MESSAGE NO: 5320112 DATE: 11 16 1994
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 105 - -
- - - -
- - - -

PERIOD COVERED: 11 07 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR
VALUE: PURE MAGNESIUM FM THE RUSSIAN FEDERATION
(A-462-105)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON NOVEMBER 07, 1994, ITS PRELIMINARY DETERMINATION OF SALES AT
LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
PURE MAGNESIUM FROM THE RUSSIAN FEDERATION.

2. THE PRODUCT COVERED BY THIS INVESTIGATION IS PURE PRIMARY
MAGNESIUM REGARDLESS OF CHEMISTRY, FORM OR SIZE, UNLESS EXPRESSLY
EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION. 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 ENCOMPASSES ALL PRODUCTS THAT CONTAIN
AT LEAST 99.95% PRIMARY MAGNESIUM, BY WEIGHT (GENERALLY
REFERREDTO AS "ULTRA-PURE" MAGNESIUM), AS WELL AS PRODUCTS
CONTAINING LESS THAN 99.95% BUT NOT LESS THAN 99.8% PRIMARY
MAGNESIUM, BY WEIGHT (GENERALLY REFERED TO AS "PURE" MAGNESIUM).
PRODUCTS THAT HAVE THE AFORE MENTIONED PRIMARY MAGNESIUM CONTENT,
BUT DO NOT CONFORM TO ASTM SPECIFICATIONS OR OTHER INDUSTRY OR
CUSTOMER-SPECIFIC SPECIFICATIONS, ARE INCLUDED IN THE SCOPE OF
THIS INVESTIGATION.

PURE PRIMARY MAGNESIUM IS CAST AND SOLD IN VARIOUS PHYSICAL
FORMS AND SIZES, INCLUDING INGOTS, SLABS, ROUNDS, BILLETS, AND
OTHER SHAPES.

EXCLUDED FROM THE SCOPE OF THIS INVESTIGATION ARE 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 LENGTHOF 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 APERTURE OF 1 MM. (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 INVESTIGATION IS CURRENTLY
CLASSIFIABLE UNDER SUBHEADINGS 8104.11.00 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 U.S. CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF ALL
ENTRY SUMMARIES OF PURE MAGNESIUM FROM THE RUSSIAN FEDERATION
(EXCEPT THOSE THAT REPRESENT SALES BY AIOC, GERALD METALS,
HUNTER DOUGLAS, INTERLINK OR MG METALS) THAT ARE ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION ON OR AFTER NOVEMBER 07,
1994. EFFECTIVE NOVEMBER 07, 1994, CUSTOMS SHALL REQUIRE A CASH
DEPOSIT OR BOND FOR SUCH ENTRY SUMMARIES OF THE SUBJECT
MERCHANDISE ACCORDING TO THE FOLLOWING SCHEDULE (THE MARGIN FOR
MG METALS IS 0.13, THEREBY MAKING IT DE MINIMIS):



MANUFACTURER/ CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

ALL THIRD COUNTRY
EXPORTERS & RESELLERS A-462-105-001 60.43%
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%
DE MINIMIS
RAZNO A-462-105-007 5.06%
F&S ALLOYS & MINERALS A-462-105-008 64.12%
W&O BERGMANN GMBH A-462-105-009 64.12%
DEREK RAPHAEL & CO. A-462-105-010 64.12%
MARCO TRADING CO. A-462-105-011 64.12%
WOGEN GROUP LTD. A-462-105-012 64.12%
ALEX A-462-105-013 64.12%
MAGES A-462-105-014 64.12%

ALL OTHERS A-462-105-000 5.06%

5. ANY QUESTIONS BY CUSTOMS OFFICERS SHOULD BE DIRECTED, THROUGH
THE REGIONAL AD/CVD COORDINATOR, TRADE COMPLIANCE DIVISION, AD/
CVD BRANCH, OR VIA E-MAIL TO 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