MESSAGE NO: 0013202 DATE: 01 13 2000
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 791 - 805 - -
- - - -
- - - -

PERIOD COVERED: 11 04 1998 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN
STAINLESS STEEL PLATE IN COILS FROM SOUTH AFRICA
(A-791-805)

1. ON 05/21/1999, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER IN THE
INVESTIGATION OF CERTAIN STAINLESS STEEL PLATE IN COILS FROM
SOUTH AFRICA (64 FR 27756).

2. THE PRODUCT COVERED BY THIS ORDER IS CERTAIN STAINLESS STEEL
PLATE IN COILS. STAINLESS STEEL IS AN ALLOY STEEL
CONTAINING, BY WEIGHT, 1.2 PERCENT OR LESS OF CARBON AND
10.5 PERCENT OR MORE OF CHROMIUM, WITH OR WITHOUT OTHER
ELEMENTS. THE SUBJECT PLATE PRODUCTS ARE FLAT-ROLLED
PRODUCTS, 254 MM OR OVER IN WIDTH AND 4.75 MM OR MORE IN
THICKNESS, IN COILS, AND ANNEALED OR OTHERWISE HEAT TREATED
AND PICKLED OR OTHERWISE DESCALED. THE SUBJECT PLATE MAY
ALSO BE FURTHER PROCESSED (E.G., COLD-ROLLED, POLISHED, ETC.
) PROVIDED THAT IT MAINTAINS THE SPECIFIED DIMENSIONS OF
PLATE FOLLOWING SUCH PROCESSING. EXCLUDED FROM THE SCOPE OF
THIS ORDER ARE THE FOLLOWING: (1) PLATE NOT IN COILS, (2)
PLATE THAT IS NOT ANNEALED OR OTHERWISE HEAT TREATED AND
PICKLED OR OTHERWISE DESCALED, (3) SHEET AND STRIP, AND (4)
FLAT BARS. IN ADDITION, CERTAIN COLD-ROLLED STAINLESS STEEL
PLATE IN COILS IS ALSO EXCLUDED FROM THE SCOPE OF THIS
ORDER. THE EXCLUDED COLD-ROLLED STAINLESS STEEL PLATE IN
COILS IS DEFINED AS THAT MERCHANDISE WHICH MEETS THE
PHYSICAL CHARACTERISTICS DESCRIBED ABOVE THAT HAS UNDERGONE
A COLD-REDUCTION PROCESS THAT REDUCED THE THICKNESS OF THE
STEEL BY 25 PERCENT OR MORE, AND HAS BEEN ANNEALED AND
PICKLED AFTER THIS COLD REDUCTION PROCESS.

THE MERCHANDISE SUBJECT TO THIS ORDER IS CURRENTLY
CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTS) AT SUBHEADINGS:
7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50,
7219.12.00.55, 7219.12.00.65, 7219.12.00.70,
7219.12.00.80, 7219.31.00.10, 7219.90.00.10,
7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15,
7220.20.60.60, 7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, AND 7220.90.00.80.
ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE
AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE
OF THE ORDER IS DISPOSITIVE.

PLEASE NOTE THAT THE SCOPE OF THIS ORDER DIFFERS FROM
THE SCOPE OF THE ORIGINAL ANTIDUMPING/COUNTERVAILING
DUTY INVESTIGATIONS. ON 05/04/1999, THE INTERNATIONAL
TRADE COMMISSION (ITC) NOTIFIED THE DEPARTMENT OF
COMMERCE OF ITS FINAL DETERMINATION IN THIS CASE. THE
ITC FOUND TWO LIKE PRODUCTS, CERTAIN COLD-ROLLED
STAINLESS STEEL PLATE IN COILS, AS DEFINED ABOVE, AND
ALL OTHER STAINLESS STEEL PLATE IN COILS. THE ITC FOUND
THAT IMPORTS OF CERTAIN COLD-ROLLED STAINLESS STEEL
PLATE IN COILS FROM SOUTH AFRICA WERE NEGLIGIBLE AND,
THUS, WERE NOT CAUSING OR THREATENING MATERIAL INJURY TO
A U.S. INDUSTRY. ACCORDINGLY, THE SCOPE OF THIS ORDER
EXCLUDES CERTAIN COLD-ROLLED STAINLESS STEEL PLATE IN
COILS (AS DEFINED IMMEDIATELY ABOVE) FROM SOUTH AFRICA
TO REFLECT THE ITC'S FINDING OF NEGLIGIBLE IMPORTS.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-791-805.

4. FOR IMPORTS OF CERTAIN STAINLESS STEEL PLATE IN COILS FROM
SOUTH AFRICA, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/04/1998.
EFFECTIVE 05/21/1999 CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

COLUMBUS STAINLESS A-791-805-001 37.77
ALL OTHERS A-791-805-000 37.77

5. ARTICLE VI.5 OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE
PROVIDES THAT "NO PRODUCT ... SHALL BE SUBJECT TO BOTH
ANTIDUMPING AND COUNTERVAILING DUTIES TO COMPENSATE FOR THE
SAME SITUATION OF DUMPING OR EXPORT SUBSIDIZATION." THIS
PROVISION IS IMPLEMENTED IN SECTION 772(C)(1)(C) OF THE
TARIFF ACT. SINCE ANTIDUMPING DUTIES CANNOT BE ASSESSED ON
THE PORTION OF THE MARGIN ATTRIBUTED TO EXPORT SUBSIDIES
THERE IS NO REASON TO REQUIRE A CASH DEPOSIT OR BOND FOR
THAT AMOUNT. THE DEPARTMENT HAS DETERMINED IN ITS FINAL
AFFIRMATIVE COUNTERVAILING DUTY DETERMINATION ON STAINLESS
STEEL PLATE IN COILS FROM SOUTH AFRICA (CASE NUMBER C-791-
806) THAT THE PRODUCT UNDER INVESTIGATION BENEFITTED FROM
EXPORT SUBSIDIES OFFERED BY THE GOVERNMENT OF SOUTH AFRICA.
WHERE THE PRODUCT UNDER INVESTIGATION IS ALSO SUBJECT TO A
CONCURRENT COUNTERVAILING DUTY DETERMINATION, WE INSTRUCT
THE CUSTOMS SERVICE TO REQUIRE A CASH DEPOSIT OR POSTING OF
A BOND EQUAL TO THE WEIGHTED-AVERAGE MARGIN MINUS THE AMOUNT
DETERMINED TO CONSTITUTE ANY EXPORT SUBSIDY. ACCORDINGLY,
FOR CASH DEPOSIT PURPOSES WE HAVE SUBTRACTED FROM COLUMBUS'S
WEIGHTED-AVERAGE MARGIN THAT PORTION OF THE RATE
ATTRIBUTABLE TO THE EXPORT SUBSIDIES FOUND IN THE
COUNTERVAILING DUTY INVESTIGATION (I.E. 3.84 PERCENT). WE
MADE THE SAME ADJUSTMENT TO THE "ALL OTHERS" CASH DEPOSIT
RATE BY SUBTRACTING THE 3.84 PERCENT RATE ATTRIBUTABLE TO
EXPORT SUBSIDIES. NO FURTHER ADJUSTMENT TO THE CASH DEPOSIT
RATE IS NECESSARY TO ACCOUNT FOR THE EXPORT SUBSIDY.

6. WITH RESPECT TO CERTAIN COLD-ROLLED STAINLESS STEEL PLATE IN
COILS, AS DEFINED ABOVE, FIELD OFFICERS SHOULD DISCONTINUE
SUSPENSION OF LIQUIDATION OF ALL SHIPMENTS OF THIS
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 11/04/1998. ALL ESTIMATED
ANTIDUMPING DUTIES DEPOSITED ON ENTRIES OF THIS MERCHANDISE
SHALL BE REFUNDED AND BONDS OR OTHER SECURITY RELEASED AT
THE TIME OF LIQUIDATION.

7. THE INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930 DO NOT APPLY.

8. 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 OTHER INTERESTED PARTIES SHOULD CONTACT ROBERT M. JAMES,
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-5222.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

PAUL SCHWARTZ