Norsk Hydro Canada, Inc. v. United States, No. 03-00828 (Ct. Int'l Trade 2005)

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Slip Op. 05-102 UNITED STATES COURT OF INTERNATIONAL TRADE ---------------------------x : NORSK HYDRO CANADA, INC. : : Plaintiff, : Before: Pogue, Judge : Court No. 03-00828 v. : : UNITED STATES, : : Defendant, : : and : : U.S. Magnesium, LLC, : : Defendant-Intervenor. : ---------------------------x JUDGMENT In Norsk Hydro Canada, Inc. v. United States, 29 CIT ___, Slip Op. 05-58 (May 17, 2005), this court remanded Commerce s determination in Pure Magnesium and Alloy Magnesium from Canada, 68 Fed. Reg. 53,962 (Dep t Commerce Sept. 15, 2003) (final results of countervailing duty administrative review) to review and determine the amount of any net countervailable subsidy, and specifically [to] ensure that the amount of the countervailing duty imposed is equal to the amount of the countervailable subsidy. Norsk Hydro Canada, Inc., 29 CIT at ___, Slip Op. 05-58 at 2 (quoting 19 U.S.C. § 1675(a) and Norsk Hydro Canada, Inc. v. United States, 28 CIT ___, 350 F. Supp. 2d 1172, 1864 (2005)). On July 18, 2005, Commerce issued a remand determination complying with the court s instructions. After reviewing Commerce s remand determination, the parties comments and the rebuttals thereto, and all other papers on file herein, and good cause appearing therefore, it is hereby ORDERED that the Department of Commerce s remand determination is sustained. Dated: August 23, 2005 New York, New York /s/ Donald C. Pogue, Judge

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