[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Notices]
[Pages 77910-77911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31719]
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INTERNATIONAL TRADE COMMISSION
[Investigations Nos. 701-TA-403 and 731-TA-895-897 (Preliminary)]
Pure Magnesium From China, Israel, and Russia; Determinations
On the basis of the record \1\ developed in the subject
investigations, the United States International Trade Commission
determines,\2\ pursuant to section 733(a)
[[Page 77911]]
of the Tariff Act of 1930,\3\ that there is a reasonable indication
that an industry in the United States is materially injured by reason
of imports of pure magnesium from Israel and Russia, and pure granular
magnesium from China,\4\ 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 Sec. 207.2(f)).
\2\ Commissioners Miller, Hillman, and Askey dissenting with
respect to imports of pure magnesium ingot from Israel and pure
granular magnesium from China. Commissioners Miller and Hillman
dissenting with respect to imports of pure magnesium ingot from
Russia. Commissioners Miller, Hillman, and Askey found imports of
pure granular magnesium from Israel and Russia to be negligible.
\3\ 19 U.S.C. Sec. 1673b(a).
\4\ The imported goods covered in the investigations concerning
Israel and Russia include pure magnesium, regardless of chemistry,
form, or size, including, without limitation, ingots, raspings,
granules, turnings, chips, powder, and briquettes. The imported
goods covered in the investigation concerning China include all of
the foregoing pure magnesium products, except pure magnesium ingots
(which are covered by an existing order and are classifiable under
subheadings 8104.11.00 and 8104.19.00 of the Harmonized Tariff
Schedule of the United States (HTS)).
Pure magnesium includes: (1) Products that contain at least
99.95 percent primary magnesium, by weight (generally referred to as
``ultra-pure'' magnesium); (2) products that contain less than 99.95
percent but not less than 99.8 percent primary magnesium, by weight
(generally referred to as ``pure'' magnesium); and (3) products that
contain 50 percent or greater, but less than 99.8 percent primary
magnesium, by weight, and that do not conform to an American Society
for Testing and Materials (ASTM) specification for magnesium alloy
(generally referred to as ``off-specification pure'' magnesium).
The merchandise subject to the investigation concerning Israel
and Russia is classifiable under subheadings 8104.11.00, 8104.19.00,
and 8104.30.00 of the HTS. The merchandise subject to the
investigation concerning China is classifiable under subheading
8104.30.00 of the HTS.
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The Commission also determines,\5\ pursuant to section 703(a) of
the Tariff Act of 1930,\6\ that there is a reasonable indication that
an industry in the United States is materially injured by reason of
imports of pure magnesium from Israel that are alleged to be subsidized
by the Government of Israel.
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\5\ Commissioners Miller, Hillman, and Askey dissenting with
respect to imports of pure magnesium ingot from Israel.
Commissioners Miller, Hillman, and Askey found imports of pure
granular magnesium from Israel to be negligible.
\6\ 19 U.S.C. Sec. 1671b(a).
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Pursuant to section 207.18 of the Commission's rules, the
Commission also gives notice of the commencement of the final phase of
its investigations. The Commission will issue a final phase notice of
scheduling which will be published in the Federal Register as provided
in section 207.21 of the Commission's rules upon notice from the
Department of Commerce (Commerce) of affirmative preliminary
determinations in the investigations under sections 703(b) and 733(b)
of the Act, or, if the preliminary determinations are negative, upon
notice of affirmative final determinations in those investigations
under sections 705(a) and 735(a) of the Act. Parties that filed entries
of appearance in the preliminary phase of the investigations need not
enter a separate appearance for the final phase of the investigations.
Industrial users, and, if the merchandise under investigation is sold
at the retail level, representative consumer organizations have the
right to appear as parties in Commission antidumping and countervailing
duty investigations. The Secretary will prepare a public service list
containing the names and addresses of all persons, or their
representatives, who are parties to the investigations.
Background
On October 17, 2000, a petition was filed with the Commission and
the Department of Commerce by Magnesium Corporation of America
(MagCorp), Salt Lake City, UT, the United Steel Workers of America,
Local 8319, Salt Lake City, UT, and the United Steelworkers of America,
AFL-CIO-CLC (USWA International),\7\ alleging that an industry in the
United States is materially injured and threatened with material injury
by reason of imports of pure magnesium from Israel and Russia, and pure
granular magnesium from China, that are alleged to be sold in the
United States at LTFV, and by reason of imports of pure magnesium from
Israel that are alleged to be subsidized by the Government of Israel.
Accordingly, effective October 17, 2000, the Commission instituted
countervailing duty investigation No. 701-TA-403 (Preliminary) and
antidumping investigations Nos. 731-TA-895-897 (Preliminary).
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\7\ See letter from petitioners dated October 26, 2000 amending
the petitions to include the USWA International as co-petitioners.
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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 October 25, 2000.\8\ The conference
was held in Washington, DC, on November 7, 2000, and all persons who
requested the opportunity were permitted to appear in person or by
counsel.
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\8\ 65 FR 63888, Oct. 25, 2000.
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The Commission transmitted its determinations in these
investigations to the Secretary of Commerce on December 1, 2000. The
views of the Commission are contained in USITC Publication 3376
(December 2000), entitled Pure Magnesium from China, Israel, and
Russia: Investigations Nos. 701-TA-403 (Preliminary) and 731-TA-895-897
(Preliminary).
By order of the Commission.
Issued: December 5, 2000.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-31719 Filed 12-12-00; 8:45 am]
BILLING CODE 7020-02-P