[Federal Register Volume 60, Number 92 (Friday, May 12, 1995)]
[Notices]
[Pages 25691-25692]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11808]



[[Page 25691]]

DEPARTMENT OF COMMERCE

International Trade Administration
[A-821-805, A-823-806, A-570-832]


Notice of Antidumping Duty Orders: Pure Magnesium From the 
People's Republic of China, the Russian Federation and Ukraine; Notice 
of Amended Final Determination of Sales at Less Than Fair Value: 
Antidumping Duty Investigation of Pure Magnesium From the Russian 
Federation

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

EFFECTIVE DATE: May 12, 1995.

FOR FURTHER INFORMATION CONTACT: Louis Apple, Office of Antidumping 
Investigations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 
482-1769.

Scope of Orders

    The product covered by these orders is pure primary magnesium 
regardless of chemistry, form or size, unless expressly excluded from 
the scope of these orders. 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:

    (1) Products that contain at least 99.95% primary magnesium, by 
weight (generally referred to as ``ultra-pure'' magnesium);
    (2) Products containing less than 99.95% but not less than 99.8% 
primary magnesium, by weight (generally referred to as ``pure'' 
magnesium); and
    (3) Products (generally referred to as ``off-specification 
pure'' magnesium) that contain 50% or greater, but less than 99.8% 
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% by weight. It generally does not 
contain, individually or in combination, 1.5% or more, by weight, of 
the following alloying elements: aluminum, manganese, zinc, silicon, 
thorium, zirconium and rare earths.
    Excluded from the scope of these orders are alloy primary 
magnesium, primary magnesium anodes, granular primary magnesium 
(including turnings and powder), and secondary magnesium.
    Granular magnesium, turnings, and powder are classifiable under 
Harmonized Tariff Schedule of the United States (HTSUS) subheading 
8104.30.00. Magnesium granules and turnings (also referred to as chips) 
are produced by grinding and/or crushing primary magnesium and thus 
have the same chemistry as primary magnesium. Although not susceptible 
to precise measurement because of their irregular shapes, turnings or 
chips are typically produced in coarse shapes and have a maximum length 
of less than 1 inch. Although sometimes produced in larger sizes, 
granules are more regularly shaped than turnings or chips, and have a 
typical size of 2 mm in diameter or smaller.
    Powders are also produced from grinding and/or crushing primary 
magnesium and have the same chemistry as primary magnesium, but are 
even smaller than granules or turnings. Powders are defined by the 
Section Notes to Section XV, the section of the HTSUS in which 
subheading 8104.30.00 appears, as products of which 90 percent or more 
by weight will pass through a sieve having a mesh aperture of 1 mm. 
(See HTSUS, Section XV, Base Metals and Articles of Base Metals, Note 
6(b).) Accordingly, the exclusion of magnesium turnings, granules and 
powder from the scope includes products having a maximum physical 
dimension (i.e., length or diameter) of 1 inch or less.
    The products subject to these orders are classifiable under 
subheadings 8104.11.00, 8104.19.00 and 8104.20.00 of the HTSUS. 
Although the HTSUS subheadings are provided for convenience and customs 
purposes, our written description of the scope is dispositive.

Case History

    On March 22, 1995, the Department of Commerce (``the Department'') 
made its final determinations that pure magnesium<SUP>1 from the PRC, 
the Russian Federation, and Ukraine was being sold at less than fair 
value (see Final Determination of Sales at Less Than Fair Value: Pure 
Magnesium from Ukraine; Final Determinations of Sales at Less Than Fair 
Value: Pure Magnesium and Alloy Magnesium from the People's Republic of 
China; Final Determinations of Sales at Less Than Fair Value: Pure 
Magnesium and Alloy Magnesium from the Russian Federation (60 FR 16432, 
March 30, 1995)).

    \1\The companion investigations involving alloy magnesium from 
the PRC and the Russian Federation ended as a result of the 
International Trade Commission's final negative injury 
determinations in those proceedings.
---------------------------------------------------------------------------

    For the determination concerning the Russian Federation, 
ministerial errors were subsequently alleged by respondent exporter 
Amalgamet (March 30, 1995) and petitioners<SUP>2 (April 7, 1995). On 
April 25, 1995, the Department found that none of the allegations 
constituted a ministerial error with the exception of petitioners' 
allegation that the ``Continuation of Suspension of Liquidation'' 
section of the notice had incorrectly listed Amalgamet as one of the 
companies excluded from an antidumping duty order. The ``Continuation 
of Suspension of Liquidation'' instructions also were incorrect in that 
they did not specify that the exclusion applicable to AIOC, Gerald 
Metals, Greenwich Metals, Hochschild Partners, Hunter Douglas, 
Interlink, MG Metals, Razno Alloys and SMW is limited to instances 
where these companies source the subject merchandise from the same 
producer(s) that they sourced from during the POI.

    \2\Magnesium Corporation of America; Dow Chemical; International 
Union of Operating Engineers, Local 564; and United Steelworkers of 
America, Local 8319.
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Amendment of Final Determination

    The Department is amending its final determination of pure 
magnesium from the Russian Federation. The ``Continuation of Suspension 
of Liquidation'' instructions should read as follows:

    Because their sales of pure magnesium were found not to have 
been sold below fair value, the following exporters are excepted 
from these instructions where they sell subject merchandise produced 
by the same producer or producers that produced merchandise from 
which the exporters' sales were sourced during the original period 
of investigation: AIOC, Gerald Metals, Greenwich Metals, Hochschild 
Partners, Hunter Douglas, Interlink, MG Metals, Razno Alloys, or 
SMW.

Antidumping Duty Orders

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (``the Act''), the Department made its final determinations 
that pure magnesium from the People's Republic of China, Russian 
Federation and Ukraine is being sold at less than fair value. On May 8, 
1995, the International Trade Commission (``ITC'') notified the 
Department of its final determination, pursuant to section 
735(b)(1)(A)(i) of the Act, that an industry in the United 
[[Page 25692]] States is materially injured by reason of imports of 
pure magnesium from the PRC, the Russian Federation and Ukraine. (The 
ITC also determined that imports of alloy magnesium from the PRC and 
the Russian Federation did not materially injure, or threaten material 
injury to, an industry in the United States.)
    Therefore, all unliquidated entries of pure magnesium from the 
People's Republic of China, the Russian Federation and Ukraine that are 
entered, or withdrawn from warehouse for consumption, on or after 
November 7, 1994, the date of publication of the Department's 
preliminary determination, are liable for the assessment of antidumping 
duties.
    In accordance with section 736(a)(1) of the Act, the Department 
will direct Customs officers to assess, upon further advice by the 
administering authority, antidumping duties equal to the amount by 
which the foreign market value exceeds the United States price for all 
relevant entries of pure magnesium from the People's Republic of China, 
the Russian Federation, and Ukraine. Customs officers must require, at 
the same time as importers would normally deposit estimated duties on 
this merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as noted below. The ``PRC-wide,'' 
``Russia-wide'' and ``Ukraine-wide'' rates apply to all exporters of 
PRC, Russian and Ukrainian pure magnesium not specifically listed 
below.
    The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted- 
                                                               average  
               Manufacturer/producer/exporter                   margin  
                                                              percentage
------------------------------------------------------------------------
The People's Republic of China: PRC-wide Rate..............       108.26
The Russian Federation:                                                 
  AIOC/Avisma..............................................         0.00
  AIOC/SMW.................................................         0.00
  AIOC/Other...............................................       100.25
  Gerald Metals/Avisma.....................................         0.00
  Gerald Metals/SMW........................................         0.00
  Gerald Metals/Other......................................       100.25
  Greenwich Metals/Avisma..................................         0.00
  Greenwich Metals/SMW.....................................         0.00
  Greenwich Metals/Other...................................       100.25
  Hochschild Partners/Avisma...............................         0.00
  Hochschild Partners/SMW..................................         0.00
  Hochschild Partners/Other................................       100.25
  Hunter Douglas/SMW.......................................         0.00
  Hunter Douglas/Other.....................................       100.25
  Interlink/Avisma.........................................         0.00
  Interlink/Other..........................................       100.25
  MG Metals/Avisma.........................................         0.00
  MG Metals/SMW............................................         0.00
  MG Metals/Other..........................................       100.25
  Razno Alloys/SMW.........................................         0.00
  Razno Alloys/Other.......................................       100.25
  SMW/SMW..................................................         0.00
  SMW/Other................................................       100.25
  Russia-wide Rate.........................................       100.25
Ukraine:                                                                
  Gerald Metals............................................       103.27
  MG Metals................................................        79.87
  Hochschild Partners......................................        92.21
  Ukraine-wide Rate........................................       104.27
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
pure magnesium from the PRC, the Russian Federation and Ukraine. 
Interested parties may contact the Central Records Unit, Room B-099 of 
the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    These orders are published in accordance with section 736(a) of the 
Act and 19 CFR 353.21.

    Dated: May 8, 1995.
Susan G. Esserman,
Assistant Secretary for Import Administration.
[FR Doc. 95-11808 Filed 5-11-95; 8:45 am]
BILLING CODE 3510-DS-P