[Federal Register Volume 60, Number 95 (Wednesday, May 17, 1995)]
[Notices]
[Pages 26456-26457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12133]



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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-696-698 (Final)]


Magnesium From China, Russia, and Ukraine

Determinations

    On the basis of the record<SUP>1 developed in the subject 
investigations, the Commission determines, pursuant to section 735(b) 
of the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (the Act), that an 
industry in the United States is materially injured<SUP>2 by reason of 
imports from China, Russia, and Ukraine of pure magnesium,<SUP>3 
provided for in subheading 8104.11.00 of the Harmonized Tariff Schedule 
of the United States (HTS), that have been found by the Department of 
Commerce to be sold in the United States at less than fair value 
(LTFV). The Commission further determines that an industry in the 
United States is not materially injured or threatened with material 
injury, and the establishment of an industry in the United States is 
not materially retarded, by reason of imports from China and Russia of 
alloy magnesium,<SUP>4 provided for in subheading 8104.19.00 of the 
HTS, that have been found by the Department of [[Page 26457]] Commerce 
to be sold in the United States at LTFV.

    \1\The record is defined in Sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
    \2\Chairman Watson, Vice Chairman Nuzum, and Commissioner 
Crawford dissenting.
    \3\Pure magnesium encompasses: (1) Products that contain at 
least 99.95 percent primary magnesium, by weight (generally referred 
to as ``ultra-pure'' magnesium); (2) products containing 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.
    \4\Alloy magnesium contains 50 percent or greater, but less than 
99.8 percent, primary magnesium, by weight, and one or more of the 
following: aluminum, manganese, zinc, silicon, thorium, zirconium, 
and rare earths, in amounts which, individually or in combination, 
constitute not less than 1.5 percent of the material, by weight. 
Products that meet the aforementioned description but do not conform 
to ASTM specifications for alloy magnesium are not included in the 
definition of alloy magnesium. In addition to primary magnesium, 
alloy magnesium may contain magnesium scrap, secondary magnesium, or 
oxidized magnesium in amounts less than the primary magnesium 
itself.
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Background

    The Commission instituted these investigations effective November 
7, 1994, following preliminary determinations by the Department of 
Commerce that imports of magnesium from China, Russia, and Ukraine were 
being sold at LTFV within the meaning of section 733(b) of the Act (19 
U.S.C. Sec. 1673b(b)). Notice of the institution of the Commission's 
investigations and of a public hearing to be held in connection 
therewith was given by posting copies of the notice in the Office of 
the Secretary, U.S. International Trade Commission, Washington, DC, and 
by publishing the notice in the Federal Register of December 7, 1994 
(59 FR 63105). The hearing was held in Washington, DC, on March 28, 
1995, and all persons who requested the opportunity were permitted to 
appear in person or by counsel.
    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on May 5, 1995. The views 
of the Commission are contained in USITC Publication 2885 (May 1995), 
entitled ``Magnesium from China, Russia, and Ukraine: Investigations 
Nos. 731-TA-696-698 (Final).''

    Issued: May 11, 1995.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 95-12133 Filed 5-16-95; 8:45 am]
BILLING CODE 7020-02-P