49. (a) On or about July 30, 2003, 16 metric tons of pure fine ground magnesium powder were imported into the United States from China by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS and shipped to ESM with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the pure magnesium on or about July 30, 2003, was $1,260.00, whereas, the correct duty owed was approximately $177,647.30.
50. (a) On or about November 17, 2004, 18.88 metric tons of pure fine ground magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the pure magnesium on or about November 17, 2004, was $1,765.30, whereas the correct duty owed was $373,638.18.
51. (a) On or about November 29, 2004, 18.88 metric tons of pure fine ground magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the 18.88 metric tons of pure magnesium on or about November 29, 2004, was $1,765.30, whereas the correct duty owed was $373,638.18.
52. (a) On or about November 29, 2004, 14 metric tons of pure magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the 14 metric tons of pure magnesium on or about November 29, 2004, was $1,309.00, whereas the correct duty owed was $162,729.00.
53. (a) On or about December 3, 2004, 14.8 metric tons of pure magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the pure magnesium on or about December 3, 2004, was $1,332.00, whereas, the correct duty owed was $93,124.38.
54. On or about December 14, 2004, an invoice for atomized magnesium in the amount of $82,797.45 was faxed from defendant SUPERIOR METAL located in Franklin, Pennsylvania, to ESM, located in Amherst, New York.
55. On or about December 14, 2004, an invoice was faxed from defendant INTERNATIONAL TECHNOLOGY, located in Orchard Park, New York to defendant SUPERIOR METAL located in Franklin, Pennsylvania, for ground and atomized magnesium powder in the amount of $146,958.45.
56. (a) On or about December 16, 2004, 14.95 metric tons of pure magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the pure magnesium on or about December 16, 2004, was $1,352.00, whereas the correct duty owed was $348,205.96.
57. On or about December 21, 2004, an invoice was faxed from defendant INTERNATIONAL TECHNOLOGY located in Orchard Park, New York to defendant SUPERIOR METAL, located in Franklin, Pennsylvania, for ground and atomized magnesium powder in the amount of $152,161.31.
58. On or about December 27, 2004, an invoice was faxed from defendant INTERNATIONAL TECHNOLOGY, located in Orchard Park, New York to defendant SUPERIOR METAL located in Franklin, Pennsylvania, for ground and atomized magnesium powder in the amount of $131,908.29.
59. (a) On or about December 29, 2004, 29.6 metric tons of pure magnesium powder was imported by defendant WILLIAM NEHILL at the request of defendants GREGORY MAGNESS and JUSTIN MAGNESS into the United States from China mixed with large aluminum nuggets and falsely invoiced as magnesium reagent.
(b) The duty paid for the importation of the pure magnesium on or about December 29, 2004, was $2,664.00, whereas the correct duty owed was $186,248.76.
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