[Federal Register Volume 66, Number 224 (Tuesday, November 20, 2001)]
[Notices]
[Page 58162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28900]



[[Page 58162]]

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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 701-TA-403 and 731-TA-895-896 (Final)]


Pure Magnesium From China and Israel

Determinations

    On the basis of the record \1\ developed in the subject 
investigations, the United States International Trade Commission 
determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. Sec. 1673d(b)) (the Act), that an industry in the United States 
is materially injured by reason of imports from China of pure 
magnesium, provided for in subheading 8104.30.00 of the Harmonized 
Tariff Schedule of the United States (HTSUS), that have been found by 
the Department of Commerce to be sold in the United States at less than 
fair value (LTFV).\2\ The Commission also determines, pursuant to 
sections 705(b) and 735(b) of the Tariff Act of 1930 (19 U.S.C. 
Sec. 1671d(b) and Sec. 1673d(b)) that an industry in the United States 
is not materially injured or threatened with material injury, and the 
establishment of an industry in the United States is not materially 
retarded by reason of imports from Israel of pure magnesium provided 
for in subheadings 8104.11.00 and 8104.19.00, and 8104.30.00 of the 
HTSUS, that have been found by the Department of Commerce to be sold in 
the United States at LTFV and to be subsidized by the Government of 
Israel.
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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 Sec. 207.2(f)).
    \2\ Commissioners Hillman and Miller dissenting. They defined 
two domestic like products, pure granular magnesium and pure 
magnesium ingot. With respect to pure granular magnesium, they found 
subject imports from Israel to be negligible and they found that the 
domestic pure granular magnesium industry is not materially injured 
or threatened with material injury, and the establishment of an 
industry in the United States is not materially retarded by reason 
of subject imports from China. They also found that the domestic 
pure magnesium ingot industry is not materially injured or 
threatened with material injury and the establishment of an industry 
in the United States is not materially retarded by reason of subject 
imports from Israel.
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Background

    The Commission instituted these investigations effective October 
17, 2000, following receipt of a petition filed with the Commission and 
Commerce by Magcorp, Salt Lake City, UT, the United Steel Workers of 
America, Local 8319, Salt Lake City, UT, and the USWA International.\3\ 
The final phase of the investigations was scheduled by the Commission 
following notification of preliminary determinations by Commerce that 
imports of pure magnesium from Israel were being subsidized within the 
meaning of section 703(b) of the Act (19 U.S.C. Sec. 1671b(b) and 
imports of pure magnesium from China and Israel were being sold at LTFV 
within the meaning of section 733(b) of the Act (19 U.S.C. 
Sec. 1673b(b)). Notice of the scheduling of the Commission's 
investigation 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 June 4, 2001 (66 FR 
29987) and September 20, 2001 (66 FR 48478). The hearing was held in 
Washington, DC, on October 11, 2001, and all persons who requested the 
opportunity were permitted to appear in person or by counsel.
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    \3\ See letter from petitioners dated October 26, 2000, amending 
the petitions to include the USWA International as co-petitioners 
and April 20, 2001 amendment to petitions adding ``concerned 
employees of Northwest Alloys, Inc.'' as co-petitioners.
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    The Commission transmitted its determinations in these 
investigations to the Secretary of Commerce on November 13, 2001. The 
views of the Commission are contained in USITC Publication 3467 
(November 2001), entitled Pure Magnesium from China and Israel: 
Investigations Nos. 701-TA-403 and 731-TA-895-896 (Final).

    By order of the Commission.

    Issued: November 14, 2001.
Donna R. Koehnke,
Secretary.
[FR Doc. 01-28900 Filed 11-19-01; 8:45 am]
BILLING CODE 7020-02-P