MESSAGE NO: 7221204 DATE: 08 09 2007
CATEGORY: CVD TYPE: LIQ
REFERENCE: 4350203 REFERENCE DATE: 12 15 2004
CASES: C - 122 - 815 - -
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PERIOD COVERED: 01 01 2002 TO 12 31 2002

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR PURE MAGNESIUM AND ALLOY MAGNESIUM FROM
CANADA (C-122-815-002)


1. ON JANUARY 25, 2005, IN RESPONSE TO NHCI'S VOLUNTARY
DISMISSAL, THE COURT OF INTERNATIONAL TRADE ISSUED ITS ORDER
DISMISSING CASE NO. 04-00560. ON JULY 16, 2007, THE NAFTA
BINATIONAL PANEL DISMISSED NHCI'S PORTION OF CASE NO. USA-CDA-
2004-1904-01. 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).

2. AS A RESULT OF THESE ACTIONS, THE INJUNCTION TO WHICH
MESSAGE NO. 4350203 (DATED 12/15/2004) REFER ENJOINING
LIQUIDATION OF ENTRIES IS DISSOLVED AND THE SUSPENSION OF
LIQUIDATION TO WHICH MESSAGE NOS. 5047204 (DATED 2/16/2005) AND
3339202 (DATED 12/05/2003) REFER SUSPENDING LIQUIDATION OF
ENTRIES WHICH ARE SUBJECT TO THE COUNTERVAILING DUTY ORDERS ON
PURE MAGNESIUM AND ALLOY MAGNESIUM FROM CANADA FOR THE PERIOD
01/01/2002 THROUGH 12/31/2002 EXPORTED BY NHCI IS LIFTED.
FURTHER, AS A RESULT OF THESE ACTIONS, NO AMENDED FINAL RESULTS
OF THE 2002 ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY
ORDERS ON PURE MAGNESIUM AND ALLOY MAGNESIUM FROM CANADA WERE
PUBLISHED. THEREFORE, THESE INSTRUCTIONS PROVIDE NOTICE OF THE
LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES FOR NHCI ONLY OF
PURE MAGNESIUM AND ALLOY MAGNESIUM FROM CANADA FOR THE PERIOD
01/01/2002 THROUGH 12/31/2002. DO NOT LIQUIDATE ENTRIES BY
MAGNOLA METALLURGY INC. ("MAGNOLA").

3. IMPORTS COVERED BY THESE REVIEWS ARE SHIPMENTS OF PURE
MAGNESIUM 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. THE MERCHANDISE UNDER REVIEW IS CURRENTLY CLASSIFIABLE
UNDER ITEMS 8104.11.0000 AND 8104.19.0000 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES. SECONDARY AND GRANULAR
MAGNESIUM ARE NOT INCLUDED IN THE SCOPE OF THESE REVIEWS.

4. THE NET SUBSIDY FOR NHCI (C-122-815-002) WAS FOUND TO BE
1.07 PERCENT AD VALOREM FOR THE PERIOD 01/01/2002 THROUGH
12/31/2002.

5. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 1.07 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF PURE MAGNESIUM AND ALLOY
MAGNESIUM FROM CANADA EXPORTED BY NHCI ON OR AFTER 01/01/2002
AND ON OR BEFORE 12/31/2002.

6. 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.

7. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR AFTER 01/01/2002 AND ON OR BEFORE 12/31/2002 IS
LIFTED EXCEPT FOR ENTRIES BY MAGNOLA.

8. 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)).

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

CATHY SAUCEDA