[Federal Register Volume 65, Number 209 (Friday, October 27, 2000)]
[Notices]
[Pages 64422-64423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27687]


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

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-832]


Continuation of Antidumping Duty Order: Pure Magnesium From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of Continuation of Antidumping Duty Order: Pure 
Magnesium from the People's Republic of China.

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

SUMMARY: On August 3, 2000, the Department of Commerce (``the 
Department''), pursuant to sections 751(c) and 752 of the Tariff Act of 
1930, as amended (``the Act''), determined that revocation of the 
antidumping duty order on pure magnesium from the People's Republic of 
China (``China''), is likely to lead to continuation or recurrence of 
dumping.\1\
---------------------------------------------------------------------------

    \1\ See Pure Magnesium From the People's Republic of China; 
Final Results of Antidumping Duty Sunset Review, 65 FR 47713 (August 
3, 2000).
---------------------------------------------------------------------------

    On September 12, 2000, the International Trade Commission (``the 
Commission''), pursuant to section 751(c) of the Act, determined that 
revocation of the antidumping duty order on pure magnesium from China 
would be likely to lead to continuation or recurrence of material 
injury to an industry in the United States within a reasonably 
foreseeable time.\2\ Therefore, pursuant to 19 CFR 351.218(f)(4), the 
Department is publishing notice of the continuation of the antidumping 
duty order on pure magnesium from China.
---------------------------------------------------------------------------

    \2\ See Pure Magnesium from China, 65 FR 55047 (September 12, 
2000) and USITC Publication 3346, Investigation No. 731-TA-696 
(Review)(August 2000).

---------------------------------------------------------------------------
Effective Date: October 27, 2000.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Ave., NW, Washington, D.C. 20230;

[[Page 64423]]

telephone: (202) 482-5050 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Background:

    On April 3, 1999, the Department initiated (65 FR 17484), and the 
Commission instituted (65 FR 17531), sunset reviews of the antidumping 
duty order on pure magnesium from China, pursuant to section 751(c) of 
the Act. As a result of its review, the Department found on August 3, 
2000, that revocation of the antidumping duty order on pure magnesium 
from China would likely lead to continuation or recurrence of dumping 
and notified the Commission of the magnitude of the margins likely to 
prevail were the order revoked. See 65 FR 47713 (August 3, 2000).
    On September 12, 2000, the Commission determined, pursuant to 
section 751(c) of the Act, that revocation of the antidumping duty 
order on pure magnesium from China would 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 Magnesium 
from China, 65 FR 55047 (September 12, 2000) and USITC Publication 
3346, Investigation No. 731-TA-696 (Review)(August 2000).

Scope

    The product covered by this order is pure magnesium regardless of 
chemistry, form or size, unless expressly excluded from the scope of 
this order. Primary magnesium is a metal or alloy containing by weight 
primarily the element magnesium and produced by decomposing raw 
materials into magnesium metal. Pure primary magnesium is used 
primarily as a chemical in the aluminum alloying, desulfurization, and 
chemical reduction industries. In addition, pure primary magnesium is 
used as an input in producing magnesium alloy. Pure primary magnesium 
encompasses products (including, but not limited to, butt ends, stubs, 
crowns and crystals) with the following primary magnesium contents: (1) 
Products that contain at least 99.95 percent primary magnesium, by 
weight generally referred to as ``ultra-pure'' magnesium); (2) Products 
that contain less than 99.95 percent but not less than 99.8 percent 
primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and (3) Products (generally referred to as ``off-
specification pure'' magnesium) that contain 50 percent or greater, but 
less than 99.8 percent primary magnesium, by weight, and that do not 
conform to ASTM specifications for alloy magnesium. ``Off-specification 
pure'' magnesium is pure primary magnesium containing magnesium scrap, 
secondary magnesium, oxidized magnesium or impurities (whether or not 
intentionally added) that cause the primary magnesium content to fall 
below 99.8 percent by weight. It generally does not contain, 
individually or in combination, 1.5 percent or more, by weight, of the 
following alloying elements: Aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of this order are alloy primary magnesium 
(that meets specifications for alloy magnesium), primary magnesium 
anodes, granular primary magnesium (including turnings, chips and 
powder), having a maximum physical dimension (i.e., length or diameter) 
of one inch or less, secondary magnesium (which has pure primary 
magnesium content of less than 50 percent by weight), and remelted 
magnesium whose pure primary magnesium content is less than 50 percent 
by weight. Pure magnesium products covered by this order are currently 
classifiable under the Harmonized Tariff Schedule of the United States 
(``HTSUS'') subheadings 8104.11.00, 8104.19.00, 8104.20.00, 8104.30.00, 
8104.90.00, 3824.90.11, 3824.90.19 and 9817.00.90. Although the HTSUS 
subheadings are provided for convenience and customs purposes, our 
written description of the scope is dispositive.
    Since the antidumping duty order was issued, the Department has 
clarified that the scope of the original order includes, but is not 
limited to, butt ends, stubs, crowns and crystals. See May 22, 1997, 
instructions to the Custom Service and November 14, 1997, Final Scope 
Rule of Antidumping Duty Order on Pure Magnesium from China.

Determination

    As a result of the determination by the Department and the 
Commission that revocation of the antidumping duty order would be 
likely to lead to continuation or recurrence of dumping and material 
injury to an industry in the United States, pursuant to section 
751(d)(2) of the Act, the Department hereby orders the continuation of 
the antidumping duty order on pure magnesium from China. The Department 
will instruct the Customs Service to continue to collect antidumping 
duty deposits at the rates in effect at the time of entry for all 
imports of subject merchandise. The effective date of continuation of 
this order will be the date of publication in the Federal Register of 
this Notice of Continuation. Pursuant to section 751(c)(2) and 751 
(c)(6) of the Act, the Department intends to initiate the next five-
year review of this order not later than April 2005.

    Dated: October 23, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-27687 Filed 10-26-00; 8:45 am]
BILLING CODE 3510-DS-P