February 10, 2011
News Release 11-015
Inv. Nos. 731-TA-1071-1072 (Review)
Contact: Peg O'Laughlin, 202-205-1819

USITC MAKES DETERMINATIONS IN FIVE-YEAR (SUNSET) REVIEWS CONCERNING MAGNESIUM FROM CHINA AND RUSSIA

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on magnesium from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. It further determined that revoking the existing antidumping duty order on magnesium from Russia would not be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission's affirmative determination with respect to China, the existing order on imports of this product from China will remain in place. As a result of the Commission's negative determination with respect to Russia, the existing order on imports of this product from Russia will be revoked.

Chairman Deanna Tanner Okun, Vice Chairman Irving A. Williamson, and Commissioners Daniel R. Pearson and Shara L. Aranoff voted in the affirmative with respect to China and in the negative with respect to Russia. Commissioner Charlotte R. Lane voted in the affirmative with respect to both countries. Commissioner Dean A. Pinkert did not participate in these reviews.

Today's action comes under the five-year (sunset) review process required by the Uruguay Round Agreements Act. See the attached page for background on these five-year (sunset) reviews.

The Commission's public report Magnesium from China and Russia (Inv. Nos. 731-TA-1071-1072 (Review), USITC Publication 4214, February 2011) will contain the views of the Commission and information developed during the reviews.

Copies may be requested after March 16, 2011, by emailing pubrequest@usitc.gov, calling 202-205-2000, or writing to the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by fax at 202-205-2104.


BACKGROUND

The Uruguay Round Agreements Act requires the Department of Commerce to revoke an antidumping or countervailing duty order, or terminate a suspension agreement, after five years unless the Department of Commerce and the USITC determine that revoking the order or terminating the suspension agreement would be likely to lead to continuation or recurrence of dumping or subsidies (Commerce) and of material injury (USITC) within a reasonably foreseeable time.

The Commission's institution notice in five-year reviews requests that interested parties file responses with the Commission concerning the likely effects of revoking the order under review as well as other information. Generally within 95 days from institution, the Commission will determine whether the responses it has received reflect an adequate or inadequate level of interest in a full review. If responses to the USITC's notice of institution are adequate, or if other circumstances warrant a full review, the Commission conducts a full review, which includes a public hearing and issuance of questionnaires.

The Commission generally does not hold a hearing or conduct further investigative activities in expedited reviews. Commissioners base their injury determination in expedited reviews on the facts available, including the Commission's prior injury and review determinations, responses received to its notice of institution, data collected by staff in connection with the review, and information provided by the Department of Commerce.

The five-year (sunset) reviews concerning Magnesium from China and Russia were instituted on March 1, 2010.

On June 4, 2010, the Commission voted to conduct full reviews. Chairman Shara L. Aranoff, Vice Chairman Daniel R. Pearson, and Commissioners Deanna Tanner Okun, Charlotte R. Lane, and Irving A. Williamson found that both the domestic and the respondent group responses were adequate and voted for full reviews. Commissioner Dean A. Pinkert did not participate in these reviews.

A record of the Commission's vote to conduct full reviews is available from the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW, Washington, DC 20436. Requests may be made by telephone by calling 202-205-1802.

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