Pure Magnesium and Alloy Magnesium From Canada: Final Results of 2003 Countervailing Duty Administrative Reviews, 54367-54368 [E5-5018]

Download as PDF Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices film devices. In addition, the FIB will also be used to characterize a variety of nano-structured materials such as carbon and metal nano-structures used for the development of hydrogen storage systems. Application accepted by Commissioner of Customs: August 16, 2005. Gerald A. Zerdy, Program Manager, Statutory Import Programs Staff. [FR Doc. E5–5014 Filed 9–13–05; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration [C–122–815] Pure Magnesium and Alloy Magnesium From Canada: Final Results of 2003 Countervailing Duty Administrative Reviews Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 10, 2005, 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, 2003, through December 31, 2003. We gave interested parties an opportunity to comment on the preliminary results. Our analysis of the comments received on the preliminary results did not lead to any changes in the net subsidy rates. Therefore, the final results do not differ from the preliminary results. The final net subsidy rates for the reviewed companies are listed below in the section entitled ‘‘Final Results of Reviews.’’ EFFECTIVE DATE: September 14, 2005. FOR FURTHER INFORMATION CONTACT: Andrew McAllister, AD/CVD Operations, Office 1, Import 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 May 10, 2005, the Department of Commerce (‘‘the Department’’) published the preliminary results of these administrative reviews (see Pure Magnesium and Alloy Magnesium From Canada: Preliminary Results of Countervailing Duty Administrative Reviews, 70 FR 24530 (May 10, 2005) (‘‘Preliminary Results’’). Norsk Hydro VerDate Aug<18>2005 16:17 Sep 13, 2005 Jkt 205001 Canada, Inc. (‘‘NHCI’’), Magnola Metallurgy Inc. (‘‘Magnola’’), the ´ Government of Quebec, and the Government of Canada submitted case briefs on June 9, 2005. On June 14, 2005, U.S. Magnesium, LLC (‘‘the petitioner’’) filed a rebuttal brief. 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). Period of Reviews The period for which we are measuring subsidies, or POR, is January 1, 2003, through December 31, 2003. Analysis of Comments Received All issues raised in the case and rebuttal briefs by parties to these administrative reviews are addressed in the September 7, 2005, Issues and Decision Memorandum for the 2003 Countervailing Duty Administrative Reviews of Pure Magnesium and Alloy Magnesium from Canada (‘‘Decision Memorandum’’) to Joseph Spetrini, Acting Assistant Secretary for Import Administration, which is hereby adopted by this notice. Attached to this notice as an appendix 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 these reviews and the corresponding recommendations in this public memorandum, which is on file in the Department’s Central Records Unit, Room B–099 of the main Department building (‘‘CRU’’). In addition, a PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 54367 complete version of the Decision Memorandum can be accessed directly on the Internet at https://ia.ita.doc.gov/ frn/. The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of the record and comments received, we have made no changes to the preliminary results net subsidy rates. Final Results of Reviews In accordance with 19 CFR 351.221(b)(5), we calculated an individual subsidy rate for each producer/exporter subject to these reviews. For the period January 1, 2003, through December 31, 2003, we determine the net subsidy rates for the reviewed companies to be as follows: Manufacturer/exporter Percent Net Subsidy Rate: Pure Magnesium Norsk Hydro Canada, Inc. .............. 1.21 Net Subsidy Rate: Alloy Magnesium Norsk Hydro Canada, Inc. .............. Magnola Metallurgy, Inc. ................ 1.21 5.40 Assessment Rates Pursuant to 19 U.S.C. § 1516a(g)(5)(c)(i), the Department will not order the liquidation of entries of pure magnesium or alloy magnesium from Canada exported by NHCI or Magnola on or after January 1, 2003, through December 31, 2003, pending final disposition of a dispute settlement proceeding under NAFTA (USA–CDA– 00–1904–09 (panel)) with respect to Pure and Alloy Magnesium From Canada; Final Results of Full Sunset Review, 65 FR 41436 (July 5, 2000). Liquidation of NHCI and Magnola entries will occur at the rates described in these final results of reviews, if appropriate, following the final disposition of the previously mentioned NAFTA dispute settlement proceedings. Cash Deposit Instructions The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to collect cash deposits of estimated countervailing duties in the percentages detailed above of the f.o.b. invoice value on all shipments of the subject merchandise from NHCI and Magnola entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of these administrative reviews. We will instruct CBP to continue to collect cash deposits for non-reviewed companies at the most recent company- E:\FR\FM\14SEN1.SGM 14SEN1 54368 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices specific or country-wide rate applicable to the company (except Timminco Limited, which was excluded from the countervailing duty orders on pure magnesium and alloy magnesium from Canada (See Countervailing Duty Orders: Pure Magnesium and Alloy Magnesium from Canada, 57 FR 39392 (August 31, 1992)). Accordingly, the country-wide cash deposit rate that will be applied to non-reviewed companies covered by the 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 companyspecific rate published in the most recent final results of an administrative review in which a company participated. These rates shall apply to all non-reviewed companies until a review of a company assigned these rates is requested. 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 section 751(a)(1) of the Act. Dated: September 7, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. Appendix I Comments in the Issues and Decision Memorandum Comment 1: Issuance of Liquidations Instructions at the Final Results for NHCI Comment 2: NHCI’s Cash Deposit Rate Comment 3: Adjustment of NHCI’s CVD Rate Comment 4: MTM Program Benefits for Magnola Comment 5: Magnola’s Discount Rate [FR Doc. E5–5018 Filed 9–13–05; 8:45 am] BILLING CODE 3510–DS–P VerDate Aug<18>2005 16:17 Sep 13, 2005 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [Docket No. 030602141–5037–15; I.D. 090805D] Availability of Grants Funds for Fiscal Year 2006 National Ocean Service (NOS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; re-opening of competition solicitation. AGENCY: SUMMARY: The National Oceanic and Atmospheric Administration, National Ocean Service publishes this notice to re-open the competitive solicitation for the Coral Reef Ecosystem Studies (CRES) program to provide the public more time to submit proposals DATES: The new deadline for the receipt of proposals is October 12, 2005, for both electronic and paper applications. ADDRESSES: The address for submitting Proposals electronically is: https:// www.grants.gov/. (Electronic submission is strongly encouraged). Paper submissions should be sent to the attention of CRES 2006, Center for Sponsored Coastal Ocean Research (N/ SCI2), National Oceanic and Atmospheric Administration, 1305 EastWest Highway, SSMC4, 8th Floor Station 8243, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: For further information, contact: Dr. Michael Dowgiallo, 301–713–3338 X161, michael.dowgiallo@noaa.gov SUPPLEMENTARY INFORMATION: This program was originally solicited in the Federal Register on June 30, 2005, as part of the June, 2005 NOAA Omnibus solicitation. The original deadline for receipt of proposals was 3 p.m., EST, on September 1, 2005. NOAA re-opens the solicitation period to provide the public more time to submit proposals. The new deadline for the receipt of proposals is October 12, 2005, for both electronic and paper applications. All applications that are submitted between September 1, 2005, and the date of publication of this notice will be considered timely. All other requirements for this solicitation remain the same. Limitation of Liability Funding for programs listed in this notice is contingent upon the availability of Fiscal Year 2006 appropriations. Applicants are hereby given notice that funds have not yet been appropriated for the programs listed in this notice. In no event will NOAA or the Department of Commerce Jkt 205001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 be responsible for proposal preparation costs if these programs fail to receive funding or are cancelled because of other agency priorities. Publication of this announcement does not oblige NOAA to award any specific project or to obligate any available funds. Universal Identifier Applicants should be aware that they are required to provide a Dun and Bradstreet Data Universal Numbering System (DUNS) number during the application process. See 67 FR 66177; October 30, 2002, for additional information. Organizations can receive a DUNS number at no cost by calling the dedicated toll-free DUNS Number request line at 1–866–705–5711 or via the internet (https:// www.dunandbradstreet.com ). National Environmental Policy Act (NEPA) NOAA must analyze the potential environmental impacts, as required by the National Environmental Policy Act (NEPA), for applicant projects or proposals which are seeking NOAA federal funding opportunities. Detailed information on NOAA compliance with NEPA can be found at the following NOAA NEPA website: https:// www.nepa.noaa.gov/, including our NOAA Administrative Order 216–6 for NEPA, https://www.nepa.noaa.gov/ NAO216l6lTOC.pdf, and the Council on Environmental Quality implementation regulations, https:// ceq.eh.doe.gov/nepa/regs/ceq/ toclceq.htm Consequently, as part of an applicant’s package, and under their description of their program activities, applicants are required to provide detailed information on the activities to be conducted, locations, sites, species and habitat to be affected, possible construction activities, and any environmental concerns that may exist (e.g., the use and disposal of hazardous or toxic chemicals, introduction of nonindigenous species, impacts to endangered and threatened species, aquaculture projects, and impacts to coral reef systems). In addition to providing specific information that will serve as the basis for any required impact analyses, applicants may also be requested to assist NOAA in drafting of an environmental assessment, if NOAA determines an assessment is required. Applicants will also be required to cooperate with NOAA in identifying feasible measures to reduce or avoid any identified adverse environmental impacts of their proposal. The failure to do so shall be grounds for not selecting an application. In some cases if additional information is required after E:\FR\FM\14SEN1.SGM 14SEN1

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[Federal Register Volume 70, Number 177 (Wednesday, September 14, 2005)]
[Notices]
[Pages 54367-54368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-5018]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


Pure Magnesium and Alloy Magnesium From Canada: Final Results of 
2003 Countervailing Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 10, 2005, 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, 2003, through December 31, 2003. 
We gave interested parties an opportunity to comment on the preliminary 
results.
    Our analysis of the comments received on the preliminary results 
did not lead to any changes in the net subsidy rates. Therefore, the 
final results do not differ from the preliminary results. The final net 
subsidy rates for the reviewed companies are listed below in the 
section entitled ``Final Results of Reviews.''

EFFECTIVE DATE: September 14, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister, AD/CVD Operations, 
Office 1, Import Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, NW., Washington, DC 20230; telephone 
(202) 482-1174.

SUPPLEMENTARY INFORMATION: 

Case History

    On May 10, 2005, the Department of Commerce (``the Department'') 
published the preliminary results of these administrative reviews (see 
Pure Magnesium and Alloy Magnesium From Canada: Preliminary Results of 
Countervailing Duty Administrative Reviews, 70 FR 24530 (May 10, 2005) 
(``Preliminary Results''). Norsk Hydro Canada, Inc. (``NHCI''), Magnola 
Metallurgy Inc. (``Magnola''), the Government of Quebec, and the 
Government of Canada submitted case briefs on June 9, 2005. On June 14, 
2005, U.S. Magnesium, LLC (``the petitioner'') filed a rebuttal brief.

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).

Period of Reviews

    The period for which we are measuring subsidies, or POR, is January 
1, 2003, through December 31, 2003.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
these administrative reviews are addressed in the September 7, 2005, 
Issues and Decision Memorandum for the 2003 Countervailing Duty 
Administrative Reviews of Pure Magnesium and Alloy Magnesium from 
Canada (``Decision Memorandum'') to Joseph Spetrini, Acting Assistant 
Secretary for Import Administration, which is hereby adopted by this 
notice. Attached to this notice as an appendix 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 these reviews and the corresponding recommendations in 
this public memorandum, which is on file in the Department's Central 
Records Unit, Room B-099 of the main Department building (``CRU''). In 
addition, a complete version of the Decision Memorandum can be accessed 
directly on the Internet at https://ia.ita.doc.gov/frn/. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Changes Since the Preliminary Results

    Based on our analysis of the record and comments received, we have 
made no changes to the preliminary results net subsidy rates.

Final Results of Reviews

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual subsidy rate for each producer/exporter subject to these 
reviews. For the period January 1, 2003, through December 31, 2003, we 
determine the net subsidy rates for the reviewed companies to be as 
follows:

------------------------------------------------------------------------
                     Manufacturer/exporter                       Percent
------------------------------------------------------------------------
                    Net Subsidy Rate: Pure Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc.......................................      1.21
---------------------------------------------------------------
                    Net Subsidy Rate: Alloy Magnesium
------------------------------------------------------------------------
Norsk Hydro Canada, Inc.......................................      1.21
Magnola Metallurgy, Inc.......................................      5.40
------------------------------------------------------------------------

Assessment Rates

    Pursuant to 19 U.S.C. Sec.  1516a(g)(5)(c)(i), the Department will 
not order the liquidation of entries of pure magnesium or alloy 
magnesium from Canada exported by NHCI or Magnola on or after January 
1, 2003, through December 31, 2003, pending final disposition of a 
dispute settlement proceeding under NAFTA (USA-CDA-00-1904-09 (panel)) 
with respect to Pure and Alloy Magnesium From Canada; Final Results of 
Full Sunset Review, 65 FR 41436 (July 5, 2000). Liquidation of NHCI and 
Magnola entries will occur at the rates described in these final 
results of reviews, if appropriate, following the final disposition of 
the previously mentioned NAFTA dispute settlement proceedings.

Cash Deposit Instructions

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to collect cash deposits of estimated countervailing duties 
in the percentages detailed above of the f.o.b. invoice value on all 
shipments of the subject merchandise from NHCI and Magnola entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of these administrative reviews.
    We will instruct CBP to continue to collect cash deposits for non-
reviewed companies at the most recent company-

[[Page 54368]]

specific or country-wide rate applicable to the company (except 
Timminco Limited, which was excluded from the countervailing duty 
orders on pure magnesium and alloy magnesium from Canada (See 
Countervailing Duty Orders: Pure Magnesium and Alloy Magnesium from 
Canada, 57 FR 39392 (August 31, 1992)). Accordingly, the country-wide 
cash deposit rate that will be applied to non-reviewed companies 
covered by the 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. These rates 
shall apply to all non-reviewed companies until a review of a company 
assigned these rates is requested.
    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 
section 751(a)(1) of the Act.

    Dated: September 7, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

Appendix I

Comments in the Issues and Decision Memorandum

Comment 1: Issuance of Liquidations Instructions at the Final 
Results for NHCI
Comment 2: NHCI's Cash Deposit Rate
Comment 3: Adjustment of NHCI's CVD Rate
Comment 4: MTM Program Benefits for Magnola
Comment 5: Magnola's Discount Rate

[FR Doc. E5-5018 Filed 9-13-05; 8:45 am]
BILLING CODE 3510-DS-P
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