MESSAGE NO: 5135112 DATE: 05 15 1995
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 105 - -
- - - -
- - - -

PERIOD COVERED: 05 12 1995 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE

RE: ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM THE
RUSSIAN FEDERATION (A-462-105)


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

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 REFERREDTO
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 ARE ALLOY PRIMARY
MAGNESIUM, PRIMARY MAGNESIUM ANODES, GRANULAR PRIMARY MAGNESIUM
(INCLUDING TURNINGS AND POWDER), AND SECONDARY MAGNESIUM.

GRANULAR MAGNESIUM, TURNINGS, AND POWDER ARE CLASSIFIABLEUNDER
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 PRODUCEDIN LARGER SIZES,
GRANULES ARE MORE REGULARLY SHAPED THAN TURNINGSOR 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 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 MAXIUMUM PHYSICAL DIMENSION (I.E., LENGTH OR DIAMETER)
OF ONE INCH OR LESS.

THE PRODUCTS SUBJECT TO THIS INVESTIGATION ARE CURRENTLY
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 REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING DOC CASE NUMBER: (A-821-805). FOR CUSTOMS PURPOSES
ONLY, THIS CASE HAS BEEN ASSIGNED ID NUMBER: (A-462-105).

4. THE DEPARTMENT OF COMMERCE INVESTIGATED TWO PRODUCERS OF PURE
MAGNESIUM, AVISMA AND SOLIKAMSK MAGNESIUM WORKS (SMW).

IF THE FOLLOWING EXPORTERS OF RUSSIAN PURE MAGNESIUM - AIOC,
GERALD METALS, GREENWICH METALS, HOCHSCHILD PARTNERS, AND MG
METALS - PURCHASE FROM RUSSIAN PRODUCERS OTHER THAN SMW OR
AVISMA, THE EXPORTER RECEIVES THE "RUSSIA WIDE" (A-462-105-000)
DEPOSIT RATE OF 100.25%. EXCEPT FOR THE FOLLOWING:

IF THE FOLLOWING EXPORTERS OF RUSSIAN PURE MAGNESIUM - AIOC,
GERALD METALS, GREENWICH METALS, HOCHSCHILD, AND MG METALS -
PURCHASE THEIR PURE MAGNESIUM FROM AVISMA OR SMW, THE EXPORTER
RECEIVES A DEPOSIT RATE OF 0%.

IF INTERLINK SELLS PURE MAGNESIUM PURCHASED FROM AVISMA,
INTERLINK (A-462-105-005) RECEIVES A DEPOSIT RATE OF 0%.
IFINTERLINK SELLS THE SUBJECT MERCHANDISE PURCHASED FROM SMW OR
ANYOTHER RUSSIAN PRODUCER NOT NOTED ABOVE, INTERLINK RECEIVES THE
"RUSSIA WIDE" (A-462-105-000) DEPOSIT RATEOF 100.25%.

IF RAZNO SELLS PURE MAGNESIUM PURCHASED FROM SMW, RAZNO
(A-462-105-007) RECEIVES A DEPOSIT RATE OF 0%. IF RAZNO SELLS
THE SUBJECT MERCHANDISE PURCHASED FROM AVISMA OR ANY OTHER
RUSSIAN PRODUCER NOT NOTED ABOVE, RAZNO RECEIVES THE "RUSSIA
WIDE" (A-462-105-000) DEPOSIT RATE OF 100.25%.

IF HUNTER DOUGLAS METALS SELLS PURE MAGNESIUM PURCHASED FROM
SMW, HUNTER DOUGLAS (A-462-105-004) RECEIVES A DEPOSIT RATE OF
0%. IF HUNTER DOUGLAS SELLS THE SUBJECT MERCHANDISE PURCHASED
FROM AVISMA OR ANY OTHER RUSSIAN PRODUCER NOT NOTED ABOVE,
HUNTERDOUGLAS RECEIVES THE "RUSSIA WIDE" (A-462-105-000) RATE OF
100.25%.

IF SMW SELLS PURE MAGNESIUM PRODUCED BY SMW (NOTE: SMW IS
BOTH AN EXPORTER AND PRODUCER), SMW (A-462-105-015) RECEIVES A
DEPOSIT RATE OF 0%. IF SMW SELLS THE SUBJECT MERCHANDISE
PRODUCED BY AVISMA OR ANY OTHER RUSSIAN PRODUCER NOT NOTED
ABOVE,SMW RECEIVES THE "RUSSIA WIDE" (A-462-105-000) DEPOSIT RATE
OF 100.25%.

THE FOLLOWING EXPORTERS OF RUSSIAN PURE MAGNESIUM - F & S
ALLOYS & MINERALS, W & O BERGMANN GMBH, DEREK RAPHAEL & CO, MARCO
TRADING CO., WOGAN GROUP LTD., ALEX, AND MAGES - REGARDLESS OF
THE PRODUCER, RECEIVE A DEPOSIT RATE OF 100.25%.


THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF
ALL ENTRY SUMMARIES OF PURE MAGNESIUM FROM THE RUSSIAN FEDERATION
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 THIRD COUNTRY
EXPORTERS & RESELLERS A-462-105-001 100.25
AIOC A-462-105-002 0.00%
GERALD METALS A-462-105-003 0.00%
HUNTER DOUGLAS A-462-105-004 0.00%
INTERLINK A-462-105-005 0.00%
MG METALS A-462-105-006 0.00%
RAZNO A-462-105-007 0.00%
F&S ALLOYS & MINERALS A-462-105-008 100.25
W&O BERGMANN GMBH A-462-105-009 100.25
DEREK RAPHAEL & CO. A-462-105-010 100.25
MARCO TRADING CO. A-462-105-011 100.25
WOGEN GROUP LTD. A-462-105-012 100.25
ALEX A-462-105-013 100.25
MAGES A-462-105-014 100.25
HOCHSCHILD A-462-105-015 0.0%
GREENWICH A-462-105-016 0.0%
SMW A-462-105-017 0.0%
RUSSIA WIDE A-462-105-000 100.25

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB". OTHER
INTERESTED PARTIES SHOULD CONTACT ERIK WARGA OR ELLEN
GREBASCH,OFFICE OF ANTIDUMPING INVESTIGATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE,TELEPHONE (202) 482-0922 AND (202)
482-3773, RESPECTIVELY.

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

NANCY MCTIERNAN