MESSAGE NO: 2154221
DATE: 06 03 2002
CATEGORY: ADA
TYPE: FNO
REFERENCE:
REFERENCE DATE:
CASES:
A - 462 - 114
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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: FINAL DETERMINATION IN THE DUMPING INVESTIGATION OF
STRUCTURAL STEEL BEAMS FROM RUSSIS (A-462-114)
1.
ON MAY 20, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN
FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF STRUCTURAL
STEEL BEAMS FROM THE RUSSIAN FEDERATION.
2.
FOR PURPOSES OF THIS INVESTIGATION, THE TERM "STRUCTURAL
STEEL BEAMS" INCLUDES 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 AN ADDITIONAL WELDMENT, 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 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
THE FOLLOWING
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, 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 IMPORTS OF STRUCTURAL STEEL BEAMS FROM THE RUSSIAN
FEDERATION, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 20, 2002. EFFECTIVE
MAY 20, 2002, CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE PERCENTAGES SHOWN
BELOW:
MFR/PRODUCER
CUSTOMS ID
PERCENTAGE
EXPORTER
NUMBER
NIZHNY TAGIL IRON AND
A-462-114-001
230.66
STEEL WORKS
RUSSIA-WIDE RATE
A-462-114-000
230.66
4. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-821-814. FOR CUSTOMS PURPOSES ONLY, THIS
CASE HAS BEEN ASSIGNED THE FOLLOWING CASE NUMBER, A-462-114.
5. IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985
TREASURY DECISION AND MEMORANDUM OF AGREEMENT (MOA) BETWEEN
COMMERCE AND CUSTOMS, 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 OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD
VALOREM (OR THE EQUIVALENT). OTHERWISE, AS IN THE CASE OF
STRUCTURAL STEEL BEAMS FROM THE RUSSIAN FEDERATION, WHERE THE
IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTIES, THE CUSTOMS OFFICERS MUST REQUIRE A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND PURSUANT TO T.D.
85-
145. AS HAS BEEN THE CASE SINCE THE MOA AND 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 HERMES PINILLA, OFFICE
OF AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202)
482-3477.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL
SCHWARTZ