AD/CVD message 0177401 - Countervailing duty scope determination on Certain Collated Steel Staples from the People's Republic of China (C-570-113)

0177401
Jun 25, 2020
Active

Period Covered: 08/14/2019 to 03/11/2020

Notice of Lifting of Suspension Date: Jun 02, 2020

Cite as: 85 FR 33626 • Cite date: Jun 02, 2020

Category: Countervailing • Type: Liquidation Instructions • Sub type: OUTSCO-Out of Scope • Reference messages: 9316303 0071401 • Cases: C-570-113

1. On 06/02/2020 (85 FR 33626), Commerce issued the final affirmative determination and final affirmative critical circumstances determination in the countervailing duty investigation on certain collated steel staples from the People's Republic of China (China). In that determination, Commerce revised the scope of the investigation to exclude certain products. The fully revised scope of this investigation can be found in paragraph 3.

2. Specifically, Commerce revised the scope of the investigation to exclude: collated fasteners commonly referred to as "C-ring hog rings" and "D-ring hog rings" produced from stainless or carbon steel wire having a nominal diameter of 0.050 to 0.081 inches, inclusive. C-ring hog rings are fasteners whose legs are not perpendicular to the crown, but are curved inward resulting in the fastener forming the shape of the letter "C." D-ring hog rings are fasteners whose legs are straight but not perpendicular to the crown, instead intersecting with the crown at an angle ranging from 30 degrees to 75 degrees. The hog rings subject to the exclusion are collated using glue, adhesive, or tape. The hog rings subject to this exclusion have either a 90 degree blunt point or 15-75 degree divergent point.

3. The merchandise covered by the scope of this investigation is certain collated steel staples. Certain collated steel staples subject to this investigation are made from steel wire having a nominal diameter from 0.0355 inch to 0.0830 inch, inclusive, and have a nominal leg length from 0.25 inch to 3.0 inches, inclusive, and a nominal crown width from 0.187 inch to 1.125 inch, inclusive. Certain collated steel staples may be manufactured from any type of steel, and are included in the scope of this investigation regardless of whether they are uncoated or coated, and regardless of the type or number of coatings, including but not limited to coatings to inhibit corrosion.

Certain collated steel staples may be collated using any material or combination of materials, including but not limited to adhesive, glue, and adhesive film or adhesive or paper tape.

Certain collated steel staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM F1667-18a, but can also be made to other specifications.

Excluded from the scope of this investigation are any carton-closing staples covered by the scope of the existing antidumping duty order on Carton-Closing Staples from the People's Republic of China. See Carton-Closing Staples from the People's Republic of China: Antidumping Duty Order, 83 FR 20792 (May 8, 2018).

Also excluded are collated fasteners commonly referred to as "C-ring hog rings" and "D-ring hog rings" produced from stainless or carbon steel wire having a nominal diameter of 0.050 to 0.081 inches, inclusive. C-ring hog rings are fasteners whose legs are not perpendicular to the crown, but are curved inward resulting in the fastener forming the shape of the letter "C." D-ring hog rings are fasteners whose legs are straight but not perpendicular to the crown, instead intersecting with the crown at an angle ranging from 30 degrees to 75 degrees. The hog rings subject to the exclusion are collated using glue, adhesive, or tape. The hog rings subject to this exclusion have either a 90 degree blunt point or 15-75 degree divergent point.

Certain collated steel staples subject to this investigation are currently classifiable under subheading 8305.20.0000 of the Harmonized Tariff Schedule of the United States (HTSUS). While the HTSUS subheading and ASTM specification are provided for convenience and for customs purposes, the written description of the subject merchandise is dispositive.

4. On 11/04/2019 (84 FR 595355), and 11/12/2019 (84 FR 61021), Commerce issued its preliminary affirmative critical circumstances determination and preliminary affirmative countervailing determination, respectively. Accordingly, provisional measures went into effect on 11/12/2019 via message 9316303, dated 11/29/2019, and applied to entries of merchandise on or after 08/14/2019. Provisional measures were terminated on 3/11/2020 via message 0071401, dated 03/11/2020. As a result of Commerce's revised scope, for suspended entries of the excluded products described in paragraph 2, during the period 08/14/2019 through and including 03/10/2020, CBP should discontinue the suspension of liquidation and liquidate the entries without regard to antidumping duties (i.e., refund all cash deposits).

5. Notice of lifting of suspension of liquidation of entries of merchandise covered by paragraph 4, occurred with the publication of the affirmative final determination in the countervailing duty investigation of certain collated steel staples from China (85 FR 33626, 06/02/2020).

6. The interest provisions of section 778 of the Tariff Act of 1930, as amended, do not apply.

7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OVIII: RJP.)

8. There are no restrictions on the release of this information.

Alexander Amdur