MESSAGE NO: 6242115 DATE: 08 29 1996
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 105 - -
- - - -
- - - -

PERIOD COVERED: 08 08 1996 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, TECHNICAL PROGRAMS

RE: ANTIDUMPING SCOPE RULING ON PURE MAGNESIUM FROM THE
RUSSIAN FEDERATION (A-462-105)


1. ON AUGUST 8, 1996, IN RESPONSE TO A REQUEST BY AN IMPORTER
OF SUBJECT MERERCHANDISE, THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT THE MERCHANDISE CONTAINED IN ENTRIES
331-9246492-4 AND 331-92476357, IS OUTSIDE THE SCOPE OF THE
ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM THE RUSSIAN
FEDERATION BECAUSE THE MERCHANDISE MEETS THE CRITERIA FOR
SECONDARY MAGNESIUM WHICH IS EXPLICITLY EXCLUDED FROM THE SCOPE
OF THIS ORDER.

2. EFFECTIVE IMMEDIATELY, TERMINATE SUSPENSION AND LIQUIDATE
UNLIQUIDATED ENTRIES, 331-9246492-4 AND 331-9247635-7.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-821-805. FOR CUSTOMS PURPOSES ONLY, THE
IDENTIFICATION NUMBER IS A-462-105.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS.
RELATING TO THE TWO ABOVE-NOTED ENTRIES.

5. THE REFUND OF CASH DEPOSITS BY THE CUSTOMS SERVICE ON ENTRIES
OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CUSTOMS PAY
INTEREST ON OVERPAYMENTS, OR ASSESS INTEREST ON UNDERPAYMENTS, OF
THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES. 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.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF PURE MAGNESIUM
SUBJECT TO THE ANTIDUMPING DUTY ORDER ON PURE MAGNESIUM FROM THE
RUSSIAN FEDERATION.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD CONTACT
DOROTHY TOMASZEWSKI ON 202-482-0631. IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.

8. THERE ARE N0 RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.


NANCY MCTIERNAN