[Federal Register: April 15, 2005 (Volume 70, Number 72)]
[Notices]
[Page 19930-19931]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ap05-29]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-821-819]
Notice of Antidumping Duty Order: Magnesium Metal From the
Russian Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final determinations by the Department of
Commerce (the Department) and the U.S. International Trade Commission
(ITC), the Department is issuing an antidumping duty order on magnesium
metal from the Russian Federation (Russia). On April 11, 2005, the ITC
notified the Department of its affirmative determination of injury to a
U.S. industry (Magnesium from China and Russia, Investigations Nos.
731-TA-1071 and 1072 (Final), Publication 3763, April 2005).
EFFECTIVE DATE: April 15, 2005.
FOR FURTHER INFORMATION CONTACT: Mark Hoadley, Kimberley Hunt, or
Joshua Reitze at (202) 482-3148, (202) 482-1272, and (202) 482-0666,
respectively; AD/CVD Operations, Office 6, Import Administration,
International Trade Administration, U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW., Washington, DC 20230.
SUPPLEMENTARY INFORMATION
Background
The final determination in this investigation was published on
February 24, 2005. See Magnesium Metal From the Russian Federation:
Notice of Final Determination of Sales at Less Than Fair Value, 70 FR
9041 (February 24, 2005) (Final Determination). An amended final
determination was published on March 29, 2005, to correct ministerial
errors which occurred in the calculation of the rates as published in
the Final Determination. See Magnesium Metal From the Russian
Federation: Notice of Amended Final Determination of Sales at Less Than
Fair Value, 70 FR 15837 (March 29, 2005) (Amended Final Determination).
In the Amended Final Determination, the Department amended the rate of
one respondent as well as the all others' rate.
Scope of the Order
The merchandise covered by this order is magnesium metal (also
referred to as magnesium), which includes primary and secondary pure
and alloy magnesium metal, regardless of chemistry, raw material
source, form, shape, or size. Magnesium is a metal or alloy containing
by weight primarily the element magnesium. Primary magnesium is
produced by decomposing raw materials into magnesium metal. Secondary
magnesium is produced by recycling magnesium-based scrap into magnesium
metal. The magnesium covered by this order includes blends of primary
and secondary magnesium.
The subject merchandise includes the following pure and alloy
magnesium metal products made from primary and/or secondary magnesium,
including, without limitation, magnesium cast into ingots, slabs,
rounds, billets, and other shapes, and magnesium ground, chipped,
crushed, or machined into raspings, granules, turnings, chips, powder,
briquettes, and other shapes: (1) Products that contain at least 99.95
percent 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 magnesium, by weight (generally referred to as
``pure'' magnesium); and (3) chemical combinations of magnesium and
other material(s) in which the magnesium content is 50 percent or
greater, but less than 99.8 percent, by weight, whether or not
conforming to an ``ASTM Specification for Magnesium Alloy.''
The scope of this order excludes: (1) Magnesium that is in liquid
or molten form; and (2) mixtures containing 90 percent or less
magnesium in granular or powder form by weight and one or more of
certain non-magnesium granular materials to make magnesium-based
reagent mixtures, including lime, calcium metal, calcium silicon,
calcium carbide, calcium carbonate, carbon, slag coagulants, fluorspar,
nephaline syenite, feldspar, alumina (Al203), calcium aluminate, soda
ash, hydrocarbons, graphite, coke, silicon, rare earth metals/
mischmetal, cryolite, silica/fly ash, magnesium oxide, periclase,
ferroalloys, dolomite lime, and colemanite.\1\
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\1\ This second exclusion for magnesium-based reagent mixtures
is based on the exclusion for reagent mixtures in the 2000-2001
investigations of magnesium from China, Israel, and Russia. See
Final Determination of Sales at Less Than Fair Value: Pure Magnesium
in Granular Form From the People's Republic of China, 66 FR 49345
(September 27, 2001); Final Determination of Sales at Less Than Fair
Value: Pure Magnesium From Israel, 66 FR 49349 (September 27, 2001);
Final Determination of Sales at Not Less Than Fair Value: Pure
Magnesium From the Russian Federation, 66 FR 49347 (September 27,
2001). These mixtures are not magnesium alloys, because they are not
chemically combined in liquid form and cast into the same ingot.
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The merchandise subject to this order is currently classifiable
under items 8104.11.00, 8104.19.00, 8104.30.00, and 8104.90.00 of the
Harmonized Tariff Schedule of the United States (HTSUS). Although the
HTSUS items are provided for convenience and customs purposes, the
written description of the merchandise under investigation is
dispositive.
Antidumping Duty Order
On April 11, 2005, in accordance with section 735(d) of the Tariff
Act of 1930, as amended (the Act), the ITC notified
[[Page 19931]]
the Department of its final determination pursuant to section
735(b)(1)(A)(i) of the Act that an industry in the United States is
materially injured by reason of less-than-fair-value imports of
magnesium from Russia. Therefore, in accordance with section 736(a)(1)
of the Act, the Department will direct U.S. Customs and Border
Protection (CBP) to assess, upon further instruction by the Department,
antidumping duties equal to the amount by which the normal value of the
merchandise exceeds the export price (or the constructed export price)
of the merchandise for all relevant entries of magnesium from Russia.
These antidumping duties will be assessed on all entries of magnesium
from Russia entered, or withdrawn from warehouse, for consumption on or
after October 4, 2004, the date on which the Department published its
notice of preliminary determination in the Federal Register. See Notice
of Preliminary Determination of Sales at Less Than Fair Value and
Postponement of Final Determination: Magnesium Metal From the Russian
Federation, 69 FR 59197 (October 4, 2004) (Preliminary Determination).
Section 733(d) of the Act states that instructions issued pursuant
to an affirmative preliminary determination may not remain in effect
for more than four months except where exporters representing a
significant proportion of exports of the subject merchandise request
the Department to extend that four-month period to no more than six
months. At the request of exporters that account for a significant
proportion of the Russian exports of subject merchandise, we extended
the four-month period to no more than six months. See Preliminary
Determination. In this investigation, the six-month period beginning on
the date of the publication of the Preliminary Determination ended on
April 1, 2005. Furthermore, section 737 of the Act states that
definitive duties are to begin on the date of publication of the ITC's
final injury determination. Therefore, in accordance with section
733(d) of the Act and our practice, we will instruct CBP to terminate
the suspension of liquidation and to liquidate, without regard to
antidumping duties, unliquidated entries of magnesium from Russia
entered, or withdrawn from warehouse, for consumption on or after April
2, 2005, and before the date of publication of the ITC 's final injury
determination in the Federal Register. Suspension of liquidation will
continue on or after this date.
Effective on the date of publication of the ITC's final affirmative
injury determination, CBP 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 all others' rate applies to all
manufacturers and exporters of subject merchandise not specifically
listed. The weighted-average dumping margins are as follows:
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Margin
Manufacturer/exporter (percent)
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JSC AVISMA Titanium-Magnesium Works........................ 21.71
Solikamsk Magnesium Works.................................. 18.65
All Others'................................................ 21.01
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Pursuant to section 736(a) of the Act, this notice constitutes the
antidumping duty order with respect to magnesium metal from Russia.
Interested parties may contact the Department's Central Records Unit,
Room B-099 of the main Commerce Building, for copies of an updated list
of antidumping duty orders currently in effect.
This order is issued and published in accordance with section
736(a) of the Act and 19 CFR 351.211.
Dated: April 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-1791 Filed 4-14-05; 8:45 am]