Revocation of the Countervailing Duty Orders: Pure Magnesium and Alloy Magnesium from Canada, 38382 [E6-10567]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 71, Number 129 (Thursday, July 6, 2006)]
[Notices]
[Page 38382]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10567]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-815]


Revocation of the Countervailing Duty Orders: Pure Magnesium and 
Alloy Magnesium from Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 1, 2005, the Department of Commerce (``the 
Department'') initiated its sunset reviews of the countervailing duty 
(``CVD'') orders on pure magnesium and alloy magnesium from Canada. See 
Initiation of Five-year (``Sunset'') Reviews, 70 FR 38101 (July 1, 
2005). Pursuant to section 751(c) of the Tariff Act of 1930, as amended 
(``the Act''), the International Trade Commission (``the ITC''), in its 
sunset reviews, determined that revocation of the CVD orders on pure 
magnesium and alloy magnesium from Canada would not be likely to lead 
to continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See Pure and Alloy 
Magnesium from Canada, 71 FR 36359 (June 26, 2006). Therefore, pursuant 
to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii), the 
Department is revoking the CVD orders on pure magnesium and alloy 
magnesium from Canada.

EFFECTIVE DATE: August 16, 2005.

FOR FURTHER INFORMATION CONTACT: Andrew McAllister or Brandon 
Farlander, 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 and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

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).

Background

    On August 31, 1992, the Department issued the CVD 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). On July 1, 2005, the Department initiated, and the 
ITC instituted, the second sunset reviews of the CVD orders on pure 
magnesium and alloy magnesium Canada. See Initiation of Five-year 
(``Sunset'') Reviews, 70 FR 38101 (July 1, 2005). As a result of its 
CVD sunset reviews, the Department found that revocation of the CVD 
orders would be likely to lead to continuation or recurrence of a 
countervailable subsidy, and notified the ITC of the level of subsidy 
likely to prevail were the orders to be revoked. See Final Results of 
Expedited Sunset Reviews of the Countervailing Duty Orders: Pure 
Magnesium and Alloy Magnesium from Canada, 70 FR 67140 (November 4, 
2005). On June 26, 2006, the ITC determined, pursuant to section 751(c) 
of the Act, that revocation of the CVD orders on pure magnesium and 
alloy magnesium from Canada would not be likely to lead to continuation 
or recurrence of material injury to an industry in the United States 
within a reasonably foreseeable time. See Pure and Alloy Magnesium from 
Canada, 71 FR 36359 (June 26, 2006) and USITC Publication 3859 (June 
2006), entitled Pure and Alloy Magnesium from Canada (Inv. Nos. 701-TA-
309-A- B).

Determination

    As a result of the determination by the ITC that revocation of 
these CVD orders is not likely to lead to continuation or recurrence of 
material injury to an industry in the United States, the Department, 
pursuant to section 751(d) of the Act, is revoking the CVD orders on 
pure magnesium and alloy magnesium from Canada. Pursuant to section 
751(c)(6)(A)(iii) of the Act and 19 CFR 351.222(i)(2)(i), the effective 
date of revocation is August 16, 2005 (i.e., the fifth anniversary of 
the date of publication in the Federal Register of the notice of 
continuation of these CVD orders). The Department will notify U.S. 
Customs and Border Protection to discontinue suspension of liquidation 
and collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after August 16, 2005, the 
effective date of revocation of the CVD orders. The Department will 
complete any pending administrative reviews of these orders and will 
conduct administrative reviews of subject merchandise entered prior to 
the effective date of revocation in response to appropriately filed 
requests for review.
    These five-year sunset reviews and notice are in accordance with 
section 751(d)(2) and published pursuant to section 777(i)(1) of the 
Act.

    Dated: June 29, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E6-10567 Filed 7-5-06; 8:45 am]
BILLING CODE 3510-DS-S