Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Notices 25691

1The 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.

2Magnesium Corporation of America; Dow

Chemical; International Union of Operating

Engineers, Local 564; and United Steelworkers of

America, Local 8319.

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 ‘‘offspecification 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 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)).

For the determination concerning the

Russian Federation, ministerial errors

were subsequently alleged by

respondent exporter Amalgamet (March

30, 1995) and petitioners 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.

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
25692 Federal Register / Vol. 60, No. 92 / Friday, May 12, 1995 / Notices

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:

Manufacturer/producer/exporter

Weightedaverage

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

Manufacturer/producer/exporter

Weightedaverage

margin percentage

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

[A–834–802]

Agreement Suspending the

Antidumping Investigation on Uranium

From Kazakhstan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Amendment to the

Agreement Between the United States

Department of Commerce and the

Republic of Kazakhstan Suspending the

Antidumping Investigation on Uranium

from Kazakhstan.

SUMMARY: The Department of Commerce

(the Department) and the Republic of

Kazakhstan (Kazakhstan) have signed an

Amendment (the Amendment) to the

Agreement Suspending the

Antidumping Investigation on Uranium

from Kazakhstan (the Agreement).

EFFECTIVE DATE: March 27, 1995.

FOR FURTHER INFORMATION CONTACT: Beth

Chalecki or Maureen Price, Office of

Agreements Compliance, Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Avenue NW., Washington, DC 20230;

telephone: (202) 482–2312 or (202) 482–

0159, respectively.

SUPPLEMENTARY INFORMATION:

Background

On October 16, 1992, the Department

and Kazakhstan signed the Agreement

and, on October 30, 1992, the

Agreement was published in the

Federal Register (57 FR 49220, 49222).

On November 9, 1994, the Department

and Kazakhstan initialed an

Amendment to modify the Appendix A

price-tied quota contained in the

original Agreement. The Amendment

was then released to interested parties

for comment. The Department carefully

considered these comments and held

further consultations with Kazakhstan.

Subsequently, the Department and

Kazakhstan negotiated an Amendment

based upon a different concept than the

one previously initialed. This

Amendment modifies the original pricetied quota mechanism by lowering the

threshold price from $13 to $12, and

redefines Kazakhstani-origin uranium to

include uranium mined in Kazakhstan

and enriched in a third country. On

March 24, 1995, the Department and

Kazakhstan signed a final Amendment,

which was to take effect when the final

signature was added on March 27, 1995.

The text of the final Amendment

follows this notice.

Dated: April 25, 1995.

Joseph A. Spetrini,

Deputy Assistant Secretary for Compliance.

Amendment to the Agreement

Suspending the Antidumping

Investigation on Uranium From

Kazakhstan, as Amended

Pursuant to Section X.B. of the

Agreement Suspending the

Antidumping Investigation on Uranium

from Kazakhstan, as amended on

February 7, 1995 (‘‘Amended

Agreement’’), the parties have consulted

to ensure that exports of Kazakhstani

ore enriched in U235 in another country

prior to direct or indirect importation

into the United States do not undermine

the Amended Agreement. As a result of

these consultations, and to ensure that

such exports do not undermine the

Amended Agreement, the parties agree

as follows:

1. The following definitions are added

to Section II:

(e) ‘‘For consumption’’ means for

further processing (as necessary) and

use as nuclear fuel. Consumption may

include such uses as swaps or

exchanges of material, only where such

swaps or exchanges are documented to

be conducted solely for the purpose of

facilitating the further processing and

use as nuclear fuel by the end-user. The

material shall not be loaned. The