MESSAGE NO: 7181118 DATE: 06 30 1997
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 815 - -
- - - -
- - - -

PERIOD COVERED: 12 06 1991 TO 12 31 1992

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR PURE AND ALLOY MAGNESIUM
FROM CANADA (C-122-815) FOR THE PERIOD
12/6/91 THROUGH 12/31/92

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF MARCH 24, 1997 (62 FR 13847), THE FINAL RESULTS OF ITS
ADMIISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER (C-122-815)
ON PURE AND ALLOY MAGNESIUM FROM CANADA FOR THE 12/06/91 -
12/31/92 PERIOD.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENTS OF PURE AND ALLOY
MAGNESIUM FROM CANADA. PURE MAGNESIUM CONTAINS AT LEAST 99.8
PERCENT MAGNESIUM BY WEIGHT AND IS SOLD IN VARIOUS SLAB AND INGOT
FORMS AND SIZES. 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. SECONDARY AND GRANULAR MAGNESIUM ARE NOT
INCLUDED IN THE SCOPE OF THE ORDERS. PURE AND ALLOY MAGNESIUM
ARE CURRENTLY PROVIDED FOR IN SUBHEADINGS 8104.11.0000 AND
8104.19.0000, RESPECTIVELY OF THE HARMONIZED TARIFF SCHEDULE
("HTS"). ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE
SCOPE OF THIS PROCEEDING IS DISPOSITIVE.

3. THE NET SUBSIDY WAS FOUND TO BE 9.86 PERCENT AD VALOREM FOR
THE PERIOD 12/06/91 THROUGH 04/03/92 AND 9.86 PERCENT AD VALOREM
FOR THE PERIOD 09/01/92 THROUGH 12/31/92. THE PERIOD 04/04/92
THROUGH 08/31/92 IS NOT SUBJECT TO ANY COUNTERVAILING DUTIES.

4. ACCORDINGLY, YOU ARE NOW INSTRUCTED TO ASSESS COUNTERVAILING
DUTIES OF 9.86 PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS OF
THIS MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 12/06/91 AND ON OR BEFORE 04/03/92, 9.86
PERCENT OF THE ENTERED VALUE ON ALL SHIPMENTS OF THIS MERCHANDISE
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR AFTER
09/01/92 EXPORTED ON OR BEFORE 12/31/92. SHIPMENTS OF THIS
MERCHANDISE ENTERED, OR WITHDRAWN, FROM WAREHOUSE, ON OR AFTER
04/04/92 AND ON OR BEFORE 08/31/92 SHOULD BE LIQUIDATED WITHOUT
REGARD TO COUNTERVAILING DUTIES.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES 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 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 PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES IS REQUIRED 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. PLEASE NOTE THAT THE ASSESSMENT OF COUNTERVAILING DUTIES ON
ENTRY SUMMARIES MADE ON OR AFTER THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION AND BEFORE THE INTERNATIONAL TRADE
COMMISSION'S FINAL AFFIRMATIVE INJURY DETERMINATION CANNOT EXCEED
THE AMOUNT OF CASH DEPOSIT OR BOND IN EFFECT AT THE TIME OF ENTRY
SUMMARY.

7. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE 12/31/92 IS LIFTED. SUSPENSION OF
LIQUIDATION FOR ALL ENTRY SUMMARIES OF THIS MERCHANDISE EXPORTED
AFTER 12/31/92 WILL CONTINUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, IMPORT OPERATIONS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
CYNTHIA THIRUMALAI OF OFFICE 1, GROUP I, IMPORT ADMINISTRATION,
DEPARTMENT OF COMMERCE, AT 202 482-4087.

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

BYLLE PATTERSON
(ACTING)