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News Release 19-125
Inv. No(s). 701-TA-614 and 731-TA-1431 (Final)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that a U.S. industry is not materially injured or threatened with material injury by reason of imports of magnesium from Israel that the U.S. Department of Commerce (Commerce) has determined are subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Rhonda K. Schmidtlein, Jason E. Kearns, Randolph J. Stayin, and Amy A. Karpel voted in the negative.
As a result of the USITC’s negative determinations, no antidumping or countervailing duty orders will be issued.
The Commission’s public report Magnesium from Israel (Inv. Nos. 701-TA-614 and 731-TA-1431 (Final), USITC Publication 5009, January 2020) will contain the views of the Commission and information developed during the investigations.
The report will be available by January 27, 2020; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Magnesium from Israel
Investigation Nos. 701-TA-614 and 731-TA-1431 (Final)
Product Description: Primary and secondary pure and alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this investigation also includes blends of primary magnesium, scrap, and secondary magnesium.
Status of Proceedings:
1. Type of investigation: Final phase antidumping duty and countervailing duty investigations.
2. Petitioner: US Magnesium, Salt Lake City, UT.
3. USITC Institution Date: Wednesday, October 24, 2018.
4. USITC Hearing Date: Thursday, November 21, 2019.
5. USITC Vote Date: Wednesday, December 18, 2019.
6. USITC Notification to Commerce Date: Monday, January 13, 2020.
U.S. Industry in 2018:
1. Number of U.S. producers: 7
2. Location of producers’ plants: Illinois, Indiana, Missouri, New Jersey, Pennsylvania, Tennessee, and Utah.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2018:
1. Subject imports: 1
2. Nonsubject imports: 1
3. Leading import sources: Israel, Russia, Turkey, and Taiwan.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 18-142
Inv. No(s). 701-TA-614 and 731-TA-1431 (Prelimininary)
Contact: Peg O'Laughlin, 202-205-1819
The United States International Trade Commission (USITC) today determined that there is a reasonable indication that a U.S. industry is materially injured by reason of imports of magnesium from Israel that are allegedly subsidized and sold in the United States at less than fair value.
Chairman David S. Johanson and Commissioners Irving A. Williamson, Rhonda K. Schmidtlein, and Jason E. Kearns voted in the affirmative. Commissioner Meredith M. Broadbent voted in the negative.
As a result of the Commission’s affirmative determinations, the U.S. Department of Commerce will continue with its antidumping and countervailing duty investigations concerning imports of this product from Israel, with its preliminary countervailing duty determinations due on or about January 17, 2019, and its preliminary antidumping duty determinations due on or about April 2, 2019.
The Commission’s public report Magnesium from Israel (Inv. Nos. 701-TA-614 and 731-TA-1431 (Preliminary), USITC Publication 4860, December 2018) will contain the views of the Commission and information developed during the investigations.
The report will be available after January 17, 2019; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
UNITED STATES INTERNATIONAL TRADE COMMISSION
Washington, DC 20436
FACTUAL HIGHLIGHTS
Magnesium from Israel
Investigation Nos. 701-TA-614 and 731-TA-1431 (Preliminary)
Product Description: The products covered by this investigation are primary and secondary pure and alloy magnesium metal, regardless of chemistry, raw material source, form, shape, or size. Magnesium is a metal or alloy containing by weight primarily the element magnesium. Primary magnesium is produced by decomposing raw materials into magnesium metal. Secondary magnesium is produced by recycling magnesium-based scrap into magnesium metal. The magnesium covered by this investigation also includes blends of primary magnesium, scrap, and secondary magnesium.
Status of Proceedings:
1. Type of investigation: Preliminary phase antidumping duty and countervailing duty investigations.
2. Petitioners: US Magnesium LLC, Salt Lake City, UT.
3. USITC Institution Date: Wednesday, October 24, 2018.
4. USITC Conference Date: Wednesday, November 14, 2018.
5. USITC Vote Date: Friday, December 7, 2018.
6. USITC Notification to Commerce Date: Tuesday, December 11, 2018.
U.S. Industry in 2017:
1. Number of U.S. producers: 4.
2. Location of producers’ plants: Illinois, Indiana, Missouri, Tennessee, and Utah.
3. Production and related workers: [1]
4. U.S. producers’ U.S. shipments: 1
5. Apparent U.S. consumption: 1
6. Ratio of subject imports to apparent U.S. consumption: 1
U.S. Imports in 2017:
1. Subject imports: $44.7 million.
2. Nonsubject imports: $47.1 million.
3. Leading import sources: Israel, Russia, Canada, and Taiwan.
[1] Withheld to avoid disclosure of business proprietary information.
News Release 18-018
Inv. No(s). 731-TA-895 (Third Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on imports of pure granular magnesium from China would 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, the existing antidumping duty order on imports of this product from China will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson and Meredith M. Broadbent voted in the affirmative.
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 this five-year (sunset) review.
The Commission’s public report Pure Granular Magnesium from China (Inv. No. 731-TA-895 (Third Review), USITC Publication 4761, February 2018) will contain the views of the Commission and information developed during the review.
The report will be available by March 9, 2018; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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) review concerning Pure Granular Magnesium from China was instituted on September 1, 2017.
On December 5, 2017, the Commission voted to conduct an expedited review. Chairman Rhonda K. Schmidtlein and Commissioners Irving A. Williamson and Meredith M. Broadbent concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Vice Chairman David S. Johanson also concluded that the domestic group response for this review was adequate and the respondent group response was inadequate but that circumstances warranted a full review.
A record of the Commission’s vote to conduct an expedited review 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.
News Release 17-039
Inv. No(s). 731-TA-696 (Fourth Review)
Contact: Peg O'Laughlin, 202-205-1819
The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on pure magnesium (ingot) from China would 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, the existing antidumping duty order on imports of this product from China will remain in place.
Chairman Rhonda K. Schmidtlein, Vice Chairman David S. Johanson, and Commissioners Irving A. Williamson, Meredith M. Broadbent, and F. Scott Kieff voted in the affirmative.
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 this five-year (sunset) review.
The Commission’s public report Pure Magnesium from China (Inv. No. 731-TA-696 (Fourth Review), USITC Publication 4678, March 2017) will contain the views of the Commission and information developed during the review.
The report will be available by April 19, 2017; when available, it may be accessed on the USITC website at: http://pubapps.usitc.gov/applications/publogs/qry_publication_loglist.asp.
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) review concerning Pure Magnesium from China was instituted on October 3, 2016.
On January 6, 2017, the Commission voted to conduct an expedited review. Then-Chairman Irving A. Williamson, Vice Chairman David S. Johanson, and Commissioners Meredith M. Broadbent, F. Scott Kieff, and Rhonda K. Schmidtlein concluded that the domestic group response for this review was adequate and the respondent group response was inadequate and voted for an expedited review. Then-Commissioner Dean A. Pinkert did not participate in this review.
A record of the Commission’s vote to conduct an expedited review 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.