MESSAGE NO: 9279213 DATE: 10 06 1999
CATEGORY: ADA TYPE: ORD
REFERENCE: 7121115 REFERENCE DATE: 05 01 1997
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, TRADE ENFORCEMENT & CONTROL

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


CLARIFICATION OF U.S. CUSTOMS MESSAGES NO 7121115 DATED
05/01/1997 NO 6227111 DATED 08/15/1996; NO 6022114 DATED
01/22/1996 AND NO 5135112 DATED 05/15/1995 CONCERNING THE
ANTIDUMPING ORDER OF 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. PARAGRAPH 4 OF THIS MESSAGE
CLARIFIES THE PREVIOUS INSTRUCTIONS ISSUED TO CUSTOMS PURSUANT TO
THE ANTIDUMPING ORDER.

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. PURE PRIMARY MAGNESIUM ENCOMPASSES
PRODUCTS (INCLUDING, BUT NOT LIMITED TO, BUTT ENDS, STUBS, CROWNS
AND CRYSTALS) WITH THE FOLLOWING PRIMARY MAGNESIUM CONTENTS:

(1) PRODUCTS THAT CONTAIN AT LEAST 99.95% PRIMARY MAGNESIUM, BY
WEIGHT (GENERALLY REFERRED TO AS "ULTRA-PURE" MAGNESIUM);

(2) PRODUCTS THAT CONTAIN 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, MAGANESE, ZINC, SILICON, THORIUM, ZIRCONIUM
AND RARE EARTHS.

IF ENTRY DOCUMENTATION FAILS TO ESTABLISH THAT THE PURE PRIMARY
MAGNESIUM CONTENT TO OF THE IMPORTED MERCHANDISE FALLS OUTSIDE OF
THE ABOVE-DESCRIBED PARAMETERS, THEN LIQUIDATION SHALL BE
SUSPENDED AND APPROPRIATE ANTIDUMPING DUTY DEPOSITS COLLECTED
UNLESS THE MERCHANDISE IS EXPRESSLY EXCLUDED FROM THE ORDERS AS
DESCRIBED BELOW.

THE ONLY PRIMARY MAGNESIUM PRODUCTS THAT ARE EXCLUDED FROM THE
SCOPE OF THIS ORDER ARE ALLOY PRIMARY MAGNESIUM, (THAT MEETS ASTM
SPECIFICATIONS FOR ALLOY MAGNESIUM), PRIMARY MAGNESIUM ANODES,
GRANULAR PRIMARY MAGNESIUM (INCLUDING TURNINGS, CHIPS AND
POWDERS) HAVING A MAXIMUM PHYSICAL DIMENSION (I.E., LENGTH OR
DIAMETER) OF ONE INCH OR LESS, SECONDARY MAGNESIUM (WHICH HAS A
PURE PRIMARY MAGNESIUM CONTENT OF LESS THAN 50% BY WEIGHT) AND
REMELTED MAGNESIUM WHOSE PURE PRIMARY MAGNESIUM CONTENT IS LESS
THAN 50%, BY WEIGHT. IF THE ENTRY DOCUMENTATION FAILS TO
ESTABLISH THAT THE IMPORTED MERCHANDISE (1) MEETS ASTM
SPECIFICATION FOR ALLOY MAGNESIUM; (2) HAS A MAXIMUM PHYSICAL
DIMENSION (I.E., LENGTH OR DIAMETER) OF ONE INCH OR LESS; (3) IS
SECONDARY MAGNESIUM (WHICH HAS A PURE PRIMARY MAGNESIUM CONTENT
OF LESS THAN 50% BY WEIGHT; OR (4) IS REMELTED MAGNESIUM WHOSE
PURE PRIMARY MAGNESIUM CONTENT IS LESS THAN 50%, BY WEIGHT, THEN
LIQUIDATION SHALL BE SUSPENDED AND APPROPRIATE ANTIDUMPING DUTY
DEPOSITS COLLECTED.

PURE MAGNESIUM PRODUCTS COVERED BY THIS ORDER ARE CLASSIFIABLE
UNDER HTS SUBHEADINGS 8104.11.00, 8104.19.00, 8104.20.00,
8104.30.00, 8104.90.00, 3824.90.11, 3824.90.19 AND 9817.00.90.

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 CASE 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 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, HOSHSCHILD PARTNERS, INTERLINK,
OR MG METALS; AND (2) THE PRODUCER IS EITHER AVISMA OR SMW.
WHETHER A PARTY HAS "KNOWLEDGE OF DESTINATION" IS DETERMINED IN
ACCORDANCE WITH SECTION 772 OF THE TARIFF ACT OF 1930.

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); (2) THE PRODUCER IS SMW. WHETHER A PARTY HAS
"KNOWLEDGE OF DESTINATION" IS DETERMINED BY THE DEPARTMENT OF
COMMERCE IN ACCORDANCE WITH SECTION 772 OF THE TARIFF ACT OF
1930.

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 100.25%. IF CUSTOMS IS
UNABLE TO DETERMINE WHETHER THE IMPORTER HAS SATISFIED ONE OF THE
ABOVE SET OF CONDITIONS, REFER THE MATTER TO THE DEPARTMENT OF
COMMERCE.

LIQUIDATE ENTRIES IMPORTED BY GREENWICH METALS INC. WHICH ARE
PRODUCED BY AVISMA AND SOLIKAMSK MAGNESIUM WORKS (SMW) BECAUSE WE
HAVE DETERMINED THAT GREENWICH METALS IS THE EXPORTER THAT FIRST
SELLS THE MAGNESIUM WITH KNOWLEDGE THAT IT IS DESTINED FOR THE
U.S. MARKET. ACCORDINGLY, THESE ENTRIES FROM THIS EXPORTER ARE
EXCLUDED FROM THE ANTIDUMPING DUTY ORDER.

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
EXPORTERS & RESELLERS A-462-105-001 110.25%
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 GMHB 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%
MACES 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. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB". OTHER
INTERESTED PARTIES SHOULD CONTACT DAVID J. GOLDBERGER, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE (202) 482-4136.

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

PAUL SCHWARTZ