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AD: China and Russia Magnesium Metal

The International Trade Administration (ITA) has made final affirmative antidumping (AD) duty determinations that magnesium metal from China and Russia is being, or is likely to be, sold in the U.S. at less than fair value.

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Final Affirmative Antidumping Duty Determinations
ChinaA-570-896
RussiaA-821-819

Critical circumstances continue to be found for two China companies. With respect to subject merchandise from China, the ITA states that it continues to find critical circumstances for Tianjin and Guangling. As a result, the ITA will direct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all entries of subject merchandise from Tianjin and Guangling that have a time of entry on or after 90 days before October 4, 2004 (the Federal Register publication date of the preliminary determination).

Critical circumstances no longer exist for China-wide entity. The ITA notes that it has determined that critical circumstances no longer exist with respect to the China-wide entity. As a result, the ITA is expected to instruct CBP to lift suspension of liquidation and release any bond, and refund any cash deposit, made to secure AD duties on subject merchandise with a time of entry on or after 90 days before October 4, 2004, but before October 4, 2004.

As a result of its final determinations, the ITA will instruct CBP to continue to require a cash deposit or posting of a bond at the revised AD rates listed below, for entries of subject merchandise with a time of entry on or after February 24, 2005:

Liquidation Suspended Post Bond/Cash Deposit
CompanyAntidumping (AD) Rate
China
Tianjin Magnesium Intenational Co., Ltd. (Tianjin)91.31% (from 177.62%)
Beijing Guangling Jinghua Science & Technology Co., Ltd. (Guangling)91.31% (from 149.09%)
China-wide rate (includes RSM Group & Jiangsu)141.49% (from 177.62%)
Russia
JSC AVISMA Titanium-Magnesium Works22.28% (from 10.62%)
Solikamsk Magnesium Works18.65% (from 21.49%)
All others21.45% (from 12.36%)

ITA sources have confirmed that Guangling is the only Section A respondent in this proceeding.

The ITA has determined that one mandatory respondent, the RSM group is not entitled to a separate rate and as such will receive the China-wide rate of 141.49%. In the preliminary AD duty determination, the ITA had calculated a preliminary AD rate of 128.11% for the RSM Group and a preliminary AD rate of 149.09% for Jiangsu, which ITA sources state is considered to be an RSM Group company. The RSM group consists of Nanjing Yunhai Special Metals Co., Ltd., Nanjing Welbow Metals Co., Ltd., Nanjing Yunhai Magnesium Co., Ltd., Shanxi Wenxi Yunhai Metals Co., Ltd., and China National Nonferrous Metals I/E Corp. Jiangsu Branch (Jiangsu). ITA sources have also confirmed that Toyota Tsusho America, Inc. (TAI), an affiliated American reseller, is part of the RSM Group.

(See ITA's China notice for more information, including the scope of the investigation, which is substantially unchanged from the preliminary AD duty determination.

See ITA's Russia notice for more information, including the scope of the investigation, which is also substantially unchanged from the preliminary AD duty determination.

See ITT's Online Archives or 10/05/04 news, 04100525, for BP summary of the preliminary determinations. See ITT's Online Archives or 02/07/05 news, 05020735, for BP summary of the preliminary affirmative determination of critical circumstances for Tianjin, Guangling, and the China-wide entity.)

ITA Contacts - Laura LaCivita (202) 482-4243 (China)

Mark Hoadley (202) 482-3148 (Russia)

ITA China Notice (FR Pub 02/24/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-760.pdf

ITA Russia Notice (FR Pub 02/24/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-765.pdf