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Trade court reinstates old magnesium duty

Keywords: Tags  magnesium metal, VSMPO-Avisma, VSMPO-Tirus, trade court, ITC, Commerce, anti-dumping, catherine ngai

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 Department’s 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, 2007 (, 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 sustained.

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 (, Feb. 10, 2011).

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