MESSAGE NO: 4349204 DATE: 12 14 2004
CATEGORY: ADA TYPE: LIQ
REFERENCE: 4002208 REFERENCE DATE: 01 02 2004
CASES: A - 122 - 814 - -
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PERIOD COVERED: 08 01 2000 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: REVOCATION OF ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM
FROM CANADA (A-122-814)



1. ON NOVEMBER 19, 2004, THE NAFTA SECRETARIAT PUBLISHED IN THE
FEDERAL REGISTER A NOTICE OF COMPLETION OF PANEL REVIEW OF THE
FINAL REMAND DETERMINATION MADE BY THE DEPARTMENT OF COMMERCE
CONCERNING THE FULL FIVE-YEAR ("SUNSET") REVIEW OF THE
ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM CANADA. THE
DEPARTMENT HAS SUBSEQUENTLY AMENDED THE FINAL RESULTS OF THE
SUNSET REVIEW. AS A RESULT, THE DEPARTMENT OF COMMERCE HAS
REVOKED THE ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM CANADA
(A-122-814), AND PUBLISHED THE REVOCATION IN THE FEDERAL REGISTER
(69 FR 70649) ON DECEMBER 7, 2004. THE EFFECTIVE DATE OF THE
REVOCATION IS AUGUST 1, 2000, THE EFFECTIVE DATE OF THE ORIGINAL
FULL SUNSET REVIEW. PURE MAGNESIUM FROM CANADA IS CURRENTLY
CLASSIFIED IN THE FOLLOWING HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES ("HTSUS") ITEM NUMBERS: 8104.11.0000.

2. THEREFORE, CBP IS DIRECTED TO TERMINATE THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF PURE MAGNESIUM FROM CANADA
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
AUGUST 1, 2000. ALL ENTRIES OF THE SUBJECT PRODUCT THAT WERE
SUSPENDED ON OR AFTER AUGUST 1, 2000, SHOULD BE LIQUIDATED
WITHOUT REGARD TO ANTIDUMPING DUTIES (I.E., RELEASE ALL BONDS AND
REFUND ALL CASH DEPOSITS).

3. THE LIFTING OF SUSPENSION OF LIQUIDATION DOES NOT AFFECT THE
REQUIREMENTS OF A CASH DEPOSIT OR BOND ON ENTRIES THAT MAY BE

SUBJECT TO COUNTERVAILING DUTIES UNDER THE COMPANION
COUNTERVAILING DUTY ORDER ON PURE MAGNESIUM FROM CANADA (C-122-
815). INSTRUCTIONS REGARDING LIQUIDATION OF ENTRIES UNDER THE
COUNTERVAILING DUTY ORDER ON OR AFTER AUGUST 1, 2000, WERE SENT
IN MESSAGES 4002207, 4002208, 3339202, AND 4299203.

4. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THAT CBP PAYS INTEREST ON OVERPAYMENTS AND ASSESS
INTEREST ON UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANTIDUMPING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE ANTIDUMPING DUTY
ORDER. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE
RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT
UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY (GENERATED BY O1:SH).

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA