Norsk Hydro Canada Inc.,

Plaintiff,

v.

UNITED STATES,

Defendant

and

US Magnesium LLC,

Defendant-Intervenor.

Slip op. 04-62

UNITED STATES COURT OF INTERNATIONAL TRADE

BEFORE: POGUE, JUDGE

Court No. 03-00828

ORDER

WHEREAS, in this matter, on January 27, 2004, this Court

issued a preliminary injunction against liquidation of entries of

pure magnesium and alloy magnesium from Canada “during the

pendency of this litigation,” and 

WHEREAS Plaintiff has by Motion requested that this Court

clarify its preliminary injunction to specify that said

injunction remains in effect “during any appeals and/or remands,”

and

WHEREAS 19 U.S.C. § 1516a(c)(2) provides that this Court may

enjoin said liquidation “upon a request by an interested party

for such relief and a proper showing that the requested relief

should be granted under the circumstances...”, and

WHEREAS the parties agree that injunctive relief should be

granted under the circumstances, and

WHEREAS Defendant’s sole objection to the requested relief

is to the duration of said relief, as continuing through any

appeals and/or remands, and 

WHEREAS 19 U.S.C. § 1516a(e)(2) provides that “entries, the

liquidation of which was enjoined under subsection (c)(2) of this
Court No. 03-00828 Page 2

section, shall be liquidated in accordance with the final Court

decision in the action” if the action is sustained, and

WHEREAS, Plaintiff has requested that this Court take note

of subsequent authority issued after the January 27, 2004

preliminary injunction in this matter, specifically Yancheng

Baolong Biochemical Prods. Co. v. U.S., slip op. 04-42 (CIT April

28, 2004), and SKF USA Inc. v. U.S., slip op. 04-14 (CIT Feb. 18,

2004), and

WHEREAS the relief requested by the Plaintiff will serve the

interest of judicial economy and efficiency by maintaining the

status quo pending the conclusion of this litigation without

requiring further action by the Court, and

WHEREAS Defendant has neither alleged nor shown any

prejudice resulting from the requested relief, NOW THEREFORE, 

Upon consideration of the Notice of Subsequent Authority and

Motion to Clarify the Preliminary Injunction filed by Norsk Hydro

Canada Inc. (“NHCI”), it is hereby:

ORDERED that NHCI”s motion to clarify the preliminary

injunction is GRANTED; and it is further 

ORDERED that Defendant, the United States, together with the

delegates, officers, agents, servants, and employees of the

United States Department of Commerce and the United States Bureau

of Customs and Border Protection, shall be, and hereby are,

ENJOINED, during the pendency of this litigation (including any

appeals and/or remands) and until entry of final judgment by this

Court in this litigation, from liquidating or causing or

permitting liquidation of any unliquidated entries of pure

magnesium and alloy magnesium from Canada that:

(1) were exported by NHCI;

(2) are covered by Pure Magnesium and Alloy Magnesium from

Canada: Final Results of Countervailing Duty

Administrative Review, 68 Fed. Reg. 53,962 (Dep’t

Commerce September 15, 2003) (“Final Results”);

(3) were entered, or withdrawn from warehouse, for

consumption, during the period January 1, 2001 through

December 31, 2001; and

(4) remain unliquidated as of 5 o’clock p.m. on the fifth

business day after the day upon which copies of the
Court No. 03-00828 Page 3

Order are personally served by Plaintiff upon the

following individuals and received by them or by their

delegates:

Ann Sebastian

Import Administration, International

Trade Administration

U.S. Department of Commerce

14th Street and Pennsylvania Ave., NW

Washington, DC 20230;

Hon. Robert C. Bonner, Commissioner of

Customs

Attn: Alfonso Robles, Esq. Chief Counsel

U.S. Bureau of Customs and Border

Protection

1301 Constitution Ave., NW, Rm. 3305

Washington, DC 20004; and

Stephen C. Tosini, Esq.

Commercial Litigation Branch, Civil

Division

United States Department of Justice

1100 L Street, NW, Suite 11064

Washington, DC 20530

and it is further

ORDERED that the entries subject to this injunction shall be

liquidated in accordance with the final court decision in this

action, as provided in 19 U.S.C. § 1516a(e).

 /s/ Donald C. Pogue, Judge 

 Donald C. Pogue, Judge

Dated: June 8, 2004

New York, New York