International Trade Law News

On February 17, 2005, the U.S. Department of Commerce (DOC) issued the final determinations in the antidumping duty investigations of magnesium metal from the People's Republic of China (PRC) and the Russian Federation (Russia). DOC found that producers/exporters have sold magnesium metal from the PRC and Russia in the U.S. market at less than fair value, with margins ranging from 91.31% to 141.49% and from 18.65% to 22.28%, respectively.

DOC determined that one Chinese company in this investigation, Guangling Jinghua Science and Technology Co, Ltd., has demonstrated an absence of government control with respect to its export activities and is eligible for "separate rate" status. This "separate rate" was determined by weighted-averaging the dumping margin of the mandatory respondents in this investigation, excluding rates which are based on "adverse facts available." Therefore, imports produced and/or exported by Guangling Jinghua Science and Technology Co, Ltd., will be subject to a "separate rate" of 91.31%.

The U.S. International Trade Commission (ITC) is scheduled to announce its final injury determination on or about April 4, 2005. If the ITC makes an affirmative determination that imports of magnesium metal from the PRC and Russia are materially injuring, or threatening to materially injure, the domestic industry in the United States, the Department will issue antidumping duty orders and instruct U.S. Customs and Border Protection to collect antidumping duties on the subject imports. If the ITC makes a negative injury determination, the investigations will be terminated and no order will be issued.

The petitions requesting these investigations were filed on February 27, 2004 by the US Magnesium Corporation LLC (US Magnesium), (UT); United Steelworkers of America, Local 8319, (UT); and Glass, Molders, Pottery, Plastics & Allied Workers International, Local 374, (CA), an ad hoc coalition representative of U.S. producers of magnesium metal.