[Federal Register Volume 59, Number 101 (Thursday, May 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12895]
[[Page Unknown]]
[Federal Register: May 26, 1994]
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INTERNATIONAL TRADE COMMISSION
Magnesium From the People's Republic of China, Russia, and
Ukraine; Determinations
[Investigations Nos. 731-TA-696-698 (Preliminary)]
Pure Magnesium
On the basis of the record developed in investigations Nos. 731-TA-
696-698 (Preliminary),\1\ the Commission determines,\2\ pursuant to
section 733(a) of the Tariff Act of 1930 (the Act),\3\ that there is a
reasonable indication that an industry in the United States is
materially injured by reason of imports of unwrought pure magnesium\4\
from the People's Republic of China (China), the Russian Federation
(Russia), and Ukraine, that are alleged to be sold in the United States
at less than fair value (LTFV).
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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 207.2(f)).
\2\Commissioner Bragg did not participate in the determinations
in these investigations.
\3\19 U.S.C. 1673b(a).
\4\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 notice of initiation, 59 FR 21748.
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Alloy Magnesium
On the basis of the record developed in investigations Nos. 731-TA-
696-697 (Preliminary), the Commission further determines,\5\ pursuant
to the Act, that there is a reasonable indication that an industry in
the United States is materially injured by reason of imports of
unwrought alloy magnesium\6\ from China and Russia, that are alleged to
be sold in the United States at less than fair value (LTFV).
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\5\Commissioner Crawford dissenting. Commissioner Bragg did not
participate in the determinations in these investigations.
\6\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 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. Alloy unwrought magnesium are 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 notice of initiation, 59 FR
21748.
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On the basis of the record developed in investigation No. 731-TA-
698 (Preliminary), the Commission also determines,\7\ pursuant to the
Act, that there is no reasonable indication that an industry in the
United States in materially injured or threatened with material injury
or that the establishment of an industry in the United States is
materially retarded, by reason of imports of unwrought alloy magnesium
from Ukraine, that are alleged to be sold in the United States at less
than fair value (LTFV).
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\7\Chairman Newquist dissenting. Commissioner Bragg did not
participate in the determinations in this investigation.
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Background
On March 31, 1994, a petition was filed with Commission and the
U.S. Department of Commerce (Commerce) 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. Accordingly,
effective March 31, 1994, the Commission instituted preliminary
antidumping investigations Nos. 731-TA-696-698 (Preliminary).
Notice of the institution of the Commission's investigations and of
a public conference 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 April 12, 1994.\8\ The conference was
held in Washington, DC, on April 21, 1994, and all persons who
requested the opportunity were permitted to appear in person or by
counsel.
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\8\59 FR 17399.
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The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on May 16, 1994. The views
of the Commission are contained in USITC Publication 2775 (May 1994),
entitled ``Magnesium from The People's Republic of China, Russia, and
Ukraine: Investigations Nos. 731-TA-696-698 (Preliminary).''
By order of the Commission.
Issued: May 23, 1994.
Donna R. Koehnke,
Secretary.
[FR Doc. 94-12895 Filed 5-25-94; 8:45 am]
BILLING CODE 7020-02-P-M