MESSAGE NO: 0130212
DATE: 05 09 2000
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 588 - 847
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PERIOD COVERED:
02 10 2000
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: ANTIDUMPING DUTY 0RDER ON CERTAIN CUT TO LENGTH CARBON
QUALITY STEEL PLATE PRODUCTS FROM JAPAN (A-588-847)
1.
ON 02/10/2000, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER ON CERTAIN CUT-TO-
LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM JAPAN.
2.
SCOPE LANGUAGE
THE PRODUCTS COVERED BY THIS ORDER ARE CERTAIN HOT-ROLLED CARBON-
QUALITY STEEL:
(1) UNIVERSAL MILL PLATES (I.E., FLAT-ROLLED
PRODUCTS ROLLED ON FOUR FACES OR IN A CLOSED BOX PASS, OF A WIDTH
EXCEEDING 150 MM BUT NOT EXCEEDING 1250 MM, AND OF A NOMINAL OR
ACTUAL THICKNESS OF NOT LESS THAN 4 MM, WHICH ARE CUT-TO-LENGTH
(NOT IN COILS) AND WITHOUT PATTERNS IN RELIEF), OF IRON OR NON-
ALLOY-QUALITY STEEL; AND (2) FLAT-ROLLED PRODUCTS, HOT-ROLLED, OF
A NOMINAL OR ACTUAL THICKNESS OF 4.75 MM OR MORE AND OF A WIDTH
WHICH EXCEEDS 150 MM AND MEASURES AT LEAST TWICE THE THICKNESS,
AND WHICH ARE CUT-TO-LENGTH (NOT IN COILS).
STEEL PRODUCTS TO BE INCLUDED IN THIS SCOPE ARE OF RECTANGULAR,
SQUARE, CIRCULAR OR OTHER SHAPE AND OF RECTANGULAR OR NON-
RECTANGULAR CROSS-SECTION WHERE SUCH NON-RECTANGULAR CROSS-
SECTION IS ACHIEVED SUBSEQUENT TO THE ROLLING PROCESS (I.E.,
PRODUCTS WHICH HAVE BEEN "WORKED AFTER ROLLING") -- FOR EXAMPLE,
PRODUCTS WHICH HAVE BEEN BEVELED OR ROUNDED AT THE EDGES.
STEEL
PRODUCTS THAT MEET THE NOTED PHYSICAL CHARACTERISTICS THAT ARE
PAINTED, VARNISHED OR COATED WITH PLASTIC OR OTHER NON-METALLIC
SUBSTANCES ARE INCLUDED WITHIN THIS SCOPE.
ALSO, SPECIFICALLY
INCLUDED IN THIS SCOPE ARE HIGH STRENGTH, LOW ALLOY (HSLA)
STEELS.
HSLA STEELS ARE RECOGNIZED AS STEELS WITH MICRO-
ALLOYING LEVELS OF ELEMENTS SUCH AS CHROMIUM, COPPER, NIOBIUM,
TITANIUM, VANADIUM, AND MOLYBDENUM.
STEEL PRODUCTS TO BE INCLUDED IN THIS SCOPE, REGARDLESS OF
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
DEFINITIONS, ARE PRODUCTS IN WHICH: (1) IRON PREDOMINATES, BY
WEIGHT, OVER EACH OF THE OTHER CONTAINED ELEMENTS, (2) THE CARBON
CONTENT IS TWO PERCENT OR LESS, BY WEIGHT, AND (3) NONE OF THE
ELEMENTS LISTED BELOW IS EQUAL TO OR EXCEEDS THE QUANTITY, BY
WEIGHT, RESPECTIVELY INDICATED:
1.80 PERCENT OF MANGANESE, OR
1.50 PERCENT OF SILICON, OR
1.00 PERCENT OF COPPER, OR
0.50 PERCENT OF ALUMINUM, OR
1.25 PERCENT OF CHROMIUM, OR
0.30 PERCENT OF COBALT, OR
0.40 PERCENT OF LEAD, OR
1.25 PERCENT OF NICKEL, OR
0.30 PERCENT OF TUNGSTEN, OR
0.10 PERCENT OF MOLYBDENUM, OR
0.10 PERCENT OF NIOBIUM, OR
0.41 PERCENT OF TITANIUM, OR
0.15 PERCENT OF VANADIUM, OR
0.15 PERCENT ZIRCONIUM.
ALL PRODUCTS THAT MEET THE WRITTEN PHYSICAL DESCRIPTION, AND IN
WHICH THE CHEMISTRY QUANTITIES DO NOT
EQUAL OR EXCEED ANY ONE OF
THE LEVELS LISTED ABOVE, ARE WITHIN THE SCOPE OF THESE
INVESTIGATIONS UNLESS OTHERWISE SPECIFICALLY EXCLUDED.
THE
FOLLOWING PRODUCTS ARE SPECIFICALLY EXCLUDED FROM THESE
INVESTIGATIONS:
(1) PRODUCTS CLAD, PLATED, OR COATED WITH METAL,
WHETHER OR NOT PAINTED, VARNISHED OR COATED WITH PLASTIC OR OTHER
NON-METALLIC SUBSTANCES; (2)
SAE GRADES (FORMERLY AISI GRADES)
OF SERIES 2300 AND ABOVE; (3) PRODUCTS MADE TO ASTM A710 AND A736
OR THEIR PROPRIETARY EQUIVALENTS; (4)
ABRASION-RESISTANT STEELS
(I.E., USS AR 400, USS AR 500); (5) PRODUCTS MADE TO ASTM A202,
A225, A514 GRADE S, A517 GRADE S, OR THEIR PROPRIETARY
EQUIVALENTS; (6) BALL BEARING STEELS; (7) TOOL STEELS; AND (8)
SILICON MANGANESE STEEL OR SILICON ELECTRIC STEEL.
THE MERCHANDISE SUBJECT TO THESE INVESTIGATIONS IS CLASSIFIED IN
THE HTSUS UNDER SUBHEADINGS:
7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000, 7226.99.0000.
ALTHOUGH THE HTSUS
SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES,
THE WRITTEN DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS
DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
CASE NUMBER:
JAPAN, A-588-847
4.
ON 12/29/1999 (64 FR 73215), THE DEPARTMENT OF COMMERCE
DETERMINED THAT CRITICAL CIRCUMSTANCES EXIST WITH RESPECT TO
IMPORTS OF THIS MERCHANDISE FROM JAPAN PRODUCED BY KOBE STEEL,
LTD., NIPPON STEEL CORPORATION, NKK CORPORATION, AND SUMITOMO
METAL INDUSTRIES, LTD.
ON 02/10/2000, THE INTERNATIONAL TRADE
COMMISSION DETERMINED THAT CRITICAL CIRCUMSTANCES DO NOT EXIST
WITH RESPECT TO IMPORTS OF CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE PRODUCTS FROM JAPAN.
THEREFORE, THE CUSTOMS SERVICE
SHALL REFUND ALL DEPOSITS COLLECTED ON IMPORTS OF CERTAIN CUT-TO-
LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM JAPAN DURING THE
PERIOD OF 04/30/1999, THROUGH 07/28/1999.
SUSPENSION OF
LIQUIDATION SHOULD COMMENCE ON THE DATE OF PUBLICATION OF THE
PRELIMINARY DETERMINATION OF SALES AT LESS THAN FAIR VALUE (64 FR
41218, 07/29/1999).
FOR IMPORTS OF CERTAIN CUT-TO-LENGTH CARBON-
QUALITY STEEL PLATE PRODUCTS FROM JAPAN FROM THESE COMPANIES, THE
CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER 07/29/1999.
5.
ON 04/26/1999 (64 FR 20251), THE DEPARTMENT OF COMMERCE
PRELIMINARILY DETERMINED THAT CRITICAL CIRCUMSTANCES EXIST WITH
RESPECT TO IMPORTS OF THIS MERCHANDISE FROM JAPAN PRODUCED BY
KAWASAKI STEEL CORPORATION AND THE "ALL OTHERS" COMPANIES.
ON
12/29/1999 (64 FR 73215), THE DEPARTMENT OF COMMERCE DETERMINED
THAT CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO IMPORTS
OF THIS MERCHANDISE FROM JAPAN PRODUCED BY THESE COMPANIES.
THEREFORE, THE CUSTOMS SERVICE SHALL REFUND ALL DEPOSITS
COLLECTED ON IMPORTS OF CERTAIN CUT-TO-LENGTH CARBON-QUALITY
STEEL PLATE PRODUCTS FROM JAPAN DURING THE PERIOD OF 04/30/1999,
THROUGH 07/28/1999.
SUSPENSION OF LIQUIDATION SHOULD COMMENCE ON
THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION OF SALES
AT LESS THAN FAIR VALUE (64 FR 41218, 07/29/1999).
FOR IMPORTS
OF CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL PLATE PRODUCTS FROM
JAPAN FROM THESE COMPANIES, THE CUSTOMS SERVICE SHALL CONTINUE TO
SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/29/1999.
6.
FOR IMPORTS OF CERTAIN CUT-TO-LENGTH CARBON-QUALITY STEEL
PLATE PRODUCTS FROM JAPAN FROM THE FOLLOWING PRODUCERS, THE
CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER 07/29/1999.
EFFECTIVE 02/10/2000, CUSTOMS SHALL REQUIRE
FOR ENTRIES A CASH DEPOSIT EQUAL TO THE MARGIN RATES SHOWN BELOW:
MFG/EXPORTER
COMPANY NUMBER
RATE
KAWASAKI STEEL CORPORATION
A-588-847-001
10.78
KOBE STEEL, LTD
A-588-847-002
59.12
NIPPON STEEL CORPORATION
A-588-847-003
59.12
NKK CORPORATION
A-588-847-004
59.12
SUMITOMO METAL INDUSTRIES, LTD.
A-588-847-005
59.12
ALL OTHERS
A-588-847-000
10.78
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 MARK MANNING, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3936.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ