[Federal Register Volume 66, Number 107 (Monday, June 4, 2001)]
[Notices]
[Pages 29987-29988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13967]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-403 and 731-TA-895-897 (Final)]


Pure Magnesium From China, Israel, and Russia

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of an antidumping investigation.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 701-TA-403 and 731-TA-
895-896 (Final) under section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)) (the Act) to determine whether an industry in the 
United States is materially injured or threatened with material injury, 
or the establishment of an industry in the United States is materially 
retarded, by reason of countervailable subsidies by the government of 
Israel and by less-than-fair-value imports from China and Israel of 
pure magnesium, provided for in subheading 8104.11.00, 8104.19.00, and 
8104.30.00 of the Harmonized Tariff Schedule of the United States.\1\ 
Section 207.21(b) of the Commission's rules provides that, where the 
Department of Commerce has issued a negative preliminary determination, 
the Commission will not publish a notice of scheduling for the final 
phase of its investigation unless and until it receives an affirmative 
final determination from Commerce.
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    \1\ For purposes of this investigation, the Department of 
Commerce has defined the subject merchandise as ``pure magnesium 
products, regardless of chemistry, including, without limitation, 
raspings, granules, turnings, chips, powder, and briquettes, except 
as noted above. Pure magnesium includes: (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 pure 
magnesium, by weight (generally referred to as ``pure'' magnesium); 
(3) chemical combinations of pure magnesium and other material(s) in 
which the pure magnesium content is 50 percent or greater, but less 
than 99.8 percent, by weight, and that do not conform to an ``ASTM 
Specification for Magnesium Alloy'' (generally referred to as ``off-
specification pure'' magnesium); and (4) physical mixtures of pure 
magnesium and other material(s) in which the pure magnesium content 
is 50 percent or greater, but less than 99.8 percent, by weight, 
except that mixtures containing 90 percent or less pure magnesium, 
by weight, when mixed with lime, calcium metal, calcium silicon, 
calcium carbide, calcium carbonate, carbon slag coagulants, and/or 
fluorspar, are excluded. The merchandise subject to this 
investigation is classifiable under 8104.30.00 of the Harmonized 
Tariff Schedule (``HTS''). Although the HTS subheading is provided 
for convenience and customs purposes, the written description of the 
merchandise under investigation is dispositive.''
    There is an existing antidumping duty order on pure magnesium 
from China. See 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, 60 FR 25691 (May 12, 1995). The scope of 
this investigation excludes pure magnesium that is already covered 
by the existing order, and classifiable under 8104.11.00 and 
8104.19.00 of the HTS.
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    Although the Department of Commerce has preliminarily determined 
that pure magnesium from Russia is not being sold, nor is likely to be 
sold, in the United States at less than fair value, for purposes of 
efficiency the Commission hereby waives rule 207.21(b) and gives notice 
of the scheduling of the final phase of the antidumping investigation 
No. 731-TA-897 (Final) under section 735(b) of the Act. The Commission 
is taking this action so that the final phases of the antidumping 
investigations may proceed concurrently in the event that Commerce 
makes a final affirmative antidumping determination with respect to 
Russia. If Commerce makes a final negative antidumping determination 
with respect to Russia, the Commission will terminate its antidumping 
investigation under section 735(c)(2) of the Act (19 U.S.C. 
1673d(c)(2)), and Sec. 207.2(d) of the Commission's rules.
    For further information concerning the conduct of this phase of 
these investigations, hearing procedures, and rules of general 
application, consult the Commission's rules of practice and procedure, 
part 201, subparts A through E (19 CFR part 201), and part 207, 
subparts A and C (19 CFR part 207).

EFFECTIVE DATE: April 27, 2001.

FOR FURTHER INFORMATION CONTACT: Christopher J. Cassise (202-708-5408), 
Office of Investigations, U.S. International Trade Commission, 500 E 
Street SW., Washington, DC 20436. Hearing-impaired persons can obtain 
information on this matter by contacting the Commission's TDD terminal 
on 202-205-1810. Persons with mobility impairments who will need 
special assistance in gaining access to the Commission should contact 
the Office of the Secretary at 202-205-2000. General information 
concerning the Commission may also be obtained by accessing its 
internet server (http://www.usitc.gov). The public record for this 
investigation may be viewed on the Commission's electronic docket 
(EDIS-ON-LINE) at http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

Background

    The final phase of this investigation is being scheduled as a 
result of an affirmative preliminary determination by the Department of 
Commerce that imports of pure magnesium from China and Israel are being 
sold in the United States at less than fair value within the meaning of 
section 733 of the Act (19 U.S.C. 1673b) and that countervailable 
subsidies are being provided to producers and exporters of pure 
magnesium by the government of Israel within the meaning of section 703 
(19 U.S.C. 1671b). The investigation was requested in a petition filed 
on October 17, 2000, by Magnesium Corporation of America, Salt Lake 
City, UT, the United Steel Workers of America, Local 8319, Salt Lake 
City, UT, and the United Steel Workers of America, AFL-CIO-CLC (USWA 
International).
    Participation in the investigation and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of this

[[Page 29988]]

investigation as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of the investigation need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigation.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will 
make BPI gathered in the final phase of this investigation available to 
authorized applicants under the APO issued in the investigation, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigation. A party granted access to BPI in the 
preliminary phase of the investigation need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
this investigation will be placed in the nonpublic record on August 30, 
2001, and a public version will be issued thereafter, pursuant to 
Sec. 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of this investigation beginning at 9:30 a.m. on September 
13, 2001, at the U.S. International Trade Commission Building. Requests 
to appear at the hearing should be filed in writing with the Secretary 
to the Commission on or before September 5, 2001. A nonparty who has 
testimony that may aid the Commission's deliberations may request 
permission to present a short statement at the hearing. All parties and 
nonparties desiring to appear at the hearing and make oral 
presentations should attend a prehearing conference to be held at 9:30 
a.m. on September 10, 2001, at the U.S. International Trade Commission 
Building. Oral testimony and written materials to be submitted at the 
public hearing are governed by Secs. 201.6(b)(2), 201.13(f), and 207.24 
of the Commission's rules. Parties must submit any request to present a 
portion of their hearing testimony in camera no later than 7 days prior 
to the date of the hearing.
    Written submissions.--Each party who is an interested party shall 
submit a prehearing brief to the Commission. Prehearing briefs must 
conform with the provisions of Sec. 207.23 of the Commission's rules; 
the deadline for filing is September 7, 2001. Parties may also file 
written testimony in connection with their presentation at the hearing, 
as provided in Sec. 207.24 of the Commission's rules, and posthearing 
briefs, which must conform with the provisions of Sec. 207.25 of the 
Commission's rules. The deadline for filing posthearing briefs is 
September 20, 2001; witness testimony must be filed no later than three 
days before the hearing. In addition, any person who has not entered an 
appearance as a party to the investigation may submit a written 
statement of information pertinent to the subject of the investigation 
on or before September 20, 2001. On October 11, 2001, the Commission 
will make available to parties all information on which they have not 
had an opportunity to comment. Parties may submit final comments on 
this information on or before October 15, 2001, but such final comments 
must not contain new factual information and must otherwise comply with 
Sec. 207.30 of the Commission's rules. All written submissions must 
conform with the provisions of Sec. 201.8 of the Commission's rules; 
any submissions that contain BPI must also conform with the 
requirements of Secs. 201.6, 207.3, and 207.7 of the Commission's 
rules. The Commission's rules do not authorize filing of submissions 
with the Secretary by facsimile or electronic means.
    In accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigation must be 
served on all other parties to the investigation (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: This investigation is being conducted under authority 
of title VII of the Tariff Act of 1930; this notice is published 
pursuant to Sec. 207.21 of the Commission's rules.

    Issued: May 29, 2001.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-13967 Filed 6-1-01; 8:45 am]
BILLING CODE 7020-02-P