• Period Covered: 01/01/2004 to 12/31/2004

MESSAGE NO: 7108215 DATE: 04 18 2007
CATEGORY: CVD TYPE: LIQ
REFERENCE: 6198204 REFERENCE DATE: 07 17 2006
CASES: C - 122 - 815 - -
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PERIOD COVERED: 01 01 2004 TO 12 31 2004

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR PURE MAGNESIUM AND ALLOY MAGNESIUM
FROM CANADA EXPORTED BY NORSK HYDRO CANADA INC.
(C-122-815-002)

1. 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 THIS DECISION, THE
SUSPENSION OF LIQUIDATION TO WHICH MESSAGE NO. 6198204 (DATED
07/17/2006) REFERS SUSPENDING LIQUIDATION OF ENTRIES WHICH ARE
SUBJECT TO THE COUNTERVAILING DUTY ORDERS ON PURE MAGNESIUM AND
ALLOY MAGNESIUM FROM CANADA FOR PERIOD 01/01/2004 THROUGH
12/31/2004 EXPORTED BY NORSK HYDRO CANADA INC. IS LIFTED ON
12/19/2006.

2. 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.

3. THE NET SUBSIDY FOR NORSK HYDRO CANADA INC. WAS FOUND TO BE
0.51 PERCENT AD VALOREM FOR THE PERIOD 01/01/2004 THROUGH
12/31/2004.
4. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 0.51 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF PURE MAGNESIUM AND ALLOY
MAGNESIUM FROM CANADA EXPORTED BY NORSK HYDRO CANADA INC. ON OR
AFTER 01/01/2004 AND ON OR BEFORE 12/31/2004.

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 AFTER 01/01/2004 AND ON OR BEFORE 12/31/2004 IS
LIFTED. SUSPENSION OF LIQUIDATION FOR CERTAIN ENTRIES OF THIS
MERCHANDISE EXPORTED BEFORE 01/01/2004 AND ALL ENTRIES OF THIS
MERCHANDISE EXPORTED AFTER 12/31/2004 WILL CONTINUE.

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