MESSAGE NO: 8141201 DATE: 05 20 2008
CATEGORY: CVD TYPE: LIQ
REFERENCE: 6026208 REFERENCE DATE: 01 26 2006
CASES: C - 122 - 815 - -
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PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQ. INST. FOR PURE MAGNESIUM AND ALLOY MAGNESIUM FROM
CANADA PRO'D OR EXP'D BY MAGNOLA METALLURGY (SUSPENSION
MSG 4299203 & INJ. MSG 6026208 LIFTED) (C-122-815-003)

1. ON NOVEMBER 20, 2007, THE COURT OF APPEALS FOR THE FEDERAL
CIRCUIT ISSUED A FINAL DECISION IN THE CASE OF MAGNOLA
METALLURGY, INC. V. UNITED STATES AND U.S. MAGNESIUM LLC
(2007-1099). 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 INJUNCTION TO WHICH MESSAGE NO. 6026208
(DATED 01/26/2006) REFERS ENJOINING LIQUIDATION OF ENTRIES IS
DISSOLVED AND THE SUSPENSION OF LIQUIDATION TO WHICH MESSAGE
NO. 4299203 (DATED 10/25/2004) REFERS SUSPENDING LIQUIDATION OF
ENTRIES WHICH ARE SUBJECT TO THE COUNTERVAILING DUTY ORDERS ON
PURE MAGNESIUM AND ALLOY MAGNESIUM FROM CANADA FOR THE PERIOD
01/01/2003 THROUGH 12/31/2003 PRODUCED OR EXPORTED BY MAGNOLA
IS LIFTED.

FURTHER, AS A RESULT OF THESE ACTIONS, NO AMENDED
FINAL RESULTS OF THE 2003 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 01/01/2003 THROUGH 12/31/2003.

2. THE NET SUBSIDY FOR MAGNOLA METALLURGY INC. ("MAGNOLA")
(C-122-815-003) WAS FOUND TO BE 5.40 PERCENT AD VALOREM FOR THE
PERIOD 01/01/2003 - 12/31/2003.


3. ACCORDINGLY, YOU ARE TO LIQUIDATE AT 5.40 PERCENT OF THE
ENTERED VALUE ALL SHIPMENTS OF PURE AND ALLOY MAGNESIUM FROM
CANADA PRODUCED OR EXPORTED BY MAGNOLA ENTERED ON OR AFTER
01/01/2003 AND ON OR BEFORE 12/31/2003.

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 01/01/2003 AND ON OR BEFORE 12/31/2003 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