 2, 2005 (Volume 70, Number 21)]
[Notices]               
[Page 5416-5417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe05-30]                         

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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-814]

 
Pure Magnesium From Canada: Notice of Rescission of Antidumping 
Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: In response to a request from the petitioner in this 
proceeding, the Department of Commerce (``the Department'') initiated 
an administrative review of the antidumping duty order on pure 
magnesium from Canada. Due to the recent completion of NAFTA panel 
review of the final remand redetermination made by the Department 
concerning the full sunset review of that order, the order was revoked 
effective August 1, 2000. Therefore, we are rescinding the ongoing 
administrative review covering the period August 1, 2003, through July 
31, 2004.

EFFECTIVE DATES: February 2, 2005.

FOR FURTHER INFORMATION CONTACT: Scott Holland, AD/CVD Operations, 
Office 1, 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

    On August 31, 1992, the Department published in the Federal 
Register (57 FR 39390) an antidumping duty order on pure magnesium from 
Canada. On August 3, 2004, the Department published a notice in the 
Federal Register of the opportunity for interested parties to request 
an administrative review of the antidumping duty order on pure 
magnesium from Canada. See Antidumping or Countervailing Duty Order, 
Finding or Suspended Investigation; Opportunity to Request 
Administrative Review, 69 FR 46496 (August 3, 2004). On August 30, 
2004, and in accordance with 19 CFR 351.213(b)(1) of the Department's 
regulations, the Department received a timely request for review of the 
antidumping duty order from U.S. Magnesium LLC, an interested party in 
these proceedings, on imports of pure magnesium from Canada by Norsk 
Hydro Canada Inc., and Magnola Metallurgy Inc. (collectively, ``the 
respondents'').
    We published a notice of initiation of the antidumping duty 
administrative review on September 22, 2004, with respect to the 
respondents in accordance with 19 CFR 351.221(b)(1) of the Department's 
regulations. See Initiation of Antidumping and Countervailing Duty 
Administrative Reviews and Request for Revocation in Part, 69 FR 56745 
(September 22, 2004). The period of review is August 1, 2003, through 
July 31, 2004.
    On November 19, 2004, the NAFTA Secretariat published in the 
Federal Register a notice of completion of panel review of the final 
remand redetermination made by the Department concerning the full 
sunset review of the antidumping duty order on pure magnesium from 
Canada. See North American Free-Trade Agreement, Article 1904 NAFTA 
Panel Reviews; Completion of Panel Review, 69 FR 67703 (November 19, 
2004).
    On December 7, 2004, pursuant to the panel's decision, the 
Department published a notice in the Federal Register of amended final 
results of its full sunset review and revocation of the antidumping 
duty order on pure magnesium from Canada effective August 1, 2000, the 
effective date of the original full sunset review, in accordance with 
516A(g)(5)(C) of the Tariff Act of 1930, as amended, (``the Act''). See 
Pure Magnesium from Canada; Notice of NAFTA Binational Panel's Final 
Decision, Amended Final Results of Full Sunset Review and Revocation of 
Antidumping Duty Order, 69 FR 70649 (December 7, 2004).

Rescission of Antidumping Administrative Review

    As the result of the revocation of the antidumping duty order 
effective August 1, 2000, we are hereby rescinding the instant 
administrative review on pure magnesium from Canada, the only ongoing 
review of this order.

Instructions to U.S. Customs and Border Protection

    Pursuant to sections 751(d)(2) and 751(d)(3) of the Act, and 
351.222 of the Department's regulations, the Department has instructed 
U.S. Customs and Border Protection (``CBP'') to terminate the 
suspension of liquidation and to liquidate, without regard to

[[Page 5417]]

antidumping duties, all unliquidated entries of pure magnesium from 
Canada entered, or withdrawn from warehouse, for consumption on or 
after August 1, 2000, the effective date of the revocation of the 
order. The Department has further instructed CBP to refund with 
interest any estimated duties collected with respect to unliquidated 
entries of pure magnesium entered, or withdrawn from warehouse, for 
consumption on or after August 1, 2000, in accordance with section 778 
of the Act.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i) of the Act, as amended and 19 CFR 351.213(d)(4).

    Dated: January 26, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-1957 Filed 2-1-05; 8:45 am]