MESSAGE NO: 6227111 DATE: 08 15 1996
CATEGORY: ADA TYPE: ORD
REFERENCE: 6022114 REFERENCE DATE: 01 22 1996
CASES: A - 462 - 105 - -
- - - -
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PERIOD COVERED: 12 20 1995 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: CLARIFICATION OF ANTIDUMPING DUTY ORDER: PURE MAGNESIUM
FROM 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 MESSAGE
CLARIFIES INSTRUCTIONS FOR INTERLINK, RAZNO, HUNTER DOUGLAS,
SMW, AIOC, GERALD METALS, HOCHSCHILD, AND MG METALS IN
PARAGRAPH 4 OF MESSAGE NO 6022114 DATED 1/22/96.

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 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 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 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
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (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 PERCENT 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 MAXIMUM PHYSICAL DIMENSION (I.E.,
LENGTH OR DIAMETER) OF 1 INCH OR LESS. THE PRODUCTS SUBJECT
TO THIS ORDER ARE 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, THE CASE HAS BEEN ASSIGNED ID NUMBER (A-462-105).


4. THE DEPARTMENT OF COMMERCE INVESTIGATED EXPORTS OF PURE
MAGNESIUM THAT HAD BEEN PRODUCED BY TWO PRODUCERS, AVISMA AND
SOLIKAMSK MAGNESIUM WORKS (SMW), AND THAT HAD BEEN EXPORTED BY
NUMEROUS THIRD COUNTRY EXPORTERS. BASED ON THE INVESTIGATION
RESULTS, THE FOLLOWING INSTRUCTIONS APPLY:

FOR ENTRIES WHERE BOTH OF THE FOLLOWING CONDITIONS HAVE BEEN
SATISFACTORILY DEMONSTRATED, THE MERCHANDISE IS EXCLUDED FROM
THE ORDER AND SUSPENSION OF LIQUIDATION DOES NOT APPLY: (1) THE
EXPORTER WHO FIRST SOLD THE MERCHANDISE WITH THE KNOWLEDGE THAT
THE MERCHANDISE WAS DESTINED FOR THE U.S. MARKET IS EITHER
AIOC, GERALD METALS, GREENWICH METALS, HOCHSCHILD PARTNERS,
INTERLINK, OR MG METALS; AND REPEAT AND (2) THE PRODUCER IS
EITHER AVISMA OR SMW.

FOR ENTRIES WHERE BOTH OF THE FOLLOWING CONDITIONS HAVE BEEN
SATISFACTORILY DEMONSTRATED, THE MERCHANDISE IS EXCLUDED FROM
THE ORDER AND SUSPENSION OF LIQUIDATION DOES NOT APPLY: (1) THE
EXPORTER WHO FIRST SOLD THE MERCHANDISE WITH THE KNOWLEDGE THAT
THE MERCHANDISE WAS DESTINED FOR THE U.S. MARKET IS EITHER
RAZNO ALLOYS, HUNTER DOUGLAS, OR SMW (NOTE: SMW IS BOTH AN
EXPORTER AND A PRODUCER); AND REPEAT AND (2) THE PRODUCER IS
SMW.

FOR ENTRIES WHICH THE IMPORTER FAILS TO DEMONSTRATE TO CUSTOMS'
SATISFACTION THAT ONE OF THE ABOVE SETS OF CONDITIONS APPLIES
EXACTLY AS STATED, THE DEPOSIT RATE IS THE RUSSIA WIDE RATE OF
100.25%.

THE U.S. CUSTOMS SERVICE SHALL, EXCEPT AS NOTED ABOVE,
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
7, 1994. EFFECTIVE MAY 12, 1995, CUSTOMS SHALL, EXCEPT AS NOTED
ABOVE, 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 A-462-105-001 100.25
EXPORTERS&RESELLERS

AIOC A-462-105-002 0.0
GERALD METALS A-462-105-003 0.0
HUNTER DOUGLAS A-462-105-004 0.0
INTERLINK A-462-105-005 0.0
MG METALS A-462-105-006 0.0
RAZNO A-462-105-007 0.0

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

ENTRIES FROM EXPORTERS WHOSE MARGINS ARE ZERO ARE EXCLUDED ONLY
UNDER THE CIRCUMSTANCES DESCRIBED ABOVE.

5. CUSTOMS IS INSTRUCTED TO LIQUIDATE ANY ENTRIES FOR WHICH
LIQUIDATION WAS SUSPENDED BUT FOR WHICH THE IMPORTER
DEMONSTRATES (OR HAS ALREADY DEMONSTRATED) TO CUSTOMS'
SATISFACTION THAT ONE OF THE SETS OF CONDITIONS FOR EXCLUSION
(SEE PARAGRAPH 4) APPLIES EXACTLY AS STATED.

6. 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 ELLEN GREBASCH OR
DOROTHY TOMASZEWSKI, OFFICE OF ANTIDUMPING INVESTIGATIONS,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-3773 AND (202)
482-0631, RESPECTIVELY.

7. 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 18, 2009. THE ORIGINAL
MESSAGE WAS SENT TO CMC DIRECTORS, 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.