Pure Magnesium from China - Antidumping Duty Order

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Pure Magnesium from China

Case Number: A–570–832

Anniversary Month: May

Rates:

Tianjin Magnesium International
Co., Ltd. -- 111.73%
China-wide rate -- 108.26%

Scope:

Merchandise covered by this order is pure magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of this order. Pure 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 magnesium is used as an input in producing magnesium alloy. Pure 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 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 (generally referred to as off–specification pure 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 order are alloy primary magnesium (that meets specifications for alloy magnesium), primary magnesium anodes, granular primary magnesium (including turnings, chips and powder) having a maximum physical dimension (i.e., length or diameter) of one inch or less, secondary magnesium (which has pure primary magnesium content of less than 50% by weight), and remelted magnesium whose pure primary magnesium content is less than 50% by weight.

Pure magnesium products covered by this order are currently classifiable under Harmonized Tariff Schedule of the United States (‘HTSUS’) 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. Although the HTSUS subheadings are provided for convenience and customs purposes, our written description of the scope is dispositive.

History | Current Rates

Tianjin Magnesium International Suffers More than 17,000% Increase in U.S. Antidumping Duties As Consequence of Failing to Cooperate in U.S. Antidumping Duty Review Affecting May 1, 2007-April 30, 2008 entries, and also the cash deposits required for future entries

On December 14, 2009, the U.S. Department of Commerce published the Final Results of its antidumping duty administrative review of pure magnesium from China. The Department of Commerce determined that Tianjin Magnesium International was dumping pure magnesium in the United States as an application of adverse facts available when Tianjin Magnesium International failed to cooperate to the best of its ability. The Department of Commerce assigned Tianjin Magnesium International a rate of 111.73%. In the previous review, the rate calculated for Tianjin Magnesium International was 0.63%.

As a result of these final results, the Department of Commerce will instruct the U.S. Customs & Border Protection to liquidate the May 1, 2007, through April 30, 2008 entries of Tianjin Magnesium International merchandise, calculating additional import duties at 111.73% of the entered value of the pure magnesium.

IMPORTERS - watch the liquidation instructions and liquidations carefully. If there are any errors in the instructions, you must sue the Department of Commerce within 2 years. If the U.S. Customs and Border Protection does not liquidate your entries within 6 months of publication of the final, the merchandise liquidates as entered. In this case, that would mean you would not be liable for the over 17,000% increase in import duty liability.

Current Rates:

Producer/Exporter Rate

Shanxi Datuhe Coke & Chemicals, Co., Ltd. 111.73%

Taiyuan Heavy Machinery Import and Export Corporation 69.53%

Tianjin Magnesium International Co., Ltd. 111.73%

PRC-wide Rate 108.26%

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