MESSAGE NO: 2154222
DATE: 06 03 2002
CATEGORY: ADA
TYPE: FNO
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 869
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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 CHINA (A-570-869)
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 PEOPLE'S REPUBLIC OF CHINA.
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 CERTAIN STRUCTURAL STEEL BEAMS FROM THE
PEOPLE'
S REPUBLIC OF CHINA, MANUFACTURED BY MAANSHAN IRON & STEEL CO.,
LTD AND EXPORTED BY MAANSHAN IRON & STEEL CO., LTD OR MA STEEL
INTERNATIONAL, NO SUSPENSION OF LIQUIDATION IS REQUIRED.
FURTHERMORE, CUSTOMS IS INSTRUCTED TO LIFT SUSPENSION OF
LIQUIDATION OF ALL ENTRIES OF CERTAIN STEEL BEAMS FROM THE
PEOPLE'
S REPUBLIC OF CHINA MANUFACTURED BY MAANSHAN IRON & STEEL CO.,
LTD AND EXPORTED BY MAANSHAN IRON & STEEL CO., LTD OR MA STEEL
INTERNATIONAL THAT HAVE ENTERED SINCE DECEMBER 28, 2001.
4. FOR IMPORTS OF CERTAIN STRUCTURAL STEEL BEAMS FROM THE PEOPLE'
S REPUBLIC OF CHINA NOT MANUFACTURED BY MAANSHAN IRON & STEEL
CO., LTD AND EXPORTED BY MAANSHAN IRON & STEEL CO., LTD OR MA
STEEL INTERNATIONAL, 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
PRC-WIDE RATE
A-570-869-000
89.17
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 PEOPLE'S REPUBLIC OF CHINA, 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 LYN JOHNSON, OFFICE OF
AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-5287.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
PAUL
SCHWARTZ