[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30093]
[[Page Unknown]]
[Federal Register: December 7, 1994]
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INTERNATIONAL TRADE COMMISSION
Investigations Nos. 731-TA-696-698 (Final)
Magnesium From The People's Republic of China, Russia, and
Ukraine
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of final antidumping investigations.
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SUMMARY: The Commission hereby gives notice of the institution of final
antidumping investigations Nos. 731-TA-696-698 (Final) under section
735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act) to
determine whether an industry in the United States is materially
injured, or is threatened with material injury, or the establishment of
an industry in the United States is materially retarded, by reason of
imports from the People's Republic of China (China), Russia, and
Ukraine of unwrought pure magnesium1 and by reason of imports from
China and Russia of unwrought alloy magnesium.2
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\1\For purposes of these investigations, unwrought pure
magnesium contains at least 99.8 percent magnesium by weight and is
sold in various slab and ingot forms and sizes. Products that have
the aforementioned primary magnesium content but do not conform to
ASTM specifications or other industry or customer-specific
specifications are included in the scope of these investigations.
Pure unwrought magnesium is provided for in subheadings 8104.11.00
and 8104.20.00 of the Harmonized Tariff Schedule of the United
States (HTS). Excluded from the scope of investigation are magnesium
anodes, granular magnesium (including turnings and powder), and
secondary magnesium. See also, Commerce's scope of investigation in
its notices of preliminary determinations, 59 F.R. 55420, 55424, and
55427.
\2\For purposes of these investigations, unwrought alloy
magnesium contains less than 99.8 percent magnesium by weight but 50
percent or more magnesium by weight, with magnesium being the
largest metallic element in the alloy by weight, and is sold in
various ingot and billet forms and sizes. Products that have the
aforementioned primary magnesium content but do not conform to ASTM
specifications or other industry or customer-specific specifications
are included in the scope of these investigations. Unwrought alloy
magnesium is provided for in subheadings 8104.19.00 and 8104.20.00
of the HTS. Excluded from the scope of investigation are magnesium
anodes, granular magnesium (including turnings and powder), and
secondary magnesium. See also, Commerce's scope of investigation in
its notices of preliminary determinations, 59 FR 55424 and 55427.
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For further information concerning the conduct of these
investigations, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207).
EFFECTIVE DATE: November 7, 1994.
FOR FURTHER INFORMATION CONTACT: Janine Wedel (202-205-3178), Office of
s, U.S. International Trade Commission, 500 E Street SW., Washington,
DC 20436. Hearing-impaired persons can obtain information on this
matter by contacting the Commission's TDD terminal on 202-205-1810.
Persons with mobility impairments who will need special assistance in
gaining access to the Commission should contact the Office of the
Secretary at 202-205-2000. Information can also be obtained by calling
the Office of Investigations' remote bulletin board system for personal
computers at 202-205-1895 (N,8,1).
SUPPLEMENTARY INFORMATION:
Background.--These investigations are being instituted as a result
of affirmative preliminary determinations by the Department of Commerce
that imports of unwrought pure magnesium from China, Russia, and
Ukraine and imports of unwrought alloy magnesium from China and Russia
are being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. 1673b). The investigations
were requested in a petition filed on March 31, 1994, by Magnesium
Corporation of America (Magcorp), Salt Lake City, UT; the International
Union of Operating Engineers, Local 564, Freeport, TX; and the United
Steelworkers of America, Local 8319, Salt Lake City, UT.
Participation in the Investigations and Public Service List.--
Persons wishing to participate in the investigations as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in section 201.11 of the Commission's rules, not later than
twenty-one (21) days after publication of this notice in the Federal
Register. The Secretary will prepare a public service list containing
the names and addresses of all persons, or their representatives, who
are parties to these investigations upon the expiration of the period
for filing entries of appearance.
Limited disclosure of business proprietary information (BPI) under
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will
make BPI gathered in these final investigations available to authorized
applicants under the APO issued in the investigations, provided that
the application is made not later than twenty-one (21) days after the
publication of this notice in the Federal Register. A separate service
list will be maintained by the Secretary for those parties authorized
to receive BPI under the APO.
Staff Report.--The prehearing staff report in these investigations
will be placed in the nonpublic record on March 15, 1995, and a public
version will be issued thereafter, pursuant to Sec. 207.21 of the
Commission's rules.
Hearing.--The Commission will hold a hearing in connection with
these investigations beginning at 9:30 a.m. on March 28, 1995, at the
U.S. International Trade Commission Building. Requests to appear at the
hearing should be filed in writing with the Secretary to the Commission
on or before March 20, 1995. A nonparty who has testimony that may aid
the Commission's deliberations may request permission to present a
short statement at the hearing. All parties and nonparties desiring to
appear at the hearing and make oral presentations should attend a
prehearing conference to be held at 9:30 a.m. on March 23, 1995, at the
U.S. International Trade Commission Building. Oral testimony and
written materials to be submitted at the public hearing are governed by
Secs. 201.6(b)(2), 201.13(f), and 207.23(b) of the Commission's rules.
Parties are strongly encouraged to submit as early in the
investigations as possible any requests to present a portion of their
hearing testimony in camera.
Written Submissions.--Each party is encouraged to submit a
prehearing brief to the Commission. Prehearing briefs must conform with
the provisions of Sec. 207.22 of the Commission's rules; the deadline
for filing is March 22, 1995. Parties may also file written testimony
in connection with their presentation at the hearing, as provided in
Sec. 207.23(b) of the Commission's rules, and posthearing briefs, which
must conform with the provisions of Sec. 207.24 of the Commission's
rules. The deadline for filing posthearing briefs is April 5, 1995;
witness testimony must be filed no later than three (3) days before the
hearing. In addition, any person who has not entered an appearance as a
party to the investigations may submit a written statement of
information pertinent to the subject of the investigations on or before
April 5, 1995. All written submissions must conform with the provisions
of Sec. 201.8 of the Commission's rules; any submissions that contain
BPI must also conform with the requirements of Secs. 201.6, 207.3, and
207.7 of the Commission's rules.
In accordance with Secs. 201.16(c) and 207.3 of the rules, each
document filed by a party to the investigations must be served on all
other parties to the investigations (as identified by either the public
or BPI service list), and a certificate of service must be timely
filed. The Secretary will not accept a document for filing without a
certificate of service.
Authority: These investigations are being conducted under
authority of the Tariff Act of 1930, title VII. This notice is
published pursuant to section 207.20 of the Commission's rules.
Issued: November 30, 1994.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-30093 Filed 12-6-94; 8:45 am]
BILLING CODE 7020-02-P
