MESSAGE NO: 6022114 DATE: 01 22 1996
CATEGORY: ADA TYPE: ORD
REFERENCE: 5135112 REFERENCE DATE: 05 15 1995
CASES: A - 462 - 105 - -
- - - -
- - - -

PERIOD COVERED: 05 12 1995 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

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


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER ON DECEMBER 20, 1995, NOTICE OF ITS AMENDED
ANTIDUMPING DUTY ORDER IN THE ANTIDUMPING DUTY INVESTIGATION OF
PURE MAGNESIUM FROM THE RUSSIAN FEDERATION. THIS NOTICE IS
CORRECTING INSTRUCTIONS FOR INTERLINK IN PARAGRAPH 4 OF MESSAGE
NO 5135112 DATED 5/15/95.

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
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 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 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% 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 OR SMW
INTERLINK (A-462-105-005) RECEIVES A DEPOSIT RATE OF 0%. IF
INTERLINK SELLS THE SUBJECT MERCHANDISE PURCHASED FROM ANY
OTHER RUSSIAN PRODUCER NOT NOTED ABOVE, INTERLINK RECEIVES THE
"RUSSIA WIDE" (A-462-105-000) DEPOSIT RATE OF 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,
HUNTER DOUGLAS 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

NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS
BEEN REPOSTED TO ADIL ON NOVEMBER 14, 2009. THE ORIGINAL
MESSAGE WAS SENT TO CMC DIRECTORS AND PORT DIRECTORS, NOT
DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS. DIRECTOR,
TECHNICAL PROGRAMS IS NOW SHOWN AS DIRECTOR, SPECIAL
ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS
UNCHANGED AND MATCHES THE MESSAGE THAT STILL APPEARS ON THE
ADD/CVD SEARCH APPLICATION ON CBP.GOV.