NEW YORK The U.S. Court
of International Trade (CIT) has reinstated the results of an
anti-dumping administrative review of magnesium metal from
Russia in 2006 and 2007.
The Commerce Departments
International Trade Administration (ITA) in 2008 assessed a
dumping margin of 15.77 percent on U.S. imports of magnesium
metal from VSMPO-Avisma Corp. from April 1, 2006, to March 31,
amm.com, Sept. 10, 2008).
Verkhnaya Salda, Russia-based
VSMPO-Avisma and its U.S. subsidiary, VSMPO-Tirus U.S. Inc.,
challenged the results at the CIT, complaining that Commerce
did not consider some of its evidence because the agency
wrongly concluded it was untimely. The CIT sided with
VSMPO-Avisma and remanded the case back to Commerce, which
subsequently changed the rate to 8.51 percent.
U.S. Magnesium LLC appealed the
lower margin, and in July the U.S. Court of Appeals ruled that
the CIT erred in requiring Commerce to consider the evidence
and remanded the case back to the trade court. As a result, CIT
senior judge Judith M. Barzilay this month ordered that the
original final results of the review be reinstated and
In the meantime, the U.S.
International Trade Commission last year revoked duties on
Russian magnesium, voting 4-to-1 that imports of the product no
longer harmed the U.S. industry (
amm.com, Feb. 10, 2011).