Certain Iron Construction Castings from Brazil; Five-year (“Sunset”) Review of Countervailing Duty Order; Final Results, 24529-24530 [E5-2294]

Download as PDF Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices (collectively ‘‘the domestic interested parties’’) within the deadline specified in section 351.218(d)(1)(i) of the Department’s Regulations (‘‘Sunset Regulations’’). The domestic interested parties claimed interested party status under sections 771(9)(C) and (D) of the Act, as domestic manufacturers of urea or a coalition whose members are engaged in the production of urea in the United States. The Department received a complete substantive response collectively from the domestic interested parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received inadequate substantive responses from the respondent parties.1 As a result, pursuant to section 751(c)(5)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted an expedited sunset review of this order. Scope of the Order Merchandise covered by this order is solid urea, a high–nitrogen content fertilizer which is produced by reacting ammonia with carbon dioxide. The product is currently classifiable under the Harmonized Tariff Schedules of the United States Annotated (‘‘HTS’’) item 3102.10.00.00. During previous reviews such merchandise was classified under item number 480.3000 of the Tariff Schedules of the United States. The HTS item number is provided for convenience and customs purposes. The written description remains dispositive as the scope of the product coverage. Analysis of Comments Received All issues raised in this review are addressed in the Decision Memorandum accompanying this notice. The issues discussed in the Decision Memorandum include the likelihood of continuation or recurrence of dumping and the margins likely to prevail were the order revoked. 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, room B–099, of the main Commerce building. In addition, a complete version of the Decision Memorandum can be accessed directly on the Web at https:// 1 On December 10, 2004, both respondent and domestic interested parties filed comments on the Department’s adequacy determination in this sunset review. The Department’s consideration of these comments are addressed in the Issues and Decision Memorandum (‘‘Decision Memorandum’’) from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated May 2, 2005, which is hereby adopted by this notice. VerDate jul<14>2003 16:17 May 09, 2005 Jkt 205001 ia.ita.doc.gov/frn, under the heading ‘‘May 2005.’’ The paper copy and electronic version of the Decision Memorandum are identical in content. 24529 respondent interested parties, the Department conduced an expedited sunset review. As a result of this review, the Department finds that revocation of the countervailing duty order would Final Results of Review likely lead to continuation or recurrence We determine that revocation of the of countervailable subsidies at the levels antidumping duty order on solid urea listed below in the section entitled from the Russian Federation would be ‘‘Final Results of Review’’. likely to lead to continuation or EFFECTIVE DATE: May 10, 2005. recurrence of dumping at the rate listed FOR FURTHER INFORMATION CONTACT: below: Martha V. Douthit, Office of Policy, Import Administration, International Producers/Exporters Margin (percent) Trade Administration, U.S. Department of Commerce, 14th Street and Phillip Brothers, Ltd./ Phillip Brothers, Inc. .. 53.23 Constitution Avenue, NW., Washington, All Others ...................... 68.26 DC, 20230; telephone: (202) 482–5050. SUPPLEMENTARY INFORMATION: Notification regarding Administrative Background Protective Order: On October 1, 2004, the Department This notice also serves as the only initiated a sunset review of the reminder to parties subject to countervailing duty order on iron administrative protective order (‘‘APO’’) castings from Brazil pursuant to section of their responsibility concerning the 751(c) of the Tariff Act of 1930, as return or destruction of proprietary amended (‘‘the Act’’).1 The Department information disclosed under APO in received a Notice of Intent to Participate accordance with 19 CFR 351.305 of the on behalf of Deeter Foundry, Inc., East Department’s regulations. Timely Jordan Iron Works, Inc., LeBaron notification of the return or destruction Foundry, Inc., Leed Foundry, Inc., of APO materials or conversion to Municipal Castings, Inc., Neenah judicial protective order is hereby Foundry Company, Tyler Pipe requested. Failure to comply with the Company, and U.S. Foundry & regulations and terms of an APO is a Manufacturing Co. (collectively, violation which is subject to sanction. ‘‘domestic interested parties’’), within We are publishing this notice in the deadline specified in section accordance with sections 751(c), 752, 351.218(d)(1)(i) of the Department’s and 777(i)(1) of the Act. regulations. Domestic interested parties Dated: May 2, 2005. claimed interested party status under Joseph A. Spetrini, section 771(9)(C) of the Act as U.S. producers of the subject merchandise. Acting Assistant Secretary for Import Administration. We received a complete response from the domestic interested parties [FR Doc. E5–2289 Filed 5–9–05; 8:45 am] within the deadline specified in the BILLING CODE 3510–DS–S Department’s regulations under section 351.218(d)(3)(i). However, we did not receive responses from any respondent DEPARTMENT OF COMMERCE interested parties as required in section International Trade Administration 351.218(d)(3)(i) of the Departments regulations. As a result of receiving no (C–351–504) responses from respondent interested parties, the Department conducted an Certain Iron Construction Castings expedited sunset review pursuant to from Brazil; Five-year (‘‘Sunset’’) section 751(c)(3)(B) of the Act and Review of Countervailing Duty Order; section 351.218(e)(1)(ii)(C)(2) of the Final Results Department’s regulations. AGENCY: Import Administration, Scope of the Order International Trade Administration, Department of Commerce. The merchandise covered by the SUMMARY: Summary: On October 1, countervailing duty order consists of 2004, the Department of Commerce certain heavy iron construction castings (‘‘the Department’’) initiated a sunset from Brazil, limited to manhole covers, review of the countervailing duty order rings, and frames, catch basin grates and on certain iron construction castings frames, cleanout covers and frames used (‘‘iron castings’’) from Brazil. On the for drainage or access purposes for basis of the notice of intent to public utility, water and sanitary participate, and no substantive response filed on behalf of the domestic 1 See Initiation of Five-Year (‘‘Sunset’’) Reviews, interested parties and no response from 69 FR 58890 (October 1, 2004.) PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\10MYN1.SGM 10MYN1 24530 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices systems, classifiable as heavy castings under Harmonized Tariff Schedule (‘‘HTS’’) item number 7325.10.0010. The HTS item numbers are provided for convenience and customs purposes only. The written description remains dispositive. Analysis of Comments Received Final Results of Review We determine that revocation of the countervailing duty order on iron castings from Brazil would likely lead to continuation or recurrence of countervailable subsidies at the following percentage weighted–average percentage margins: Weighted–Average Margin (Percent) Country–wide rate ........ 1.06 This notice also serves as the only reminder to parties subject to administrative protective orders (‘‘APO’’) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305 of the Department’s regulations. Timely notification of the return or 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. We are issuing and publishing the results and notice in accordance with sections 751(c), 752, and 777(i)(1) of the Act. VerDate jul<14>2003 16:17 May 09, 2005 Jkt 205001 BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE All issues raised in this case are addressed in the ‘‘Issues and Decision Memorandum’’ (‘‘Decision Memo’’) from Ronald K. Lorentzen, Acting Director, Office of Policy, Import Administration, to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, dated May 2, 2005, which is hereby adopted by this notice. The issues discussed in the Decision Memo include the likelihood of continuation or recurrence of dumping and the magnitude of the margin likely to prevail if the order were revoked. Parties can find a complete discussion of all issues raised in this sunset review and the corresponding recommendations in this public memo, which is on file in room B–099 of the main Department Building. In addition, a complete version of the Decision Memo can be accessed directly on the Web at https://ia.ita.doc.gov, under the heading ‘‘May 2005.’’ The paper copy and electronic version of the Decision Memo are identical in content. Manufacturers/Exporters/Producers Dated: May 2, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2294 Filed 5–9–05; 8:45 am] International Trade Administration C–122–815 Pure Magnesium and Alloy Magnesium from Canada: Preliminary Results of Countervailing Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce is conducting administrative reviews of the countervailing duty orders on pure magnesium and alloy magnesium from Canada for the period January 1, 2003, through December 31, 2003. We preliminarily find that certain producers/exporters have received countervailable subsidies during the period of review. If the final results remain the same as these preliminary results, we will instruct U.S. Customs and Border Protection to assess countervailing duties as detailed in the ‘‘Preliminary Results of Reviews’’ section of this notice. Interested parties are invited to comment on these preliminary results (see the ‘‘Public Comment’’ section of this notice). EFFECTIVE DATE: May 10, 2005. FOR FURTHER INFORMATION CONTACT: Andrew McAllister, 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) 482–1174. SUPPLEMENTARY INFORMATION: AGENCY: Case History On August 31, 1992, the Department of Commerce (‘‘the Department’’) published in the Federal Register the countervailing duty orders on pure magnesium and alloy magnesium from Canada (see Final Affirmative Countervailing Duty Determinations: Pure Magnesium and Alloy Magnesium from Canada, 57 FR 39392 (‘‘Magnesium Investigation’’)). On August 3, 2004, the Department published a notice of ‘‘Opportunity to Request Administrative Review’’ of these countervailing duty orders (see Antidumping or Countervailing Duty Order, Finding, or Suspended PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 Investigation; Opportunity to Request Administrative Review, 69 FR 46496). We received timely requests for review from Norsk Hydro Canada, Inc. (‘‘NHCI’’) and from the petitioner, U.S. Magnesium, LLC for reviews of NHCI and Magnola Metallurgy, Inc. (‘‘Magnola’’). On September 1, 2004, we received a request for review from Magnola. On September 7, 2004, we asked Magnola to explain the circumstances which led to its late filing. On September 10, 2004, Magnola responded to the Department’s request and explained its circumstances. On September 16, 2004, the Department rejected Magnola’s September 1, 2004, request for review, but the review with respect to Magnola continued based on the request of the petitioner. On September 22, 2004, we initiated these reviews covering shipments of subject merchandise from NHCI and Magnola (see Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 69 FR 56745). On October 6, 2004, we issued countervailing duty questionnaires to NHCI, Magnola, the Government of ´ Quebec (‘‘GOQ’’), and the Government of Canada (‘‘GOC’’). We received questionnaire responses from GOQ on November 8, 2004, from GOC and Magnola on November 12, 2004, and from NHCI on December 22, 2004. Scope of the Orders The products covered by these orders are shipments of 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 subject to the orders is 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). E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 70, Number 89 (Tuesday, May 10, 2005)]
[Notices]
[Pages 24529-24530]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2294]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(C-351-504)


Certain Iron Construction Castings from Brazil; Five-year 
(``Sunset'') Review of Countervailing Duty Order; Final Results

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: Summary: On October 1, 2004, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing duty 
order on certain iron construction castings (``iron castings'') from 
Brazil. On the basis of the notice of intent to participate, and no 
substantive response filed on behalf of the domestic interested parties 
and no response from respondent interested parties, the Department 
conduced an expedited sunset review. As a result of this review, the 
Department finds that revocation of the countervailing duty order would 
likely lead to continuation or recurrence of countervailable subsidies 
at the levels listed below in the section entitled ``Final Results of 
Review''.

EFFECTIVE DATE: May 10, 2005.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit, Office of Policy, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC, 20230; telephone: (202) 482-5050.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2004, the Department initiated a sunset review of the 
countervailing duty order on iron castings from Brazil pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act'').\1\ 
The Department received a Notice of Intent to Participate on behalf of 
Deeter Foundry, Inc., East Jordan Iron Works, Inc., LeBaron Foundry, 
Inc., Leed Foundry, Inc., Municipal Castings, Inc., Neenah Foundry 
Company, Tyler Pipe Company, and U.S. Foundry & Manufacturing Co. 
(collectively, ``domestic interested parties''), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
Domestic interested parties claimed interested party status under 
section 771(9)(C) of the Act as U.S. producers of the subject 
merchandise.
---------------------------------------------------------------------------

    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 69 FR 
58890 (October 1, 2004.)
---------------------------------------------------------------------------

    We received a complete response from the domestic interested 
parties within the deadline specified in the Department's regulations 
under section 351.218(d)(3)(i). However, we did not receive responses 
from any respondent interested parties as required in section 
351.218(d)(3)(i) of the Departments regulations. As a result of 
receiving no responses from respondent interested parties, the 
Department conducted an expedited sunset review pursuant to section 
751(c)(3)(B) of the Act and section 351.218(e)(1)(ii)(C)(2) of the 
Department's regulations.

Scope of the Order

    The merchandise covered by the countervailing duty order consists 
of certain heavy iron construction castings from Brazil, limited to 
manhole covers, rings, and frames, catch basin grates and frames, 
cleanout covers and frames used for drainage or access purposes for 
public utility, water and sanitary

[[Page 24530]]

systems, classifiable as heavy castings under Harmonized Tariff 
Schedule (``HTS'') item number 7325.10.0010. The HTS item numbers are 
provided for convenience and customs purposes only. The written 
description remains dispositive.

Analysis of Comments Received

    All issues raised in this case are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memo'') from Ronald K. Lorentzen, 
Acting Director, Office of Policy, Import Administration, to Joseph A. 
Spetrini, Acting Assistant Secretary for Import Administration, dated 
May 2, 2005, which is hereby adopted by this notice. The issues 
discussed in the Decision Memo include the likelihood of continuation 
or recurrence of dumping and the magnitude of the margin likely to 
prevail if the order were revoked. Parties can find a complete 
discussion of all issues raised in this sunset review and the 
corresponding recommendations in this public memo, which is on file in 
room B-099 of the main Department Building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at https://ia.ita.doc.gov, under the 
heading ``May 2005.'' The paper copy and electronic version of the 
Decision Memo are identical in content.

Final Results of Review

    We determine that revocation of the countervailing duty order on 
iron castings from Brazil would likely lead to continuation or 
recurrence of countervailable subsidies at the following percentage 
weighted-average percentage margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
------------------------------------------------------------------------
Country-wide rate...................................                1.06
------------------------------------------------------------------------

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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.
    We are issuing and publishing the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: May 2, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2294 Filed 5-9-05; 8:45 am]
BILLING CODE 3510-DS-S
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