+----------------------+-----------------------------------------------+
| +-----------------+  | +------------------------------------------+  |
| | ![](me          |  | |                                          |  |
| | dia/image1.wmf) |  | +------------------------------------------+  |
| +-----------------+  | |                                          |  |
| | **UNITED STATES |  | +------------------------------------------+  |
| | INTERNATIONAL   |  | | **\*\*\* REVISED \*\*\***                |  |
| | TRADE           |  | +------------------------------------------+  |
| | COMMISSION**    |  | | **GENERAL INFORMATION, INSTRUCTIONS,     |  |
| +-----------------+  | | AND**                                    |  |
| |                 |  | |                                          |  |
| +-----------------+  | | **DEFINITIONS FOR COMMISSION             |  |
| |                 |  | | QUESTIONNAIRES**                         |  |
| +-----------------+  | +------------------------------------------+  |
| | Office of       |  | |                                          |  |
| | Investigations  |  | +------------------------------------------+  |
| +-----------------+  | | **MAGNESIUM FROM CHINA AND RUSSIA**      |  |
| | 500 E Street,   |  | +------------------------------------------+  |
| | SW              |  | | **Investigations Nos. 731-TA-1071-1072   |  |
| +-----------------+  | | (Preliminary)**                          |  |
| | Suite 615       |  | +------------------------------------------+  |
| +-----------------+  | |                                          |  |
| | Washington, DC  |  | +------------------------------------------+  |
| | 20436           |  | | If you have any questions concerning the |  |
| +-----------------+  | | enclosed questionnaire(s)                |  |
| |                 |  | |                                          |  |
| +-----------------+  | | or other matters related to these        |  |
| | Contact: Fred   |  | | investigations, you may contact the      |  |
| | Fischer         |  | | following members of the Commission's    |  |
| +-----------------+  | | staff (fax no. 202-205-3205)             |  |
| | Phone:          |  | +------------------------------------------+  |
| | 202.205.3179    |  | |                                          |  |
| +-----------------+  | +------------------------------------------+  |
| | Fax:            |  | | **Fred Fischer\--**Investigator          |  |
| | 202.205.3205    |  | | (202.205.3179 or fred.fischer@usitc.gov) |  |
| +-----------------+  | |                                          |  |
| | E-mail:         |  | | regarding general questions and trade    |  |
| | fred.fi         |  | | and related information                  |  |
| | scher@usitc.gov |  | +------------------------------------------+  |
| +-----------------+  | | **Charles Yost\--**Auditor (202.205.3432 |  |
| |                 |  | | or charles.yost@usitc.gov)               |  |
| +-----------------+  | |                                          |  |
| | **A complete    |  | | Regarding financial information          |  |
| | response must   |  | +------------------------------------------+  |
| | be received at  |  | | **John Benedetto\--**Economist           |  |
| | the U.S.        |  | | (202.205.3179 or                         |  |
| | International   |  | | john.benedetto@usitc.gov)                |  |
| | Trade           |  | |                                          |  |
| | Commission no   |  | | regarding pricing, market, and related   |  |
| | later than**    |  | | information                              |  |
| |                 |  | +------------------------------------------+  |
| | **\>\> March    |  |                                               |
| | 16, 2004 \<\<** |  |                                               |
| +-----------------+  |                                               |
| |                 |  |                                               |
| +-----------------+  |                                               |
| | The information |  |                                               |
| | called for in   |  |                                               |
| | this            |  |                                               |
| | questionnaire   |  |                                               |
| | is for use by   |  |                                               |
| | the United      |  |                                               |
| | States          |  |                                               |
| | International   |  |                                               |
| | Trade           |  |                                               |
| | Commission in   |  |                                               |
| | connection with |  |                                               |
| | its antidumping |  |                                               |
| | investigations  |  |                                               |
| | concerning      |  |                                               |
| | magnesium from  |  |                                               |
| | China and       |  |                                               |
| | Russia (invs.   |  |                                               |
| | Nos.            |  |                                               |
| | 731-T           |  |                                               |
| | A-1071**-**1072 |  |                                               |
| | (               |  |                                               |
| | Preliminary/)). |  |                                               |
| | The information |  |                                               |
| | requested in    |  |                                               |
| | the             |  |                                               |
| | questionnaire   |  |                                               |
| | is requested    |  |                                               |
| | under the       |  |                                               |
| | authority of    |  |                                               |
| | the Tariff Act  |  |                                               |
| | of 1930, title  |  |                                               |
| | VII.            |  |                                               |
| +-----------------+  |                                               |
| |                 |  |                                               |
| +-----------------+  |                                               |
| | **Your response |  |                                               |
| | to this report  |  |                                               |
| | is mandatory    |  |                                               |
| | and failure to  |  |                                               |
| | reply**         |  |                                               |
| |                 |  |                                               |
| | **as directed   |  |                                               |
| | can result in a |  |                                               |
| | subpoena or     |  |                                               |
| | other order to  |  |                                               |
| | compel the      |  |                                               |
| | submission of   |  |                                               |
| | records or      |  |                                               |
| | information in  |  |                                               |
| | your possession |  |                                               |
| | (19 U.S.C. §    |  |                                               |
| | 1333(a)).**     |  |                                               |
| +-----------------+  |                                               |
| |                 |  |                                               |
| +-----------------+  |                                               |
| |                 |  |                                               |
| +-----------------+  |                                               |
+----------------------+-----------------------------------------------+

**[GENERAL INFORMATION]{.underline}**

**Why You Are Being Asked to Complete This Questionnaire**

The United States International Trade Commission, an independent,
quasi-judicial federal agency, has been requested by petitioning U.S.
firms to determine whether an industry in the United States is being
materially injured or threatened with material injury by reason of
allegedly unfair imports from China of alloy magnesium and from Russia
of pure and alloy magnesium. In order for the Commission to make its
determinations, it is collecting certain production, capacity, shipment,
inventory, financial, market, pricing, and other data from U.S.
producers, importers, and purchasers.

**Why Your Questionnaire Response Is Important**

Your completed questionnaire response is *extremely* important because
it is the foundation on which the Commission will base its
determinations. These industry questionnaires are the single best
sources of comprehensive and current industry data. Your response will
be treated as confidential business proprietary information. As such, it
will not be disclosed to any competitors or other market participants.
*There are strict legal safeguards in place to protect and prevent the
potential misuse of any confidential information you may submit.*

**Who Initiates Antidumping Investigations**

Petitions are filed with the Commission and the United States Department
of Commerce by U.S. companies on behalf of a particular industry. The
purpose of a petition is to request that the federal government initiate
an investigation into whether antidumping duties should be imposed on
unfairly traded imports.

**The Role of the Commission in Antidumping Investigations**

As mentioned, antidumping investigations involve two separate federal
agencies\--the Commission and Commerce. Both agencies make separate,
distinct, and independent determinations. Commerce is responsible for
examining whether the identified imports are being sold in the United
States at less than fair value. The Commission is *not* involved in this
aspect of an investigation, but is responsible for examining whether a
U.S. industry producing products like such imports is materially injured
or threatened with material injury by reason of the unfairly traded
imports. *Affirmative determinations must be made by both agencies in
order for antidumping duties to be imposed.*

**The Time Frame in Which Antidumping Determinations are Made**

Antidumping investigations take between 9 and 14 months to complete.
Investigations first proceed through an initial or preliminary phase.
The Commission must make an initial determination whether or not to
continue proceedings, normally within 45 days of the filing of the
petition. Unless it extends the investigation, Commerce must make an
initial dumping determination within 160 days of filing, and must make a
final determination within 75 days of its preliminary determination. The
Commission then must make its final injury determination no later than
45 days after Commerce\'s final determination.

**[GENERAL INFORMATION]{.underline}*\--Continued***

***[Background]{.underline}***.\--These investigations were instituted
in response to a petition filed on February 27, 2004 by US Magnesium
Corp., Salt Lake City, UT; United Steelworkers of America, Local 8319,
Salt Lake City, UT; and Glass, Molders, Pottery, Plastics & Allied
Workers International, Local 374, Long Beach, CA. Antidumping duties may
be assessed on the subject imports as a result of these investigations
if the Commission makes an affirmative determination of injury, threat,
or material retardation, and if the U.S. Department of Commerce makes an
affirmative determination of dumping.

Additional questionnaires will be supplied promptly upon request, or
photocopies of the enclosed questionnaire(s) may be used. Address all
correspondence to the United States International Trade Commission,
Washington, DC 20436. Hearing-impaired individuals can obtain
information regarding this investigation via the Commission's TDD
terminal (202-205-1810).

***[Due date of questionnaire(s)]{.underline}***.\--Return the completed
questionnaire(s) to the United States International Trade Commission by
no later than **March 16, 2004**. Although the enclosed postpaid
envelope may be used to return the completed questionnaire, use of an
overnight mail service may be necessary to ensure that your response
actually reaches the Commission by **March 16, 2004**. If you do not use
the enclosed envelope, please make sure the completed questionnaire is
sent to the attention of **Fred Fischer**. **Return [only
one]{.underline} copy of the completed questionnaire(s), but please keep
a copy for your records so that you can refer to it if the Commission
staff contacts you with any questions during the course of the
investigations.**

***[Service of questionnaire response(s)]{.underline}***.\--In the event
that your firm is a party to these investigations, you are required to
serve a copy of the questionnaire(s), once completed, on parties to the
proceeding that are subject to administrative protective order (see 19
CFR § 207.7). A list of such parties is maintained by the Commission's
Secretary and may be obtained by calling 202-205-1803. A certificate of
service must accompany the copy of the completed questionnaire(s) you
submit (see 19 CFR § 207.7).

***[Confidentiality]{.underline}***.\--The commercial and financial data
furnished in response to the enclosed questionnaire(s) that reveal the
individual operations of your firm will be treated as confidential by
the Commission to the extent that such data are not otherwise available
to the public and will not be disclosed except as may be required by law
(see 19 U.S.C. § 1677f). Such confidential information will not be
published in a manner that will reveal the individual operations of your
firm; however, nonnumerical characterizations of numerical business
proprietary information (such as discussion of trends) will be treated
as confidential business information only at the request of the
submitter for good cause shown.

***[Verification]{.underline}*.\--The information submitted in the
enclosed questionnaire(s) is subject to audit and verification by the
Commission. To facilitate possible verification of data, please keep all
your workpapers and supporting documents used in the preparation of the
questionnaire response(s).**

**[GENERAL INFORMATION]{.underline}\--*Continued***

***[Release of information]{.underline}***.\--The information provided
by your firm in response to the questionnaire(s), as well as any other
business proprietary information submitted by your firm to the
Commission in connection with the investigations, may become subject to,
and released under, the administrative protective order provisions of
the Tariff Act of 1930 (19 U.S.C. § 1677f) and section 207.7 of the
Commission's Rules of Practice and Procedure (19 CFR § 207.7). This
means that certain lawyers and other authorized individuals may
temporarily be given access to the information for use in connection
with these investigations or other import-injury investigations
conducted by the Commission on the same or similar merchandise; those
individuals would be subject to severe penalties if the information were
divulged to unauthorized individuals. In addition, if your firm is a
U.S. producer, the information you provide on your production and
imports of magnesium and your responses to the questions in Part I of
the producer questionnaire will be provided to the U.S. Department of
Commerce, upon its request, for use in connection with (and only in
connection with) its requirement pursuant to section 732(c)(4) of the
Act (19 U.S.C. § 1673a(c)(4)) to make a determination concerning the
extent of industry support for the petition requesting these
investigations. Any information provided to Commerce will be transmitted
under the confidentiality and release guidelines set forth above. Your
response to these questions constitutes your consent that such
information be provided to Commerce under the conditions described
above.

**[INSTRUCTIONS]{.underline}**

***[Answer all questions]{.underline}***.\--Do not leave any question or
section blank unless a questionnaire expressly directs you to skip over
certain questions or sections. If the answer to any question is "none,"
write "none." **If information is not readily available from your
records in exactly the form requested, furnish carefully prepared
estimates\--designated as such by the letter "E"\--and explain the basis
of your estimates**. Answers to questions and any necessary comments or
explanations should be supplied in the space provided or on separate
sheets attached to the appropriate page of the questionnaire(s). If your
firm is completing more than one questionnaire in connection with these
investigations (i.e., a producer, importer, and/or purchaser
questionnaire), you need not respond to duplicated questions in the
questionnaires.

***[Consolidate all U.S. establishments]{.underline}***.\--Report the
requested data for your establishment(s) located in the United States.
**Firms operating more than one establishment should combine the data
for all establishments into a single report.**

**[DEFINITIONS]{.underline}**

***[Magnesium]{.underline}*.\--**Consists of all forms of pure and alloy
magnesium, whether or not produced by decomposing raw materials (primary
magnesium) or recycling magnesium-based scrap (secondary magnesium), as
provided for in subheadings 8104.11.00, 8104.19.00, and 8104.30.00 of
the Harmonized Tariff Schedule of the United States (HTS).

Excluded from these investigations are (1) magnesium that is in liquid
or molten form; and (2) mixtures containing 90 percent or less magnesium
in granular or powder form by weight and one or more of certain
non-magnesium granular materials to make magnesium-based reagent
mixtures, including lime, calcium metal, calcium silicon, calcium
carbide, calcium carbonate, carbon, slag coagulants, fluorspar,
nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda
ash, hydrocarbons, graphite, coke, silicon, rare earth
metals/mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and colemanite.

***[Pure magnesium]{.underline}*.---**Unwrought magnesium containing at
least 99.8 percent magnesium by weight.

***[Alloy magnesium]{.underline}*.---**Unwrought magnesium containing
less than 99.8 percent magnesium by weight but more than 50 percent
magnesium by weight.

***[Ultra-pure magnesium]{.underline}*.\--**Unwrought magnesium
containing at least 99.95 percent magnesium by weight.

***[Commodity-grade pure magnesium]{.underline}*.\--**Unwrought
magnesium containing at least 99.8 percent magnesium but less than 99.95
percent magnesium by weight.

***[ASTM specifications]{.underline}***.---American Society for Testing
and Materials (ASTM) Standard "Specification for Magnesium Alloys in
Ingot Form for Sand Castings, Permanent Mold Castings, and Die
Castings," Designation B 93/B 93M, *Annual Book of ASTM Standards*.

***[Primary magnesium]{.underline}*.\--**Pure and alloy magnesium
produced by decomposing raw materials into magnesium metal, and
containing less than 50 percent of recycled magnesium-based scrap.

***[Secondary magnesium]{.underline}*.\--**Magnesium produced by
recycling magnesium-based scrap, and containing less than 50 percent of
primary magnesium.

***[Granules]{.underline}.*\--**All physical forms of magnesium other
than ingots, such as raspings, turnings, granules, and powders.

**[DEFINITIONS]{.underline}*\--Continued***

***[Firm]{.underline}***.\--An individual proprietorship, partnership,
joint venture, association, corporation (including any subsidiary
corporation), business trust, cooperative, trustee in bankruptcy, or
receiver under decree of any court.

***[Related firm]{.underline}***.\--A firm that your firm solely or
jointly owned, managed, or otherwise controlled; a firm that solely or
jointly owned, managed, or otherwise controlled your firm; and/or a firm
that was solely or jointly owned, managed, or otherwise controlled by a
firm that also solely or jointly owned, managed, or otherwise controlled
your firm.

***[Establishment]{.underline}***.\--Each facility of a firm in the
United States involved in the production, importation, and/or purchase
of magnesium (as defined above), including auxiliary facilities operated
in conjunction with (whether or not physically separate from) such
facilities.

***[United States]{.underline}***.\--For purposes of this investigation,
the 50 States, Puerto Rico, the U.S. Virgin Islands, and the District of
Columbia.

***[Importer]{.underline}***.\--Any person or firm engaged, either
directly or through a parent company or subsidiary, in importing
magnesium (as defined above) into the United States from a foreign
manufacturer or through its selling agent.

***[Imports]{.underline}***.\--Those products identified for Customs
purposes as [imports for consumption]{.underline} for which your firm
was the importer of record (i.e., was responsible for paying any import
duty) or consignee (i.e., to which the merchandise was first delivered).

***[Import quantities]{.underline}***.\--Quantities reported should be
net of returns.

***[Import values]{.underline}***.\--Values reported should be landed,
duty-paid values at the U.S. port of entry, including ocean freight and
insurance costs, brokerage charges, and import duties (i.e., all charges
except inland freight in the United States).

***[Purchaser]{.underline}***.\--Any person or firm engaged, either
directly or through a parent company or subsidiary, in purchasing
magnesium (as defined above) from another firm that produces, imports,
or otherwise distributes magnesium.

***[Purchases]{.underline}***.\--Purchases from all sources, NOT
including direct imports from foreign producers (which should be
reported in an importer questionnaire).

***[Purchase quantities]{.underline}***.\--Quantities reported should be
net of returns.

> ***[Purchase values]{.underline}***.\--Values reported should be net
> values (i.e., gross purchase values less all discounts, allowances,
> rebates, and the value of returned goods), delivered to your U.S.
> receiving point.

**[DEFINITIONS]{.underline}*\--Continued***

***[Shipments]{.underline}***.\--Shipments of products produced in or
imported by your U.S. establishment(s). Include shipments to the
contracting firm of product produced by your firm under a toll
agreement.

***[Shipment quantities]{.underline}***.\--Quantities reported should be
net of returns.

> ***[Shipment values]{.underline}***.\--Values reported should be net
> values (i.e., gross sales values less all discounts, allowances,
> rebates, prepaid freight, and the value of returned goods), f.o.b.
> your U.S. point of shipment. The value of domestic shipments to the
> contracting firm under a toll agreement is the conversion fee
> (including profit).

***[Types of shipments]{.underline}***:

> ***[U.S. shipments]{.underline}***.\--Commercial shipments, internal
> consumption, and transfers to related firms within the United States.
>
> ***[Commercial shipments]{.underline}***.\--Shipments, other than
> internal consumption and transfers to related firms, within the United
> States.
>
> ***[Internal consumption]{.underline}***.\--Product consumed
> internally by your firm.
>
> ***[Transfers to related firms]{.underline}***.\--Shipments made to
> related domestic firms.
>
> ***[Export shipments]{.underline}***.\--Shipments to destinations
> outside the United States, including shipments to related firms.

***[Inventories]{.underline}***.\--Finished goods inventory, not raw
materials or work-in-progress.

**[DEFINITIONS]{.underline}*\--Continued***

**The following definitions apply only to the PRODUCER QUESTIONNAIRE.**

***[Average production capacity]{.underline}***.\--The level of
production that your establishment(s) could reasonably have expected to
attain during the specified periods. Assume normal operating conditions
(i.e., using equipment and machinery in place and ready to operate;
normal operating levels (hours per week/weeks per year) and time for
downtime, maintenance, repair, and cleanup; and a typical or
representative product mix).

***[Toll agreement]{.underline}***.\--Agreement between two firms
whereby the first firm furnishes the raw materials and the second firm
uses the raw materials to produce a product that it then returns to the
first firm with a charge for processing costs, overhead, etc.

***[Production]{.underline}***.\--All production in your U.S.
establishment(s), including production consumed internally within your
firm and production for another firm under a toll agreement.

***[PRWs]{.underline}***.\--Production and related workers, including
working supervisors and all nonsupervisory workers (including group
leaders and trainees) engaged in fabricating, processing, assembling,
inspecting, receiving, storage, handling, packing, warehousing,
shipping, trucking, hauling, maintenance, repair, janitorial and guard
services, product development, auxiliary production for plant's own use
(e.g., power plant), recordkeeping, and other services closely
associated with the above production operations.

***[Average number employed]{.underline}***.\--Add the number of
employees, both full-time and part-time, for the 12 pay periods ending
closest to the 15th of the month and divide that total by 12.

***[Hours worked]{.underline}***.\--Include time paid for sick leave,
holidays, and vacation time. Include overtime hours actually worked; do
not convert overtime pay to its equivalent in straight-time hours.

***[Wages paid]{.underline}***.\--Total wages paid before deductions of
any kind (e.g., withholding taxes, old-age and unemployment insurance,
group insurance, union dues, bonds, etc.). Include wages paid directly
by your firm for overtime, holidays, vacations, and sick leave.

***[Fiscal year]{.underline}***.\--The 12-month period between
settlement of your firm's financial accounts.

***[Continued Dumping and Subsidy Offset Act (Byrd Amendment) funds
received]{.underline}***.\--Funds disbursed by the U.S. Customs Service
under the Continued Dumping and Subsidy Offset Act of 2000 (the "Byrd
Amendment"). The Byrd Amendment provides for the annual distribution of
the duties collected pursuant to antidumping and countervailing duty
orders. The distribution is available to "affected domestic producers
for qualifying expenditures."

***[Purchases other than direct imports]{.underline}***.\--Purchases
from U.S. producers, U.S. importers, and other U.S. sources.