MESSAGE NO: 2213112 DATE: 07 31 1992
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 403 - 803 - -
- - - -
- - - -

PERIOD COVERED: 07 13 1992 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: FINAL NEGATIVE DETERMINATION OF SALES AT LESS THAN FAIR
VALUE: PURE AND ALLOY MAGNESIUM FROM NORWAY (A-403-803)


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

THE DEPARTMENT RESCINDED THE INVESTIGATION ON ALLOY BECAUSE IT
DETERMINED THAT THE EVIDENCE PROVIDED BY THE PETITIONER WAS
INSUFFICIENT TO SUPPORT THE DUMPING ALLEGATION AGAINST ALLOY
MAGNESIUM.

2. THE PRODUCT COVERED BY THIS INVESTIGATION IS PURE MAGNESIUM
FROM NORWAY. 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.

3. THE U.S. CUSTOMS SERVICE SHALL TERMINATE SUSPENSION OF
LIQUIDATION OF ALL ENTRIES OF PURE MAGNESIUM BY VIRTUE OF OUR
FINDING OF SALES MADE AT NOT LESS THAN FAIR VALUE. CUSTOMS SHALL
ALSO TERMINATE SUSPENSION OF LIQUIDATION OF ALL ENTRIES OF ALLOY
MAGNESIUM PURSUANT TO OUR RESCISSION OF THE INVESTIGATION OF THIS
CLASS OR KIND OF MERCHANDISE. CUSTOMS SHALL RELEASE ANY CASH
DEPOSITS OR BONDS POSTED ON ENTRIES OF PURE MAGNESIUM AND ALLOY
MAGNESIUM.


4. FOR FURTHER REPORTING PURPOSES, THIS ANTIDUMPING DUTY CASE
HAS BEEN ASSIGNED INVESTIGATION NUMBER A-403-803.

5. 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
STEPHANIE HAGER OR PAULO MENDES OF THE OFFICE OF COUNTERVAILING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE:
(202)377-5055 OR 377-5050, RESPECTIVELY.

THERE ARE NO RESTRICTIONS ON THE ABOVE INFORMATION.

NANCY MCTIERNAN