MESSAGE NO: 2213111 DATE: 07 31 1992
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 122 - 814 - -
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PERIOD COVERED: 07 13 1992 TO

LIQ SUSPENSION DATE: 11 22 1991

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL AFFIRMATIVE DETERMINATION OF SALES AT LESS THAN FAIR
VALUE: PURE MAGNESIUM FROM CANADA AND RESCISSION OF
INVESTIGATION FOR ALLOY MAGNESIUM FROM CANADA (A-122-814)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 13, 1992, NOTICE OF ITS FINAL AFFIRMATIVE DETERMINATION
OF SALES AT LESS THAN FAIR VALUE FOR PURE MAGNESIUM FROM CANADA
AND RESCISSION OF INVESTIGATION REGARDING ALLOY MAGNESIUM FROM
CANADA.

2. THE DEPARTMENT OF COMMERCE HAS DETERMINED THAT THE EVIDENCE
PROVIDED BY THE PETITIONER WAS INSUFFICIENT TO SUPPORT THE
DUMPING ALLEGATION AGAINST ALLOY MAGNESIUM, AND IS THEREFORE
RESCINDING THE PORTION OF THIS INVESTIGATION DEALING WITH ALLOY
MAGNESIUM FROM CANADA. CUSTOMS SHALL THEREFORE TERMINATE
SUSPENSION OF LIQUIDATION OF ALL ENTRIES OF ALLOY MAGNESIUM
PURSUANT TO OUR RESCISSION OF THE INVESTIGATION OF THIS CLASS OR
KIND OF MERCHANDISE AND SHALL RELEASE ANY CASH DEPOSITS OR BONDS
POSTED ON ENTRIES OF ALLOY MAGNESIUM. HOWEVER, ENTRIES OF ALLOY
MAGNESIUM WHICH HAVE BEEN SUSPENDED PURSUANT TO THE COMMERCE
DEPARTMENT'S AFFIRMATIVE PRELIMINARY DETERMINATION IN THE
CONCURRENT COUNTERVAILING DUTY INVESTIGATION SHALL REMAIN
SUSPENDED.

3. THE U.S. CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ALL ENTRIES OF PURE MAGNESIUM FROM CANADA,
EXCEPT ENTRIES FROM TIMMINCO LIMITED, AND EFFECTIVE JULY 13,
1992, CUSTOMS SHALL REQUIRE A CASH DEPOSIT OR BOND EQUAL TO THE
WEIGHTED-AVERAGE MARGIN PERCENTAGES LISTED BELOW:


MANUFACTURER/ CUSTOMS ID MARGIN PERCENTAGE
PRODUCER/EXPORTER

NORSK HYDRO CANADA INC. A-122-814-001 31.33
TIMMINCO LIMITED A-122-814-002 00.00
ALL OTHERS A-122-814-000 31.33

SINCE THE WEIGHTED-AVERAGE MARGIN FOR TIMMINCO LIMITED IS 0.00,
IT IS EXCLUDED FROM THE SUSPENSION OF LIQUIDATION.

4. THE DEPARTMENT OF COMMERCE HAS ALSO DETERMINED THAT CRITICAL
CIRCUMSTANCES EXIST WITH RESPECT TO NORSK HYDRO CANADA, INC.,
THEREFORE CUSTOMS SHALL SUSPEND LIQUIDATION OF ALL NORSK HYDRO
CANADA INC. ENTRIES THAT WERE ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION, ON OR AFTER NOVEMBER 22, 1991, WHICH
IS 90 DAYS PRIOR TO THE PUBLICATION OF THE NOTICE OF THE
PRELIMINARY DETERMINATION IN THIS INVESTIGATION IN THE FEDERAL
REGISTER, AND SHALL REQUIRE A CASH DEPOSIT OR BOND EQUAL TO 31.33
PERCENT.

5. THE PRODUCT COVERED BY THIS INVESTIGAITON IS PURE MAGNESIUM
FROM CANADA. PURE UNWROUGHT MAGNESIUM CONTAINS AT LEAST 99.8
PERCENT MAGNESIUM BY WEIGHT AND IS SOLD IN VARIOUS SLAB AND INGOT
FORMS AND SIZES. GRANULAR AND SECONDARY MAGNESIUM ARE EXCLUDED
FROM THE SCOPE OF THIS INVESTIGATION. PURE MAGNESIUM IS
CURRENTLY CLASSIFIED UNDER SUBHEADING 8104.11.0000 OF THE
HARMONIZED TARIFF SCHEDULE (HTS). ALTHOUGH THE HTS SUBHEADING IS
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN
DESCRIPTION OF THE SCOPE OF THIS PROCEEDING IS DISPOSITIVE.

6. FOR FURTHER REPORTING PURPOSES, THIS ANTIDUMPING DUTY CASE
HAS BEEN ASSIGNED INVESTIGATION NUMBER A-122-814.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD CONTACT THE IMPORT SPECIALIST DIVISION,
OTHER AGENCY BRANCH VIA E-MAIL BY USING ATTRIBUTE "HQ OAB". THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT MAGD
ZALOK OF THE OFFICE OF COUNTERVAILING INVESTIGATIONS, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, TELEPHONE: (202)377-4162.

THERE ARE NO RESTRICTIONS ON THE ABOVE INFORMATION.

NANCY MCTIERNAN