The product covered by this order is pure primary magnesium regardless of chemistry, form or size, unless expressly excluded from the scope of this order. Primary 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 primary magnesium is used as an input in producing magnesium alloy.
Pure primary magnesium encompasses products (including, but not limited to, butt ends, stubs, crowns and crystals) <SUP>2</SUP> with the following primary magnesium contents:
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\2\ Since the antidumping duty order was issued, we have clarified that the scope of the original order includes, but is not limited to, butt ends, stubs, crowns and crystals. See May 22, 1997, instructions in U.S. customs and November 14, 1997, Final Scope Rule of Antidumping Duty Order on Pure Magnesium from the PRC.
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(1) Products that contain at least 99.95% primary magnesium, by weight[[Page 3086]]
(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 (generally referred to as ``off-specification pure'' magnesium) 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.
``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.
Scope Rulings Completed Between October 1, 1997 and December 31, 1997
American Metallurgical Inc. (AMI)--Magnesium crystal granules having a maximum dimension (i.e., length or diameter) of less than one inch are included within the scope of the order. 11/14/97.
Scope Rulings Completed Between October 1, 1998 and March 31, 2000
Rossborough Manufacturing Company, LP; AZ10A magnesium is off-specification pure magnesium within the scope; July 22, 1999.
Scope Rulings Completed Between October 1, 2006 and December 31, 2006
Requestor: US Magnesium LLC; alloy magnesium extrusion billets produced in Canada by Timminco, Ltd. from pure magnesium of Chinese origin are not within the scope of the antidumping duty order; November 9, 2006.
Requestor: U.S. Magnesium LLC; pure magnesium produced in France using pure magnesium from the PRC is within the scope of the antidumping duty order; December 4, 2006.
Scope Rulings Made Between July 1, 2015 and September 31, 2015
Requestor: Dead Sea Magnesium Ltd. (``DSM''); DSM's patented magnesium alloys are subject to the order on Pure Magnesium from the People's Republic of China because they contain 50 percent or greater, but less than 99.8 percent primary magnesium, by weight, and do not conform to ASTM specifications for alloy magnesium. DSM's magnesium alloys are not subject to the order on Magnesium Metal from the People's Republic of China; July 16, 2015.
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