MESSAGE NO: 8246205 DATE: 09 02 2008
CATEGORY: CVD TYPE: LIQ
REFERENCE: 5312203 REFERENCE DATE: 11 08 2005
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-122-815-003) (SUSPENSION REFERED TO IN
MESSAGES 4343209 & 5312203 IS LIFTED)

1. ON JULY 16, 2008, THE NAFTA SECRETARIAT PUBLISHED IN THE
FEDERAL REGISTER A NOTICE OF TERMINATION OF THE PANEL REVIEW OF
THE FINAL RESULTS OF THE 2002 ADMINISTRATIVE REVIEW OF THE
COUNTERVAILING DUTY ORDERS ON PURE MAGNESIUM AND ALLOY
MAGNESIUM FROM CANADA (73 FR 40851). ALSO, 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 ACTIONS, THE SUSPENSION OF
LIQUIDATION TO WHICH MESSAGE NOS. 4343209 (DATED 12/08/2004)
AND 5312203 (DATED 11/08/2005) 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 MAGNOLA 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 OF PURE
MAGNESIUM AND ALLOY MAGNESIUM FROM CANADA FOR THE PERIOD
01/01/2002 THROUGH 12/31/2002.

2. THE NET SUBSIDY FOR MAGNOLA METALLURGY INC. (MAGNOLA)
(C-122-815-003) WAS FOUND TO BE 1.84 PERCENT AD VALOREM FOR THE
PERIOD 01/01/2002 THROUGH 12/31/2002.


3. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 1.84 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF PURE AND ALLOY MAGNESIUM FROM
CANADA EXPORTED BY MAGNOLA ENTERED ON OR AFTER 01/01/2002 AND
ON OR BEFORE 12/31/2002.

4. THE ASSESSMENT OF COUNTERVAILING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION (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 ORDER. 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.

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
ENTERED ON OR AFTER 01/01/2002 AND ON OR BEFORE 12/31/2002 IS
LIFTED.

6. 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).

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

DAVID M. GENOVESE