[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]               
[Page 19969]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-81]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-1071 and 1072 (Final)]

 
Magnesium From China and Russia

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
(Commission) determines, pursuant to section 735(b) of the Tariff Act 
of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry in the United 
States is materially injured by reason of imports from China and Russia 
of magnesium,\2\ provided for in subheadings 8104.11.00, 8104.19.00, 
8104.30.00, and 8104.90.00 of the Harmonized Tariff Schedule of the 
United States, that have been found by the Department of Commerce 
(Commerce) to be sold in the United States at less than fair value 
(LTFV). With regard to U.S. imports from China, the Commission also 
makes a negative finding with regard to critical circumstances.
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioners Marcia E. Miller and Jennifer A. Hillman voted 
with the majority, except that they found granular magnesium to be a 
separate like product and found subject imports of granular 
magnesium from Russia to be negligible.
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Background

    The Commission instituted these investigations effective February 
27, 2004, following receipt of a petition filed with the Commission and 
Commerce by US Magnesium Corp. (``US Magnesium''), Salt Lake City, UT; 
the United Steelworkers of America, Local 8319, Salt Lake City, UT; and 
the Glass, Molders, Pottery, Plastics & Allied Workers International, 
Local 374, Long Beach, CA. The final phase of these investigations was 
scheduled by the Commission following notification of preliminary 
determinations by Commerce that imports of magnesium from China and 
Russia were being sold at LTFV within the meaning of section 733(b) of 
the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the final 
phase 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 
October 21, 2004 (69 FR 61860). The hearing was held in Washington, DC, 
on February 23, 2005, 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 April 11, 2005. The 
views of the Commission are contained in USITC Publication 3763 (April 
2005), entitled Magnesium from China and Russia: Investigation Nos. 
731-TA-1071 and 1072 (Final).

    Issued: April 11, 2005.

    By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 05-7600 Filed 4-14-05; 8:45 am]

BILLING CODE 7020-02-P