AD: China and Russia Magnesium Metal
The International Trade Administration (ITA) has published in the April 15, 2005 Federal Register, its antidumping (AD) duty orders on magnesium metal from China and Russia. The ITA also states that the International Trade Commission (ITC) has made a final negative critical circumstances determination with respect to subject merchandise from China (thereby reversing the ITA's affirmative critical circumstances finding).
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| China | A-570-896 |
|---|---|
| Russia | A-821-819 |
AD Liability for China and Russia. As a result, the ITA indicates that entries of subject merchandise from China and Russia will be liable for the possible assessment of AD duties for all unliquidated entries with a time of entry on or after October 4, 2004, the date of the ITA's preliminary affirmative AD duty determinations. However, those entries with a time of entry from April 2, 2005 through April 14, 2005 are excluded from AD duty liability (see below).
"Gap period" for both China and Russia from 04/02/05 - 04/14/05. The ITA states that for both China and Russia, the six-month period beginning on the date the preliminary determinations were published in the Federal Register ended on April 1, 2005. As a result, the ITA will instruct U.S. Customs and Border Protection (CBP) to terminate suspension of liquidation and to liquidate, without regard to AD duties, unliquidated entries of magnesium metal from China and Russia with a time of entry on or after April 2, 2005 and before April 15, 2005, the date of publication for the ITC's final AD injury determinations. Suspension of liquidation resumes on or after April 15, 2005.
Suspension of liquidation lifted for China's critical circumstances time period. As the ITC has made a final determination that critical circumstances do not exist with respect to imports of subject merchandise from China, the ITA states that it will instruct CBP to lift suspension of liquidation and release any bond or other security, and refund any cash deposit made, to secure the payment of AD duties with respect to entries of subject merchandise with a time of entry on or after July 6, 2004 but before October 4, 2004.
Cash deposit only. According to the ITA, effective April 15, 2005, CBP officers will require, at the same time as importers would normally deposit estimated duties on this merchandise, an AD cash deposit at the rates (estimated weighted-average margins) listed below:
| Liquidation Suspended | Cash Deposit Only |
|---|---|
| Manufacturer/Exporter | AD Duty Rate |
| China | |
| Tianjin Magnesium International Co., Ltd. (Tianjin) | 49.66% |
| Beijing Guangling Jinghua Science & Technology Co., Ltd. (Guangling) | 49.66% |
| All others | 141.49% |
| Russia | |
| JSC AVISMA Titanium-Magnesium Works | 21.71% |
| Solikamsk Magnesium Works | 18.65% |
| All Others | 21.01% |
Notes on Scope of the Orders. As previously noted, Russia's scope includes pure and alloy magnesium metal while China's covers only alloy magnesium metal. As a result, the scopes for China and Russia differ in terms of what is covered, what is excluded, and HTS numbers.
It should also be noted that in the preliminary affirmative AD duty determination an additional HTS number, HTS 8104.90.00, was added to Russia's scope.
An AD duty order currently exists for pure magnesium in granular form from China (A-570-864).
(See ITA's China notice for more information, including the scope of the order, treatment of RSM Group and Jiangsu Metals, etc. See ITA's Russia notice for more information, including the scope of the order, etc.
See ITT's Online Archives or 03/30/05 news, 05033020, for BP summary of the amended final AD duty determinations for subject merchandise from China and Russia.)
ITA Contacts- Lilit Astvatsatrian (China) (202) 482-6412
Mark Hoadley (Russia) (202) 482-3148
ITA China Notice (FR Pub 04/15/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1790.pdf
ITA Russia Notice (FR Pub 04/15/05) available at http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/E5-1791.pdf
ITC China and Russia Notice (FR Pub 04/15/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-7600.pdf