MESSAGE NO: 9335111 DATE: 12 01 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 815 - -
- - - -
- - - -

PERIOD COVERED: 01 01 1997 TO 12 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NON REVIEW AUTOMATIC LIQUIDATION INSTRUCTIONS ON ALLOY AND
PURE MAGNESIUM FROM CANADA (C-122-815)


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF COUNTERVAILING FINDINGS/DUTY
ORDERS. INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE
WITH SECTION 351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY
FINDING/ORDER FOR THE PERIODS AND ON THE MERCHANDISE LISTED
BELOW, EXCEPT FOR THE FIRM NOTED. THEREFORE, IN ACCORDANCE
WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON
THE DATE OF ENTRY SUMMARY.

MERCHANDISE/CASE NUMBER/PERIOD/CASH DEPOSIT OR BONDING RATE

ALLOY MAGNESIUM FROM CANADA

C-122-815 1/1/97 - 12/31/97

Cash Deposit Rate 1/1/97-9/16/97: 7.61%
Cash Deposit Rate 9/17/97-12/31/97: 7.34%

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
NORSK HYDRO CANADA, INC. (NHCI) (C-122-815-002)

PURE MAGNESIUM FROM CANADA

C-122-815 1/1/97 - 12/31/97

Cash Deposit Rate 1/1/97-9/16/97: 7.61%
Cash Deposit Rate 9/17/97-12/31/97: 7.34%

LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
NORSK HYDRO CANADA, INC. (NHCI) (C-122-815-002)

3. ENTRIES OF BOTH TYPES OF MERCHANDISE OF EXCEPTED FIRM
SHOULD NOT BE LIQUIDATED UNTIL YOU RECEIVE SPECIFIC
INSTRUCTIONS AFTER THE COMPLETION OF THE COUNTERVAILING
REVIEW. CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF
BOTH TYPES OF MERCHANDISE EXPORTED OR PRODUCED BY NHCI AND
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING
THIS PERIOD.

4. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSITS OF ESTIMATED COUNTERVAILING DUTIES FOR SUBSEQUENT
ENTRIES OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES.

5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE 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 CUSTOMS PAY INTEREST ON
OVERPAYMENTS AND 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.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT MARIAN WELLS, AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE, AT 202-482-6309.

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

PAUL SCHWARTZ