CIT Upholds ITC's Sunset Revocation of Russia Magnesium Metal

The International Trade Commission’s decision to revoke the antidumping duty order on magnesium metal from Russia was upheld by the Court of International Trade. Plaintiff US Magnesium LLC challenged the ITC’s negative injury determination in its 2010 sunset review of the AD order with respect to its decision not to conduct its injury determination based on the combined (“cumulated”) imports of magnesium from Russia and China, as well as its determination to revoke the AD order with respect to Russia. CIT said the ITC’s decision not to combine Russian and Chinese imports, as well as its decision to revoke the AD order, were both supported by substantial evidence, including, among other things, the decline of the Russian magnesium industry and the different uses for Russian and Chinese magnesium.

(Slip Op. 12-64, dated 05/16/12, public version 05/29/12, Judge Goldberg)