[Federal Register Volume 70, Number 72 (Friday, April 15, 2005)]
[Notices]
[Pages 19930-19931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-1791]


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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:

------------------------------------------------------------------------
                                                                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]
BILLING CODE 3510-DS-P