Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16437

the investigation will be terminated and

all securities posted will be refunded or

canceled. If the ITC determines that

such injury does exist, the Department

will issue an antidumping duty order

directing Customs officials to assess

antidumping duties on all imports of the

subject merchandise entered for

consumption on all after the effective

date of the suspension of liquidation.

This determination is published

pursuant to section 735(d) of the Act

and 19 CFR 353.20(a)(4).

Dated: March 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–7775 Filed 3–29–95; 8:45 am]

BILLING CODE 3510–DS–P

[A–570–832 and A–570–833]

Notice of Final Determinations of sales

at Less Than Fair Value: Pure

Magnesium and Alloy Magnesium

From the People’s Republic of China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

David J. Goldberger or Louis Apple,

Office of Antidumping Investigations,

Import Administration, International

Trade Administration, U.S. Department

of Commerce, 14th Street and

Constitution Avenue NW., Washington,

D.C. 20230; telephone: (202) 482–4136

or (202) 482–1769, respectively.

Final Determinations

The Department of Commerce (the

Department) determines that pure

magnesium and alloy magnesium from

the People’s Republic of China (PRC) are

being, or are likely to be, sold in the

United States at less than fair value

(LTFV), as provided in section 735 of

the Tariff Act of 1930, as amended (the

Act). The estimated margins are shown

in the ‘‘Suspension of Liquidation’’

section of this notice.

Case History

Since the Department announced its

preliminary determinations on October

27, 1994, (59 FR 55424, November 7,

1994) the following events have

occurred:

On October 19, 1994, Min He

Magnesium (Min He), a producer and

exporter of the subject merchandise, and

Xiamen Xing Xia Co. Ltd (Xing Xia), an

exporter of the subject merchandise,

requested that we postpone our final

determinations by 60 days pursuant to

19 CFR 353.20(b)(1). On November 7,

1994, we published a notice postponing

the final determinations (59 FR 55424).

In January, 1995, we conducted

verification of the questionnaire

responses at Min He and Xing Xia. On

February 10, 1995, petitioner filed a

case brief. On February 17, 1995,

respondents filed a rebuttal brief and

petitioner withdrew its request for a

public hearing.

Scopes of Investigations

The scopes of these investigations

have been modified since the

preliminary determination in order to

clarify the distinctions between pure

magnesium and alloy magnesium. See

Comment 1 in the ‘‘Interested Party

Comments’’ section of this notice,

below.

A. Pure Magnesium

The product covered by this

investigation is pure primary

magnesium regardless of chemistry,

form or size, unless expressly excluded

from the scope of this investigation.

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 this

investigation 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 2mm 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 this

investigation 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.

B. Alloy Magnesium

The product covered by this

investigation is alloy primary

magnesium regardless of chemistry,

form or size, unless expressly excluded

from the scope of this investigation.

Primary magnesium is a metal or alloy

containing by weight primarily the

element magnesium and produced by

decomposing raw materials into

magnesium metal.

Alloy magnesium products are

produced by adding alloying elements

to pure magnesium in order to alter the

mechanical and physical properties of

the magnesium to make it suitable for

use as a structural material. Alloy

magnesium is used primarily for casting

or in wrought form. It is harder and
16438 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

stronger than pure magnesium and may

possess a higher corrosion resistance.

This investigation covers alloy

primary magnesium which contains

50% or greater, but less than 99.8%,

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% 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

scope of this investigation. In addition

to primary magnesium, alloy

magnesium may contain magnesium

scrap, secondary magnesium, or

oxidized magnesium in amounts less

than the primary magnesium itself.

Alloy primary magnesium is cast and

sold in various physical forms and sizes,

including ingots, slabs, rounds, billets

and other shapes.

Excluded from the scope of this

investigation are pure 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

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 2mm 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 1mm. (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

include products having a maximum

physical dimension (i.e., length or

diameter) or 1 inch or less.

The products subject to this

investigation are classifiable under

subheadings 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.

Periods of Investigation

The period of investigation (POI) for

pure magnesium is April 1, 1993

through March 31, 1994. The POI for

alloy magnesium is September 1, 1992

through March 31, 1994.

Best Information Available (BIA)

The Department’s antidumping

questionnaire was sent to seven

companies located in the PRC, in

addition to the copy sent to the Ministry

of Foreign Trade and Economic

Cooperation. Of these seven companies,

responses were received from only one,

Min He. Two companies, Luoyang

Copper Working Plant and Northeast

Light Alloy Fabrication Plant, replied

that they did not export the subject

merchandise. Two companies, Harbin

Non-Ferrous Metal Smelter and Fushun

Aluminum Smelter, did not respond to

the questionnaires at all and the

questionnaires sent to the other two

companies, Yingkou Magnesium Works

and Tongling Copper Smelter, were

returned as undeliverable. Another

company, Xing Xia, was accepted by the

Department as a voluntary respondent.

In investigations involving imports

from non-market economy countries,

unless respondents request and qualify

for separate rates, we apply the same

rate to all exports from that country and

treat responses from individual

companies as single consolidated

response. Since none of the respondents

requested a separate rate in either the

pure magnesium or alloy magnesium

investigation, all respondents are treated

as one entity for the purposes of

assigning an antidumping margin in

each investigation.

At the time of the preliminary

determination, it was unclear whether

there were nonresponding potential

exporters during the POI. Since the

preliminary determination, we have

identified nonresponding potential

exporters. The required consolidated

response in this case is incomplete

because these companies failed to

respond to the Department’s

questionnaire. Moreover, the portion of

the response that was submitted, (i.e.

Min He and Xing Xia) failed to verify.

(see verification reports dated February

3, 1995)

Although the participating

respondents, Min He and Xing Xia, did

attempt to cooperate with the

Department’s requests for

documentation during their respective

verifications, they were not able to do so

and the Department was unable to verify

the accuracy and completeness of the

information reported in their

questionnaire responses. Therefore, the

Department must assign an antidumping

margin on the basis of BIA pursuant to

section 776 (b) and (c) of the Act.

In determining what to use as BIA, the

Department follows a two-tiered

methodology, whereby the Department

normally assigns less adverse margins to

those respondents that cooperated in an

investigation and more adverse margins

to those respondents that did not

cooperate in an investigation. The

Department’s two-tiered methodology

for assigning BIA has been upheld by

the U.S. Court of Appeals for the

Federal Circuit. (See Allied Signal v.

United States, 996 F.2d 1185 (Fed. Cir.

1993) (June 22, 1993)). In this case, the

Department has determined that the

respondent, a single entity as explained

above, is uncooperative because known

exporters did not respond to the

Department’s questionnaire. This fact

impeded significantly the Department’s

investigation.

When a respondent is uncooperative,

the Department normally uses as BIA

the higher of 1) the highest margin in

the petition; 2) the highest margin

calculated for any other respondent

within the same country for the same

class or kind of merchandise; or 3) the

estimated margin found for the affected

firm in the preliminary determination.

(See Final Determination of Sales at

Less Than Fair Value: Antifriction

Bearings (other than Tapered Roller

Bearings) and Parts Thereof from the

Federal Republic of Germany, 54 FR

1892, 19033 (1989)). In this

investigation, the preliminary

determination margins are higher than

the petition margins, as revised in the

initiation notice. (See Initiation of

Antidumping Duty Investigations: Pure

and Alloy Magnesium From the

People’s Republic of China, the Russian

Federation, and Ukraine (59 FR 21748,

April 26, 1994). Therefore, as BIA, we

are assigning to all exporters of PRC

pure magnesium and ally magnesium

the rates calculated in the preliminary

determinations. (see Final

Determination of Sales at Less Than Fair

Value: Certain Hot-Rolled Carbon Steel

Flat Products, Certain Cold-Rolled

Carbon Steel Flat Products, and Certain

Cut-to-Length Carbon Steel Plated From

Belgium (58 FR 37083, July 9, 1993).

(For further discussion of BIA, see

Comment 2)
Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices 16439

Verification

As provided in section 776(b) of the

Act, we attempted to verify all

information submitted by respondents

for use in our final determinations. We

used standard verification procedures,

including examination of relevant

accounting records and original source

documents provided by respondents.

However, as noted above, we were not

able to verify the accuracy and

completeness of the respondents’

submissions.

Interested Party Comments

Comment 1

Petitioners contend that the

Department should clarify the scopes in

these proceedings. Petitioners argue that

‘‘off-specification’’ pure magnesium

(i.e., magnesium that is less than 99.8%

pure magnesium but that otherwise can

be and is considered pure magnesium

by consumers) should be considered

within the scope of the pure magnesium

proceeding instead of within the scope

of the alloy magnesium proceeding.

Petitioners propose revised scopes to

achieve this end.

Respondents argued that petitioners’

request for ‘‘clarification’’ of scope was

untimely. They further argued that

petitioners concerns about

circumvention are merely speculative

because no order yet exists as a result

of this investigation. Furthermore,

respondents stated that petitioners

should have their concerns addressed in

a request for scope review or an

anticircumvention investigation.

DOC Position

We agree with petitioners that some

magnesium, despite not meeting the

normal definition (based on magnesium

content) of pure magnesium,

nevertheless may be used in

applications that normally require pure

magnesium. In fact, the record in this

case show sales of such magnesium

were supplied to fulfill orders for pure

magnesium.

We therefore have revised the scopes

of these investigations to include this

off-specification pure magnesium

within the definition of pure

magnesium, described as any product

(1) that is 50 percent or more primary

magnesium, and (2) that does not meet

any ASTM definition of alloy

magnesium (based on specific

percentages of one or more alloying

agents).

We not that our consultations with

the Bureau of Mines established that the

industry standards for alloy magnesium

are ASTM standards. (See Final

Calculation Memorandum of the

concurrent investigations of pure

magnesium and alloy magnesium from

the Russian Federation and ally

magnesium from the Ukraine).

Consequently, we have not adopted

petitioner’s proposed scope language

that would describe off-specification

pure magnesium as any product, inter

alia, that does not meet ASTM

standards or other industry standards.

Although ASTM standards define

pure magnesium as not less than 99.8

percent magnesium, metal with a

primary magnesium content below that

level should be captured in the scope of

the pure magnesium investigations if it

cannot legitimately be defined as a

specific ASTM alloy magnesium.

The fact that both scopes capture only

merchandise with primary magnesium

content of 50 percent or greater means

that merchandise composed of 50

percent or more secondary magnesium

would not fall within either scope.

Comment 2

Petitioners state that the Department

should base the dumping margins for all

producers and exporters of magnesium

from the PRC on BIA, and argue that the

BIA rate should be calculated using the

factors data found at verification and the

lowest United States price in the

petition. At verification we found

discrepancies in the factor usage data,

the additional unreported factors, as

well as, mis-reported data on labor and

electricity. However, if the suggested

methodology is not used, petitioners

argue that the Department should not

use as BIA a rate lower than the highest

rate alleged in the petition.

Min He and Xing Xia argue that,

although that they were unable to

provide all of the information requested

by the Department, they were

cooperative and provided timely

responses. In view of this cooperation,

they argue the Department should not

resort to the punitive first tier BIA.

Instead, the Department should base its

BIA rate on the margins alleged in the

petition. They also argue that since the

Department was unable to verify the

information reported, it must revert to

BIA from the petition and publicly

available sources, and thus not use facts

found at verification to calculate the

foreign market value.

DOC Position

The Department does not agree that

respondents should be granted

cooperative BIA rates. As stated above,

because no exporter is being granted a

separate dumping margin, we are

assigning one country-wide margin in

each of the investigations. Given that

certain exporters failed to respond to

our questionnaire, we are assigning an

uncooperative BIA rate, pursuant to our

long-standing practice.

Petitioners have asked the Department

to depart from its standard practice and

adjust this BIA rate based on

information discovered at verification.

Petitioners are essentially asking the

Department to adjust the BIA rate to

make it more accurate. However, it is a

generally accepted principle that BIA

‘‘is not necessarily accurate information,

* * * [but rather is] * * * information

which becomes usable because

respondent has failed to provide

accurate information.’’ (See Association

Columbiana de Exportadoras de Flores

v. United States, 704 F. Supp. 1114,

1126 (Ct. Int’l Trade 1989), rev’d in part

on remand, 717 F. Supp. 834 (Ct. Int’l

Trade 1989), aff’d on other grounds, 901

F.2d 1089 (Fed Cir. 1990) cert. denied,

111 S. Ct. 136 (1990)). The Department’s

practice is to apply, as BIA, the highest

margin already calculated and not to

engage in the exercise of attempting to

calculate the highest possible margin.

The purpose of resorting to BIA is not

to be punitive but to encourage

respondents to properly respond to the

Department’s requests for information.

The Department believes that the

108.26% rate for pure magnesium and

79.38% rate for alloy magnesium

accomplish this purpose.

Continuation of Suspension of

Liquidation

In accordance with sections 733(d)(1)

of the Act, we are directing the Customs

Service to continue to suspend

liquidation of all entries of pure

magnesium and alloy magnesium from

the PRC that are entered, or withdrawn

from warehouse, from consumption on

or after November 7, 1994, which is the

date of publication of our notice of

preliminary determination in the

Federal Register. The Customs Service

shall in each proceeding, require a cash

deposit or posting of a bond equal to

108.26 percent ad valorem on all entries

of certain pure magnesium from the PRC

and 79.38 percent ad valorem on all

entries of certain alloy magnesium from

the PRC. This suspension of liquidation

will remain in effect until further notice.

ITC Notification

In accordance with section 735(d) of

the Act, we have notified the ITC of our

determinations. As our final

determinations are affirmative, the ITC

will within 45 days determine whether

imports of either product are materially

injuring, or threaten material injury to,

the U.S. industry. In each proceeding, if

the ITC determines that material injury,

or threat of material injury does not
16440 Federal Register / Vol. 60, No. 61 / Thursday, March 30, 1995 / Notices

1Section A requested general information on each

company; and section C requested information on,

and a listing of, U.S. sales made during the period

of investigation (‘‘POI’’).

exist, that proceeding will be terminated

and all securities posted will be

refunded or cancelled. If, in either

proceeding, the ITC determines that

such injury does exist, the Department

will issue an antidumping duty order

for the appropriate proceeding directing

Customs officials to assess antidumping

duties on all imports of the subject

merchandise entered for consumption

on or after the effective date of the

suspension of liquidation.

These determinations are published

pursuant to section 735(d) of the Act

and 19 CFR 353.20(a)(4).

Dated: March 22, 1995.

Susan G. Esserman,

Assistant Secretary for Import

Administration.

[FR Doc. 95–7776 Filed 3–29–95; 8:45 am]

BILLING CODE 3510–DS–P

(A–821–805, A–821–806)

Notice of Final Determinations of Sales

at Less Than Fair Value: Pure

Magnesium and Alloy Magnesium

From the Russian Federation

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: March 30, 1995.

FOR FURTHER INFORMATION CONTACT:

Ellen Grebasch, Dorothy Tomaszewski

or Erik Warga, 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) 482–3773, (202) 482–0631 or (202)

482–0922, respectively.

Final Determination

We determine that imports of pure

magnesium and alloy magnesium from

the Russian Federation are being, or are

likely to be, sold in the United States at

less than fair value (‘‘LTFV’’), as

provided in section 733 of the Tariff Act

of 1930, as amended (‘‘the Act’’). The

estimated margins are shown in the

‘‘Continuation of Suspension of

Liquidation’’ section of this notice.

Case History

Since the preliminary determination

on October 27, 1994 (59 FR 55420,

November 7, 1994), the following events

have occurred:

In December 1994, we issued sections

A and C of our antidumping

questionnaire 1 to respondent exporters

Amalgamet Canada, Greenwich Metals,

and Hochschild Partners. These

companies provided responses to these

questionnaires in December 1994 and

January 1995.

All participating respondents’ (in

each proceeding) supplemental

questionnaire responses were received

and verifications were conducted as

detailed in Appendix I.

On January 31, 1995, we amended our

preliminary determinations to correct

for certain ministerial errors (60 FR

7519, February 8, 1995).

Certain respondents (Amalgamet

Canada, AVISMA, SMW, Gerald Metals,

Greenwich Metals and Hochschild

Partners) and petitioners filed case

briefs. Rebuttal briefs were submitted by

petitioners and the following

respondents: Amalgamet Canada,

AVISMA, SMW, Razno, Interlink, &

AIOC, Gerald Metals, Greenwich Metals,

and Hochschild Partners. A public

hearing was held on February 28, 1995.

Scopes of Investigations

The scopes of these investigations

have been modified since the

preliminary determination in order to

clarify the distinctions between pure

magnesium and alloy magnesium. See

Comment 9 in the ‘‘Interested Party

Comments’’ section of this notice,

below.

A. Pure Magnesium

The product covered by this

investigation is pure primary

magnesium regardless of chemistry,

form or size, unless expressly excluded

from the scope of this investigation.

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 this

investigation 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 2mm 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 1mm. (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 this

investigation 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.

B. Alloy Magnesium

The product covered by this

investigation is alloy primary

magnesium regardless of chemistry,

form or size, unless expressly excluded