MESSAGE NO: 2162209 DATE: 06 11 2002
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 831 - -
- - - -
- - - -

PERIOD COVERED: 05 20 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: NOTICE OF A FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF STRUCTURAL STEEL BEAMS FROM GERMANY
(A-428-831)

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 GERMANY.

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 GERMANY, THE
CUSTOMS SERVICE SHALL 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ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER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

STAHLWERK THURINGEN A-428-831-001 8.09
GMBH

SALZGITTER AG A-428-831-002 35.75

ALL OTHERS A-428-831-000 8.09

4. 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 GERMANY, 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.

5. 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
BOTTOMUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT THOMAS SCHAUER, OFFICE OF AD/CVD
ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0410.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA