MESSAGE NO: 5132112 DATE: 05 12 1995
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 832 - -
- - - -
- - - -

PERIOD COVERED: 05 12 1995 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: ANTIDUMPING ORDER ON PURE MAGNESIUM FM THE PRC
(A-570-832)


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON MAY 12, 1995, ITS ORDER IN THE ANTIDUMPING DUTY INVESTIGATION
OF PURE MAGNESIUM FROM THE PRC.

2. 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 REFERED
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); 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 INVESTIGATION ARE ALLOY
PRIMARY MAGNESIUM, PRIMARY MAGNESIUM ANODES, GRANULAR PRIMARY
MAGNESIUM (INCLUDING TURNINGS AND POWDER), AND SECONDARY
MAGNESIUM.

GRANULAR MAGNESIUM, TURNINGS, AND POWDER ARE CLASSIFIABLE
UNDER THE 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 TURNING 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% OR MORE, BY WEIGHT, WILL PASS THROUGH A
SIEVE HAVING A MESH APERATURE 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 OF 1 INCH OR LESS.

THE PRODUCT SUBJECT TO THIS ORDER IS 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, THE WRITTEN DESCRIPTION OF THE SCOPE IS
DISPOSITIVE.

3. FOR FURTHER REPOSTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING CASE NUMBER: (A-570-832).




4. THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRY SUMMARIES OF PURE MAGNESIUM FROM THE PRC
THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION, ON
OR AFTER NOVEMBER 07, 1994. EFFECTIVE MAY 12, 1995, CUSTOMS
SHALL REQUIRE A CASH DEPOSIT FOR SUCH ENTRY SUMMARIES OF THE
SUBJECT MERCHANDISE ACCORDING TO THE FOLLOWING SCHEDULE:

MANUFACTURER/ CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

ALL A-570-832-000 108.26%

5. ANY QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED VIA
E-MAIL, THROUGH THE APPROPRIATE SUPERVISORY CHANNELS, TECHNICAL
PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING ATTRIBUTE
"HQ OAB." OTHER INTERESTED PARTIES SHOULD CONTACT DAVID J.
GOLDBERGER OR LOUIS APPLE, OFFICEOF ANTIDUMPING INVESTIGATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-4136 OR (202)
482-1769, RESPECTIVELY.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.




NANCY MCTIERNAN