[Federal Register Volume 66, Number 223 (Monday, November 19, 2001)]
[Notices]
[Pages 57936-57937]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28865]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-864]


Antidumping Duty Order: Pure Magnesium in Granular Form From the 
People's Republic of China

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

ACTION: Notice of antidumping duty order.

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SUMMARY: Pursuant to section 736(a) of the Act, the Department of 
Commerce is issuing an anti-dumping duty order on pure magnesium in 
granular form from the People's Republic of China.

EFFECTIVE DATE: November 19, 2001.

FOR FURTHER INFORMATION CONTACT: Jennifer Gehr or Michael Strollo, AD/
CVD Enforcement Group I, Office 2, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
1779 or (202) 482-0629, respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Tariff Act of 
1930, as amended (``the Act''), are references to the provisions 
effective January 1, 1995, the effective date of the amendments made to 
the Act by the Uruguay Round Agreements Act (``URAA''). In addition, 
unless otherwise indicated, all citations to the Department of 
Commerce's (``the Department's'') regulations refer to 19 CFR part 351 
(2000).

Scope of Order

    There is an existing antidumping duty order on pure magnesium from 
the People's Republic of China (PRC). 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 order excludes pure magnesium that is already covered by 
the existing order on pure magnesium in ingot form, and currently 
classifiable under item numbers 8104.11.00 and 8104.19.00 of the 
Harmonized Tariff Schedule of the United States (HTSUS).
    The scope of this order includes imports of 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 primary 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, that do 
not conform to an ``ASTM Specification for Magnesium Alloy'' \1\ 
(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. Excluded from this order are mixtures containing 90 
percent or less pure magnesium by weight and one or more of certain 
non-magnesium granular materials to make magnesium-based reagent 
mixtures. The non-magnesium granular materials of which the Department 
is aware used to make such excluded reagents are: Lime, calcium metal, 
calcium silicon, calcium carbide, calcium carbonate, carbon, slag 
coagulants, fluorspar, nephaline syenite, feldspar, aluminum, alumina 
(Al2O3), calcium aluminate, soda ash, 
hydrocarbons, graphite, coke, silicon, rare earth metals/mischmetal, 
cryolite, silica/fly ash, magnesium oxide, periclase, ferroalloys, 
dolomitic lime, and colemanite. A party importing a magnesium-based 
reagent which includes one or more materials not on this list is 
required to seek a scope clarification from the Department before such 
a mixture may be imported free of antidumping duties.
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    \1\ The meaning of this term is the same as that used by the 
American Society for Testing and Materials in its Annual Book of 
ASTM Standards: Volume 01.02 Aluminum and Magnesium Alloys.
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    The merchandise subject to this order is currently classifiable 
under item 8104.30.00 of the HTSUS. Although the HTSUS subheading is 
provided for convenience and customs purposes, our written description 
of the scope of this order is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Act, the Department 
published its final determination that pure magnesium in granular form 
from the PRC is being, or is likely to be, sold in the United States at 
less than fair value. See Notice of Final Determination of Sales at 
Less Than Fair Value: Pure Magnesium in Granular Form From the People's 
Republic of China, 66 FR 49345, (Sept. 27, 2001). On November 13, 2001, 
the International Trade Commission notified 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 subject merchandise from the PRC. Therefore, 
in accordance with section 736(a)(1) of the Act, the Department will 
direct the Customs Service to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise for all relevant entries of pure magnesium in 
granular form from the PRC. These antidumping duties will be assessed 
on all unliquidated entries of imports of the subject merchandise that 
are entered, or withdrawn from warehouse, for consumption on or after 
April 30, 2001, the date on which the Department

[[Page 57937]]

published its notice of affirmative preliminary determination in the 
Federal Register (66 FR 21314).
    On or after the date of publication of this notice in the Federal 
Register, Customs Service officers must require, at the same time as 
importers would normally deposit estimated duties, a cash deposit equal 
to the estimated weighted-average antidumping duty margins as noted 
below. The ``PRC-Wide'' rate applies to all exporters of subject 
merchandise not specifically listed. The weighted-average dumping 
margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                   Manufacturer/exporter                      (percent)
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Minmetals Precious & Rare Minerals Import and Export/China         24.67
 National Nonferrous Metals Industry Trading Group Corp....
PRC-Wide Rate..............................................       305.56
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    This notice constitutes the antidumping duty order with respect to 
pure magnesium in granular form from the People's Republic of China, 
pursuant to section 736(a) of the Act. 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 published in accordance with section 736(a) of Act 
and 19 CFR 351.211.

    Dated: November 13, 2001.
Faryar Shirzad,
Assistant Secretary for, Import Administration.
[FR Doc. 01-28865 Filed 11-16-01; 8:45 am]
BILLING CODE 3510-DS-P