[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
