MESSAGE NO: 7101201 DATE: 04 11 2007
CATEGORY: CVD TYPE: LIQ
REFERENCE: 5312202 REFERENCE DATE: 11 08 2005
CASES: C - 122 - 815 - -
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PERIOD COVERED: 01 01 2001 TO 12 31 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR PURE MAGNESIUM & ALLOY
MAGNESIUM FROM CANADA (C-122-815-003) EXPORTED BY
MAGNOLA. SEE ALSO MSGS 3157203 & 4002208

1. ON OCTOBER 31, 2005, THE NAFTA SECRETARIAT PUBLISHED IN THE
FEDERAL REGISTER A NOTICE OF COMPLETION OF PANEL REVIEW OF THE
FINAL RESULTS OF THE NEW SHIPPER REVIEW OF THE COUNTERVAILING
DUTY ORDER ON ALLOY MAGNESIUM FROM CANADA (70 FR 62298). ON
DECEMBER 19, 2006, THE NAFTA SECRETARIAT PUBLISHED IN THE
FEDERAL REGISTER A NOTICE OF COMPLETION OF PANEL REVIEW OF THE
FINAL REMAND DETERMINATION MADE BY THE INTERNATIONAL TRADE
COMMISSION CONCERNING THE FULL SUNSET REVIEW OF THE
COUNTERVAILING DUTY ORDERS ON PURE MAGNESIUM AND ALLOY MAGNESIUM
FROM CANADA (71 FR 75940). AS A RESULT OF THESE DECISIONS, THE
SUSPENSION OF LIQUIDATION TO WHICH MESSAGE NOS. 3157203 (DATED
06/06/2003), 4002208 (DATED 01/02/2004), AND 5312202 (DATED
11/08/2005) REFER SUSPENDING LIQUIDATION OF ENTRIES WHICH ARE
SUBJECT TO THE COUNTERVAILING DUTY ORDER ON ALLOY MAGNESIUM FROM
CANADA FOR PERIOD 01/01/2001 THROUGH 12/31/2001 EXPORTED BY
MAGNOLA METALLURGY INC. ("MAGNOLA") (C-122-815-003) IS LIFTED.
FURTHER, AS A RESULT OF THESE DECISIONS, NO AMENDED FINAL
RESULTS OF THE NEW SHIPPER REVIEW OF THE COUNTERVAILING DUTY
ORDER ON ALLOY MAGNESIUM FROM CANADA WERE PUBLISHED. THEREFORE,
THESE INSTRUCTIONS PROVIDE NOTICE OF THE LIFTING OF SUSPENSION
OF LIQUIDATION OF ENTRIES OF ALLOY MAGNESIUM FROM CANADA FOR THE
PERIOD 01/01/2001 THROUGH 12/31/2001.


2. IMPORTS COVERED BY THIS REVIEW ARE SHIPMENTS OF ALLOY
MAGNESIUM FROM CANADA. MAGNESIUM ALLOYS CONTAIN LESS THAN 99.8
PERCENT MAGNESIUM BY WEIGHT WITH MAGNESIUM BEING THE LARGEST
METALLIC ELEMENT IN THE ALLOY BY WEIGHT, AND ARE SOLD IN VARIOUS
INGOT AND BILLET FORMS AND SIZES. THE MERCHANDISE UNDER REVIEW
IS CURRENTLY CLASSIFIABLE UNDER ITEM 8104.19.0000 OF THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES. SECONDARY AND
GRANULAR MAGNESIUM ARE NOT INCLUDED IN THE SCOPE OF THIS ORDER.

3. THE NET SUBSIDY FOR MAGNOLA WAS FOUND TO BE 7.00 PERCENT AD
VALOREM FOR THE PERIOD 01/01/2001 THROUGH 12/31/2001.

4. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 7.00 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF ALLOY MAGNESIUM FROM CANADA
EXPORTED BY MAGNOLA ON OR AFTER 01/01/2001 AND ON OR BEFORE
12/31/2001.

5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY CBP ON SHIPMENTS
OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778 REQUIRES
THAT CBP PAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON
UNDERPAYMENTS OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
COUNTERVAILING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDERS. INTEREST SHALL BE CALCULATED FROM THE DATE OF PAYMENT
OF ESTIMATED COUNTERVAILING 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. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 12/31/2001 IS LIFTED.

7. 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
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY O1:AM)).

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

CATHY SAUCEDA