CIT Upholds Remand's Adverse Rate in Russia Magnesium Metal

Russian producer PSC VSMPO-AVISMA Corp. (together with affiliate VSMPO-Tirus, U.S., Inc.) elected to withhold its participation in the AD administrative review of magnesium metal from the Russian Federation for the period April 1, 2007 through March 31, 2008, and the International Trade Administration then assigned it an adverse AD duty rate of 43.58 percent, which the company argued was not connected to commercial reality. In response to remand instructions from the Court of International Trade, the ITA cited import statistics showing AVISMA’s U.S. prices during the period of review, at a time of a rising ruble value. The CIT concluded that the agency had sufficiently demonstrated that AVISMA could have dumped at a rate close to 43.58% and upheld that rate assignment. (Slip Op. 11-115, dated 09/15/11)