MESSAGE NO: 4351115 DATE: 12 17 1993
CATEGORY: ADA TYPE: FIN
REFERENCE: 2246113 REFERENCE DATE: 09 02 1992
CASES: A - 122 - 814 - -
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PERIOD COVERED: TO

LIQ SUSPENSION DATE: 02 20 1992

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: AMENDMENT OF FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND ORDER IN ACCORDANCE WITH THE
REMAND DECISION OF PURE MAGNESIUM FROM CANADA

1. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED ON
AUGUST 31, 1992, AN ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM
CANADA AND INSTRUCTED CUSTOMS TO COLLECT A CASH DEPOSIT EQUAL TO
31.33 PERCENT AD VALOREM ON ALL ENTRIES OF SUBJECT MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, ON OR AFTER THAT DATE (SEE
E-MAIL #2246113, SEPTEMBER 2, 1992). SUBSEQUENTLY, THE
DETERMINATION OF SALES AT LESS THAN FAIR VALUE WAS APPEALED TO A
U.S. CANADA BINATIONAL PANEL (THE PANEL), AND WAS REMANDED TO THE
DEPARTMENT. THE DEPARTMENT ISSUED ITS REMAND DETERMINATION ON
MAY 27, 1993 WITH A RECALCULATED ESTIMATED MARGIN OF 21 PERCENT
AD VALOREM. THE PANEL AFFIRMED THE DEPARTMENT'S REMAND
DETERMINATION. THEREFORE, ON NOVEMBER 29, 1993, THE DEPARTMENT
PUBLISHED NOTICE OF AN AMENDMENT TO THE FINAL DETERMINATION IN
ACCORDANCE WITH THE DECISION ON REMAND.

2. THE PRODUCT COVERED BY THIS INVESTIGATION 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
FORM 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. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-122-814.

4. U.S. CUSTOMS FIELD OFFICES SHALL CONTINUE TO SUSPEND
LIQUIDATION OF ENTRIES THAT ARE ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER FEBRUARY 20, 1992, AND
SHALL REQUIRE A CASH DEPOSIT ON ENTRIES FILED ON OR AFTER
NOVEMBER 29, 1992, EQUAL TO THE ESTIMATED MARGIN PERCENTAGES
LISTED BELOW:

MANUFACTURER/PRODUCER ID NUMBER FINAL MARGIN
EXPORTER PERCENTAGES

NORSK HYDRO CANADA, INC. A-122-814-001 21.00

ALL OTHERS A-122-814-000 21.00

IMPORTS OF PURE MAGNESIUM FROM TIMMINCO LIMITED ARE EXCLUDED FROM
THIS ORDER.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE TRADE COMPLIANCE DIVISION, CVD
BRANCH, OR BY EMAIL TO ATTRIBUTE "HQ OAB". OTHER INTERESTED
PARTIES SHOULD CONTACT GARY BETTGER (202) 482-2239 OR JENNIFER
YESKE (202) 482-0189.

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

NANCY MCTIERNAN