[Federal Register Volume 60, Number 244 (Wednesday, December 20, 1995)]
[Notices]
[Pages 65635-65636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30957]



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DEPARTMENT OF COMMERCE
[A-821-805]


Notice of Amended Antidumping Duty Order: Pure Magnesium From the 
Russian Federation; 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.

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SUMMARY: On March 22, 1995, the Department of Commerce (``the 

[[Page 65636]]
Department'') made its final determination that pure magnesium from the 
Russian Federation was being sold at less than fair value (see Pure 
Magnesium and Alloy Magnesium from the Russian Federation (60 FR 16432, 
March 30, 1995)). On May 12, 1995, the Department published the 
antidumping duty order on pure magnesium from the Russian Federation 
(60 FR 25691). A ministerial error identified by a respondent, 
Interlink, was not corrected by the Department prior to the time the 
parties filed suit with the Court of International Trade (CIT). On 
December 6, 1995, the CIT granted the Department's request for leave to 
correct the ministerial error. This notice provides the results of that 
correction.

EFFECTIVE DATE: December 20, 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 this order is pure primary magnesium 
regardless of chemistry, form or size, unless expressly excluded from 
the scope of this order. 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 ``off-specification 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 order is 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 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 determination that pure magnesium from the Russian 
Federation was being sold at less than fair value (see Pure Magnesium 
and Alloy Magnesium from the Russian Federation (60 FR 16432, March 30, 
1995)). On May 12, 1995, the Department published the antidumping duty 
order on pure magnesium from the Russian Federation (60 FR 25691).
    On May 11, 1995, respondent exporter, Interlink, alleged that a 
ministerial error had been made in that the Department incorrectly 
assigned a margin for its sales of subject merchandise supplied by 
Russian producer, Solikamsk Magnesium Works (SMW). Interlink requested 
that the Department clarify the antidumping duty order to show that 
Interlink is excluded with regard to subject merchandise supplied by 
SMW. The Department found the allegation constituted a ministerial 
error (see memo from The Magnesium Team to Barbara Stafford dated 
October 19, 1995). However, because the petitioner filed suit with the 
CIT before we could correct this error, we were unable to correct this 
error and publish the amended final determination and amended 
antidumping duty order. Subsequently, the CIT granted the Department 
leave to correct this ministerial error.

Amendment of Final Determination and Antidumping Duty Order

    The Department has corrected the ministerial error in Interlink's 
margin calculation as follows: where the foreign market value (FMV) had 
been incorrectly based on an average of the factors of production for 
both SMW and the other Russian producer Avisma Titanium-Magnesium 
Works, the FMV now is based solely on SMW's factors of production. As a 
result the Department is amending its final determination and 
antidumping duty order of pure magnesium from the Russian Federation. 
The ad valorem weighted-average dumping margin for Interlink is as 
follows:

Interlink/Avisma--0.00
Interlink/SMW--0.00
Interlink/Other--100.25

    This notice constitutes the amended antidumping duty order with 
respect to pure magnesium from the Russian Federation. 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.
    This order are published in accordance with section 736(a) of the 
Act and 19 CFR 353.28(c).

    Dated: December 14, 1995.
Barbara R. Stafford,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 95-30957 Filed 12-19-95; 8:45 am]
BILLING CODE 3510-DS-P