MESSAGE NO: 2168201
DATE: 06 17 2002
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 470 - 811
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PERIOD COVERED:
06 12 2002
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: AMENDED FINAL DETERMINATION IN THE DUMPING INVESTIGATION
OF STEEL BEAMS FROM SPAIN (A-470-811)
1.
ON 06/12/2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION OF SALES AT
LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION
OF STRUCTURAL STEEL BEAMS FROM SPAIN (67 FR 40272).
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-469-811.
FOR CUSTOMS PURPOSES ONLY
THE FOLLOWING IDENTIFICATION NUMBER SHOULD BE USED: A-470-
811.
4.
FOR IMPORTS OF STRUCTURAL STEEL BEAMS FROM SPAIN, THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR
AFTER 05/20/2002.
EFFECTIVE 06/12/2002, CUSTOMS SHALL
REQUIRE FOR ENTRIES A CASH DEPOSIT OR THE POSTING OF A BOND
EQUAL TO THE MARGINS SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
PERCENTAGE
EXPORTER
NUMBER
RATE
ACERALIA CORPORACION
SIDERURGICA, S.A.
A-470-811-001
5.29%
ALL OTHERS
A-470-811-000
5.29%
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 MICHAEL STROLLO, OFFICE 2
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202)
482-0629.
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA