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

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351.212(c) OF THE COMMERCE DEPARTMENT REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES ON MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY.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TO SUSPEND LIQUIDATION OF ALL ENTRIES OF BOTH TYPES OF MERCHANDISE EXPORTED OR PRODUCED BY NHCI AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION DURING THIS PERIOD. 4.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