MESSAGE NO: 2154212
DATE: 06 03 2002
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 423 - 810
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PERIOD COVERED:
05 20 2002
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: NOTICE OF FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF STRUCTURAL STEEL BEAMS FROM LUXEMBOURG
(A-423-810)
1.
ON MAY 20, 2002, THE DEPARTMENT OF COMMERCE WILL PUBLISH IN
THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
STRUCTURAL STEEL BEAMS FROM LUXEMBOURG.
2.
THE SCOPE OF THIS INVESTIGATION COVERS DOUBLY-SYMMETRIC
SHAPES, WHETHER HOT-OR COLD-ROLLED, DRAWN, EXTRUDED, FORMED OR
FINISHED, HAVING AT LEAST ONE DIMENSION OF AT LEAST 80 MM (3.2
INCHES OR MORE), WHETHER OF CARBON OR ALLOY (OTHER THAN
STAINLESS) STEEL, AND WHETHER OR NOT DRILLED, PUNCHED, NOTCHED,
PAINTED, COATED, OR CLAD.
THESE STRUCTURAL STEEL BEAMS INCLUDE,
BUT ARE NOT LIMITED TO, WIDE-FLANGE BEAMS ("W" SHAPES), BEARING
PILES ("HP" SHAPES), STANDARD BEAMS ("S" OR "I" SHAPES), AND
M-SHAPES.
ALL THE PRODUCTS THAT MEET THE PHYSICAL AND
METALLURGICAL DESCRIPTIONS PROVIDED ABOVE ARE WITHIN THE SCOPE OF
THIS INVESTIGATION UNLESS OTHERWISE EXCLUDED.
THE FOLLOWING PRODUCTS ARE OUTSIDE AND/OR SPECIFICALLY EXCLUDED
FROM THE SCOPE OF THIS INVESTIGATION:
(1) STRUCTURAL STEEL BEAMS GREATER THAN 400 POUNDS PER LINEAR
FOOT,
(2) STRUCTURAL STEEL BEAMS THAT HAVE A WEB OR SECTION HEIGHT
(ALSO KNOWN AS DEPTH) OVER 40 INCHES, AND
(3) STRUCTURAL STEEL BEAMS THAT HAVE ADDITIONAL WELDMENTS,
CONNECTORS, OR ATTACHMENTS TO I- SECTIONS, H-SECTIONS, OR
PILINGS;
HOWEVER, IF THE ONLY ADDITIONAL WELDMENT, CONNECTOR OR ATTACHMENT
ON THE BEAM IS A SHIPPING BRACE ATTACHED TO MAINTAIN STABILITY
DURING TRANSPORTATION, THE BEAM IS NOT REMOVED FROM THE SCOPE
DEFINITION BY REASON OF SUCH ADDITIONAL WELDMENT, CONNECTOR, OR
ATTACHMENT.
THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIED IN
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES ("HTSUS") AT
SUBHEADINGS
7216.32.0000, 7216.33.0030, 7216.33.0060, 7216.33.0090,
7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.91.0000,
7216.99.0000, 7228.70.3040, AND 7228.70.6000.
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
INVESTIGATION NUMBER A-423-810.
FOR CUSTOMS PURPOSES ONLY
THE FOLLOWING IDENTIFICATION NUMBER SHOULD BE USED: A-423-810.
4.
FOR IMPORTS OF STRUCTURAL STEEL BEAMS FROM LUXEMBOURG, THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
MAY 20, 2002.
EFFECTIVE MAY 20, 2002, CUSTOMS SHALL REQUIRE FOR
ENTRIES A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGIN SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
MARGIN/AD VALOREM
EXPORTER
PERCENTAGE
PROFILARBED, S.A.
A-423-810-001
15.23
ALL OTHERS
A-423-810-000
15.23
5.
IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985
TREASURY DECISION, T.D. 85-145, AT THE DISCRETION OF THE CUSTOMS
SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION AND
ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING DUTY
IS LESS THAN FIVE PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR
ESTIMATED ANTIDUMPING DUTIES, CUSTOMS OFFICERS MUST REQUIRE A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-145. AS HAS BEEN THE CASE SINCE ENACTMENT OF THIS TREASURY
DECISION, YOU ARE INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF
T.D. 85-145 WITH RESPECT TO THESE BONDING REQUIREMENTS.
6.
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 DAVID GOLDBERGER, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-4136.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL SCHWARTZ