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24530 Federal Register / Vol. 70, No.

89 / Tuesday, May 10, 2005 / Notices

systems, classifiable as heavy castings Dated: May 2, 2005. Investigation; Opportunity to Request
under Harmonized Tariff Schedule Joseph A. Spetrini, Administrative Review, 69 FR 46496).
(‘‘HTS’’) item number 7325.10.0010. Acting Assistant Secretary for Import We received timely requests for review
The HTS item numbers are provided for Administration. from Norsk Hydro Canada, Inc.
convenience and customs purposes [FR Doc. E5–2294 Filed 5–9–05; 8:45 am] (‘‘NHCI’’) and from the petitioner, U.S.
only. The written description remains BILLING CODE 3510–DS–S Magnesium, LLC for reviews of NHCI
dispositive. and Magnola Metallurgy, Inc.
(‘‘Magnola’’). On September 1, 2004, we
Analysis of Comments Received
DEPARTMENT OF COMMERCE received a request for review from
All issues raised in this case are Magnola. On September 7, 2004, we
addressed in the ‘‘Issues and Decision International Trade Administration asked Magnola to explain the
Memorandum’’ (‘‘Decision Memo’’) C–122–815 circumstances which led to its late
from Ronald K. Lorentzen, Acting filing. On September 10, 2004, Magnola
Director, Office of Policy, Import Pure Magnesium and Alloy Magnesium responded to the Department’s request
Administration, to Joseph A. Spetrini, from Canada: Preliminary Results of and explained its circumstances. On
Acting Assistant Secretary for Import Countervailing Duty Administrative September 16, 2004, the Department
Administration, dated May 2, 2005, Reviews rejected Magnola’s September 1, 2004,
which is hereby adopted by this notice. request for review, but the review with
The issues discussed in the Decision AGENCY: Import Administration, respect to Magnola continued based on
Memo include the likelihood of International Trade Administration, the request of the petitioner. On
continuation or recurrence of dumping Department of Commerce. September 22, 2004, we initiated these
and the magnitude of the margin likely SUMMARY: The Department of Commerce reviews covering shipments of subject
to prevail if the order were revoked. is conducting administrative reviews of merchandise from NHCI and Magnola
Parties can find a complete discussion the countervailing duty orders on pure (see Initiation of Antidumping and
of all issues raised in this sunset review magnesium and alloy magnesium from Countervailing Duty Administrative
and the corresponding Canada for the period January 1, 2003, Reviews and Request for Revocation in
recommendations in this public memo, through December 31, 2003. We Part, 69 FR 56745).
which is on file in room B–099 of the preliminarily find that certain On October 6, 2004, we issued
main Department Building. producers/exporters have received countervailing duty questionnaires to
In addition, a complete version of the countervailable subsidies during the NHCI, Magnola, the Government of
Decision Memo can be accessed directly period of review. If the final results Québec (‘‘GOQ’’), and the Government
on the Web at http://ia.ita.doc.gov, remain the same as these preliminary of Canada (‘‘GOC’’). We received
under the heading ‘‘May 2005.’’ The results, we will instruct U.S. Customs questionnaire responses from GOQ on
paper copy and electronic version of the and Border Protection to assess November 8, 2004, from GOC and
Decision Memo are identical in content. countervailing duties as detailed in the Magnola on November 12, 2004, and
‘‘Preliminary Results of Reviews’’ from NHCI on December 22, 2004.
Final Results of Review section of this notice. Interested parties
We determine that revocation of the are invited to comment on these Scope of the Orders
countervailing duty order on iron preliminary results (see the ‘‘Public The products covered by these orders
castings from Brazil would likely lead to Comment’’ section of this notice). are shipments of pure and alloy
continuation or recurrence of EFFECTIVE DATE: May 10, 2005. magnesium from Canada. Pure
countervailable subsidies at the FOR FURTHER INFORMATION CONTACT: magnesium contains at least 99.8
following percentage weighted–average Andrew McAllister, AD/CVD percent magnesium by weight and is
percentage margins: Operations, Office 1, Import sold in various slab and ingot forms and
Administration, International Trade sizes. Magnesium alloys contain less
Manufacturers/Export- Weighted–Average than 99.8 percent magnesium by weight
ers/Producers Margin (Percent) Administration, U.S. Department of
Commerce, 14th Street and Constitution with magnesium being the largest
Country–wide rate ........ 1.06 Avenue, NW., Washington DC 20230; metallic element in the alloy by weight,
telephone (202) 482–1174. and are sold in various ingot and billet
This notice also serves as the only SUPPLEMENTARY INFORMATION: forms and sizes.
reminder to parties subject to The pure and alloy magnesium
administrative protective orders Case History subject to the orders is currently
(‘‘APO’’) of their responsibility On August 31, 1992, the Department classifiable under items 8104.11.0000
concerning the return or destruction of of Commerce (‘‘the Department’’) and 8104.19.0000, respectively, of the
proprietary information disclosed under published in the Federal Register the Harmonized Tariff Schedule of the
APO in accordance with 19 CFR countervailing duty orders on pure United States (‘‘HTSUS’’). Although the
351.305 of the Department’s regulations. magnesium and alloy magnesium from HTSUS subheadings are provided for
Timely notification of the return or Canada (see Final Affirmative convenience and customs purposes, the
destruction of APO materials or Countervailing Duty Determinations: written descriptions of the merchandise
conversion to judicial protective order is Pure Magnesium and Alloy Magnesium subject to the orders are dispositive.
hereby requested. Failure to comply from Canada, 57 FR 39392 Secondary and granular magnesium
with the regulations and terms of an (‘‘Magnesium Investigation’’)). On are not included in the scope of these
APO is a violation which is subject to August 3, 2004, the Department orders. Our reasons for excluding
sanction. published a notice of ‘‘Opportunity to granular magnesium are summarized in
We are issuing and publishing the Request Administrative Review’’ of Preliminary Determination of Sales at
results and notice in accordance with these countervailing duty orders (see Less Than Fair Value: Pure and Alloy
sections 751(c), 752, and 777(i)(1) of the Antidumping or Countervailing Duty Magnesium From Canada, 57 FR 6094
Act. Order, Finding, or Suspended (February 20, 1992).

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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices 24531

Period of Review IRS tables do not reasonably reflect nor NHCI has provided new information
The period of review (‘‘POR’’) for either the company–specific or country– which would warrant reconsideration of
which we are measuring subsidies is wide AUL for the industry. During this this determination.
January 1, 2003, through December 31, review, none of the parties contested In the Magnesium Investigation, the
2003. using the AUL reported for the Department determined that the Article
magnesium industry in the IRS tables. 7 assistance received by NHCI
Subsidies Valuation Information Therefore, we continue to allocate non– constituted a non–recurring grant
Discount rate: As noted below, the recurring benefits over 14 years. because it represented a one–time
Department preliminarily finds that For non–recurring subsidies, we provision of funds. In the current
NHCI and Magnola benefitted from applied the ‘‘0.5 percent expense test’’ reviews, no new information has been
countervailable subsidies during the described in section 351.524(b)(2) of the placed on the record that would cause
POR. In accordance with 19 CFR Department’s regulations. In this test, us to depart from this treatment. To
351.524(d)(3), it is the Department’s we compare the amount of subsidies calculate the benefit, we performed the
preference to use a company’s long– approved under a given program in a expense test, as explained in the
particular year to sales (total or export, ‘‘Allocation period’’ section above, and
term, fixed–rate cost of borrowing in the
as appropriate) in that year. If the found that the benefits approved were
same year a grant was approved as the
amount of the subsidies is less than 0.5 more than 0.5 percent of NHCI’s total
discount rate. However, where a
percent of sales, the benefits are sales. Therefore, we allocated the
company does not have any debt that
expensed in their entirety, in the year of benefits over time. We used the grant
can be used as an appropriate basis for
receipt, rather than allocated over the methodology as described in section
a discount rate, the Department’s next
AUL period. 351.524(d) of the Department’s
preference is to use the average cost of
long–term fixed–rate loans in the Analysis of Programs regulations to calculate the amount of
country in question. In the investigation benefit allocable to the POR. We then
I. Programs Preliminarily Determined to
and previous reviews, the Department divided the benefit attributable to the
Confer Countervailable Subsidies
determined that NHCI received and A. Article 7 Grant from the Québec POR by NHCI’s total sales of Canadian–
benefitted from countervailable Industrial Development Corporation manufactured products in the POR. On
subsidies from the Article 7 grant from (‘‘SDI’’) this basis, we preliminarily determine
the Québec Industrial Development SDI (Société de Développement the countervailable subsidy from the
Corporation (‘‘Article 7 grant’’). See Industriel du Québec) administers Article 7 grant to be 1.21 percent ad
Magnesium Investigation. In line with development programs on behalf of the valorem for NHCI.
the Department’s practice, we used GOQ. SDI provides assistance under B. Emploi–Québec Manpower
NHCI’s cost of long–term, fixed–rate Article 7 of the SDI Act in the form of Training Program
debt in the year in which the Article 7 loans, loan guarantees, grants, The MTM Program is a labor–focused
grant was approved as the discount rate assumptions of costs associated with program designed to improve and
for purposes of calculating the benefit loans, and equity investments. This develop the labor market in the region
pertaining to the POR. assistance is provided for projects that of Québec. It is implemented by the
In the Final Results of Pure are capable of having a major impact Emploi–Québec (‘‘E–Q’’), a labor unit
Magnesium from Canada: Notice of upon the economy of Québec. Article 7 within Québec’s Ministry of
Final Results of Countervailing Duty assistance greater than 2.5 million Employment and Solidarity (Ministére
New Shipper Review (‘‘New Shipper dollars must be approved by the Council de L’Emploi et de la Solidarité sociale),
Review’’), 68 FR 22359 (April 28, 2003), of Ministers and assistance over 5 and funded by the GOQ. The Program
we found that Magnola benefitted from million dollars becomes a separate provides grants to companies in Québec
grants under the Emploi–Québec budget item under Article 7. Assistance that have training programs approved by
Manpower Training Measure Program provided in such amounts must be of the E–Q. Up to 50 percent of a
(‘‘MTM Program’’). Magnola did not ‘‘special economic importance and company’s training expenses, normally
have any long–term fixed–rate debt value to the province.’’ (See Magnesium over a period of 24 months, are
during the years the grants were Investigation, 57 FR at 30948.) reimbursed under the MTM program if
approved. Therefore, consistent with In 1988, NHCI was awarded a grant the training programs satisfy the E–Q’s
our treatment of these grants in previous under Article 7 to cover a large five policy objectives of job preparation,
administrative reviews, we continue to percentage of the cost of certain job integration, job management, job
use long–term commercial bond rates environmental protection equipment. In stabilization, and job creation.
for purposes of calculating the benefit the Magnesium Investigation, the Once the five objectives are met,
attributable to the POR. Department determined the Article 7 companies with small–scale projects are
Allocation period: In the grant confers a countervailable subsidy eligible to receive reimbursement of 50
investigations and previous within the meaning of section 771(5) of percent of their labor training expenses,
administrative reviews of these cases, the Tariff Act of 1930, as amended (‘‘the up to a maximum reimbursement of
the Department used as the allocation Act’’). The grant is a direct transfer of $100,000. Major economic projects are
period for non–recurring subsidies the funds from the GOQ bestowing a benefit required to: (1) create either 50 jobs or
average useful life (‘‘AUL’’) of in the amount of the grant. We 100 jobs in 24 months, depending on
renewable physical assets in the previously determined that NHCI whether the company is a new company
magnesium industry as recorded in the received a disproportionately large or a company that has been in
Internal Revenue Service’s 1977 Class share of assistance under this program, operation; (2) have the approval of the
Life Asset Depreciation Range System and, on this basis, we determined that Ministry’s Commission des partenaires
(‘‘the IRS tables’’), i.e., 14 years. the Article 7 grant was limited to a du marche du travail; and (3) agree to
Pursuant to section 351.524(d)(2) of the specific enterprise or industry, or group close monitoring by the E–Q. The
Department’s regulations, we use the of enterprises or industries, within the $100,000 reimbursement limit does not
AUL in the IRS tables as the allocation meaning of section 771(5A)(D)(iv) of the apply to major economic projects. (See
period unless a party can show that the Act. In these reviews, neither the GOQ New Shipper Review and accompanying

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24532 Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices

Issues and Decision Memorandum at • Business Investment Assistance NET SUBSIDY RATE: PURE MAGNESIUM
‘‘Analysis of Programs.’’) Program
In 1998 and 2000, the E–Q approved • Business Financing Program Manufacturer/Exporter Percent
grants to reimburse 50 percent of
Magnola’s training expenses. Magnola • Research and Innovation Activities Norsk Hydro Canada,
Program Inc. ............................ 1.21 percent
received the MTM grants in 1999, 2000 Magnola Metallurgy,
and 2001. In the New Shipper Review, • Export Assistance Program Inc. ............................ 5.40 percent
the Department found that the MTM • Energy Technologies Development
program assistance received by Program
Magnola, constituted countervailable NET SUBSIDY RATE: ALLOY
benefits within the meaning of section • Transportation Research and MAGNESIUM
771(5) of the Act. The assistance is a Development Assistance Program
direct transfer of funds from the GOQ III. Program Previously Determined To Manufacturer/Exporter Percent
bestowing a benefit in the amount of the Be Terminated
Norsk Hydro Canada,
grants. We also found Magnola received • Exemption from Payment of Water Inc. ............................ 1.21 percent
a disproportionately large share of Bills Magnola Metallurgy,
assistance under the MTM program and, Inc. ............................ 5.40 percent
on this basis, we found the grants to be Adjustment of Countervailing Duty
limited to a specific enterprise or Cash Deposit Rate Cash Deposit Instructions
industry, or group of enterprises or
industries, within the meaning of In its December 3, 2004, submission, The Department also intends to
section 771(5A)(D)(iv) of the Act. In NHCI contends that the Department instruct CBP to collect cash deposits of
accordance with 19 CFR 351.524(c)(1) should set the countervailing duty cash estimated countervailing duties at the
and (2), we treated the grants as non– deposit rate to zero for pure and alloy rate specified on the f.o.b. value of all
recurring. magnesium produced by NHCI in shipments of the subject merchandise
Canada and entered on or after January entered, or withdrawn from warehouse,
In the current reviews, no new
1, 2005. NHCI asserts that, as of that for consumption on or after the date of
information has been provided that
date, the only subsidy at issue for NHCI publication of the final results of these
would warrant reconsideration of these
will have been fully amortized, and administrative reviews.
determinations. To calculate the benefit, We will instruct CBP to continue to
we performed the expense test, as there will be no legal basis or need for
collect cash deposits for non–reviewed
explained in the ‘‘Allocation period’’ collecting cash deposits from NHCI. On
companies (except Timminco Limited,
section above, and found that the December 9, 2004, the GOQ made a
which was excluded from the orders
benefits approved were more than 0.5 submission supporting NHCI’s during the investigations) at the most
percent of Magnola’s total sales. arguments. On December 14, 2004, the recent company–specific or country–
Therefore, we allocated the benefits over petitioner argued that the Department wide rate applicable to the company.
time. We used the grant methodology as should deny NHCI’s request and Accordingly, the cash deposit rate that
described in section 351.524(d) of the complete the administrative review will be applied to non–reviewed
Department’s regulations to calculate before setting future cash deposit rates. companies covered by these orders is
the amount of benefit allocable to the On December 14, 2004, the that established in Pure and Alloy
POR. We then divided the benefit Department responded to NHCI’s Magnesium From Canada; Final Results
attributable to the POR by Magnola’s request by stating that we do not have of the Second (1993) Countervailing
total sales in the POR. On this basis, we the authority to modify deposit rates Duty Administrative Reviews, 62 FR
preliminarily find the net subsidy rate outside of the administrative review 48607 (September 16, 1997) or the
from the MTM program to be 5.40 company–specific rate published in the
process. Therefore, we are not changing
percent ad valorem for Magnola. most recent final results of an
the deposit rate for NHCI effective
II. Programs Preliminarily Determined administrative review in which a
January 1, 2005.
To Be Not Used company participated. These rates shall
We examined the following programs Preliminary Results of Reviews apply to all non–reviewed companies
and preliminarily determine that neither until a review of a company assigned
NHCI nor Magnola applied for or In accordance with 19 CFR
these rates is requested.
received benefits under these programs 351.221(b)(4)(i), we calculated an
during the POR: individual subsidy rate for each Public Comment
• St. Lawrence River Environment producer/exporter subject to these Interested parties may submit written
Technology Development Program administrative reviews. For the period arguments in case briefs within 30 days
• Program for Export Market January 1, 2003, through December 31, of the date of publication of this notice.
Development 2003, we preliminarily find the net Rebuttal briefs, limited to issues raised
• The Export Development Corporation subsidy rates for producers/exporters in case briefs, may be filed not later than
• Canada–Québec Subsidiary Agreement under review to be those specified in five days after the date of filing the case
on the Economic Development of the the chart shown below. If the final briefs. Parties who submit briefs in this
Regions of Québec results of these reviews remain the same proceeding should provide a summary
• Opportunities to Stimulate as these preliminary results, the of the arguments not to exceed five
Technology Programs Department intends to instruct U.S. pages and a table of statutes,
• Development Assistance Program Customs and Border Protection (‘‘CBP’’) regulations, and cases cited. Copies of
• Industrial Feasibility Study Assistance to assess countervailing duties at these case briefs and rebuttal briefs must be
Program net subsidy rates. We will disclose our served on interested parties in
• Export Promotion Assistance Program calculations to the interested parties in accordance with 19 CFR 351.303(f).
• Creation of Scientific Jobs in accordance with section 351.224(b) of Interested parties may request a
Industries the Department’s regulations. hearing within 30 days after the date of

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Federal Register / Vol. 70, No. 89 / Tuesday, May 10, 2005 / Notices 24533

publication of this notice. Any hearing, which recognizes the administrative scope rulings and anticircumvention
if requested, will be held two days after reality that there are no employees determinations completed by Import
the scheduled date for submission of present to make administrative Administration between April 1, 2003,
rebuttal briefs. The Department will determinations that fall due when the and December 31, 2004, inclusive. It
publish a notice of the final results of Department is closed. While this also lists any scope or
these administrative reviews within 120 practice has never been challenged, the anticircumvention inquiries pending as
days from the publication of these Department has concluded that it is of December 31, 2004. As described
preliminary results. appropriate to publicize this practice to below, subsequent lists will follow after
We are issuing and publishing these interested parties. the close of each calendar quarter.
results in accordance with sections
751(a)(1) and 777(i)(1) of the Act. Clarification of Statutory Deadlines Scope Rulings Completed Between
The Department hereby clarifies that April 1, 2003, and December 31, 2004
Dated: May 3, 2005.
where a statutory deadline falls on a India
Joseph A. Spetrini,
weekend, federal holiday, or any other
Acting Assistant Secretary for Import A–533–824, C–533–825: Polyethylene
day when the Department is closed, the
Administration. Terephthalate Film Sheet and Strip
Department will continue its
[FR Doc. E5–2296 Filed 5–9–05; 8:45 am] from India
longstanding practice of reaching our
BILLING CODE 3510–DS–S
determination on the next business day. Requestor: International Packaging
We find that this clarification is Films, Inc.; tracing and drafting film is
DEPARTMENT OF COMMERCE consistent with federal practice. See outside the scope of the order; August
Fed. R. Civ. P. 6(a); Fed R. App. P. 26(a); 25, 2003.
International Trade Administration see, also, Dofasco Inc., 390 F.3d at 1372.
A–533–502: Certain Welded Carbon
Dated: April 29, 2005. Steel Standard Pipes and Tubes from
Notice of Clarification: Application of Joseph A. Spetrini,
‘‘Next Business Day’’ Rule for India
Acting Assistant Sectretary for Import
Administrative Determination Administration. Requestor: Aruvil International, Inc.;
Deadlines Pursuant to the Tariff Act of welded carbon steel pipes that are
[FR Doc. E5–2234 Filed 5–9–05; 8:45 am]
1930, As Amended galvanized and have a polyester powder
BILLING CODE 3510–DS–S
coating are within the scope of the
AGENCY: Import Administration,
antidumping duty order; March 4, 2004.
International Trade Administration,
Department of Commerce. DEPARTMENT OF COMMERCE Mexico
EFFECTIVE DATE: May 10, 2005. A–201–805: Circular Welded Non–Alloy
International Trade Administration
FOR FURTHER INFORMATION CONTACT: Steel Pipe from Mexico
Katja Kravetsky at (202) 482–0108, Notice of Scope Rulings
Import Administration, International Requestor: Galvak S.A. de CV;
Trade Administration, U.S. Department AGENCY: Import Administration, mechanical tubing is outside of the
of Commerce, 14th Street & Constitution International Trade Administration, order, some Galvak tubing marked as
Ave, NW., Washington, DC 20230. Department of Commerce. ASTM A–787 is not mechanical tubing;
SUPPLEMENTARY INFORMATION: EFFECTIVE DATE: May 10, 2005. scope ruling November 19, 1998; re-
SUMMARY: The Department of Commerce determination affirmed by NAFTA
Background (the Department) hereby publishes a list panel June 7, 2004.
The Tariff Act of 1930, as amended of scope rulings completed between A–201–831: Prestressed Concrete Steel
(the Act), requires that the Department April 1, 2003, and December 31, 2004. Wire Strand from Mexico
of Commerce (the Department) make In conjunction with this list, the
preliminary and final determinations Department is also publishing a list of Requestors: American Spring Wire
during an administrative proceeding requests for scope rulings and Corp., Insteel Wire Products Company,
within specified time limits. See, e.g., anticircumvention determinations Sumiden Wire Products Corp., and
section 751(a) of the Act, 19 U.S.C. pending as of December 31, 2004. We Cablesa , S.A. de C.V.; 0.05 oz./sq. ft.
§ 1675(a). The Act does not address the intend to publish future lists after the zinc coated PC strand is within the
treatment of deadlines falling on a close of the next calendar quarter. scope of the order; June 16, 2004.
weekend, federal holiday, or day on FOR FURTHER INFORMATION CONTACT: People’s Republic of China
which the Department is otherwise Bridgette Roy or Irina Itkin, Import
closed, e.g., due to a weather Administration, International Trade A–570–504: Petroleum Wax Candles
emergency. Administration, U.S. Department of from the People’s Republic of China
With respect to certain deadlines Commerce, 14th Street and Constitution Requestor: Garden Ridge; nine candles
involving filings made with the Avenue NW., Washington, DC 20230; six with a cheetah print (Styles 194735–
Department, the agency’s regulations telephone (202) 482–0160 or (202) 482– A, 194736–A, 194768–A, 194735–C) and
clarify that where ‘‘the applicable time 0656. three with a zebra print (194735–D,
limit expires on a non–business day, the SUPPLEMENTARY INFORMATION: 194736–D, 194768–D) are within the
Secretary will accept documents that are scope of the order; April 22, 2003.
filed on the next business day.’’ See 19 Background
CFR 351.303(b); see, also, Dofasco, Inc. The Department’s regulations provide A–570–504: Petroleum Wax Candles
v. United States, 390 F.3d 1370, 1372 that the Secretary will publish in the from the People’s Republic of China
(Fed. Cir. 2004). With respect to Federal Register a list of scope rulings. Requestor: Fleming International, Ltd.;
deadlines for reaching administrative See 19 CFR 351.225(o). Our most recent three of Fleming’s candles (B3922,
determinations, the Department’s ‘‘Notice of Scope Rulings’’ was B3966, and B3988) are not included in
longstanding practice has been to apply published on June 19, 2003. See 68 FR the scope of the order based on their
a similar ‘‘next business day’’ rule, 36770. The instant notice covers all vegetable wax content. However, one of

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