MESSAGE NO: 3069111
DATE: 03 10 1993
CATEGORY: ADA
TYPE: PRE
REFERENCE: 3042112
REFERENCE DATE: 02 11 1993
CASES:
A - 423 - 804
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PERIOD COVERED:
TO
LIQ SUSPENSION DATE:
11 06 1992
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: AMENDMENT OF PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE OF CERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTS FROM BELGIUM
1.
THE DEPARTMENT OF COMMERCE PUBLISHED ON FEBRUARY 4, 1993, THE
NOTICE OF ITS PRELIMINATION DETERMINATION
OF THE ANTIDUMPING
DUTY INVESTIGATION OF CERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTS FROM BELGIUM.
ON MARCH 9, 1993, THE DEPARTMENT OF
COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ITS AMENDED
PRELIMINARY DETERMINATION ON COLD-ROLLED STEEL FROM BELGIUM.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS IS CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS.
THESE PRODUCTS INCLUDE COLD-ROLLED (COLD-REDUCED) CARBON STEEL
FLAT PRODUCTS, OF RECTANGULAR SHAPE, NEITHER CLAD, PLATED NOR
COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED OR COATED
WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES, IN COILS, AND OF A
WIDTH OF 0.5 INCH OR GREATER, OR IN STRAIGHT LENGTHS WHICH, IF OF
A THICKNESS LESS THAN 4.75 MILLIMETERS, ARE OF A WIDTH OF 0.5
INCH OR GREATER AND WHICH MEASURES AT LEAST 10 TIMES THE
THICKNESS OR IF OF A THICKNESS OF 4.75 MILLIMETERS OR MORE ARE OF
A WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT LEAST TWICE
THE THICKNESS, AS CURRENTLY CLASSIFIABLE IN THE HTSUS UNDER ITEM
NUMBERS 7209.11.0000, 7209.12.0030, 7209.12.0090, 7209.13.0030,
7209.13.0090, 7209.14.0030, 7209.14.0090, 7209.21.0000,
7209.22.0000, 7209.23.0000, 7209.24.1000, 7209.24.5000,
7209.31.0000, 7209.32.0000, 7209.33.0000, 7209.34.0000,
7209.41.0000, 7209.42.0000, 7209.43.0000, 7209.44.0000,
7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.30.1030,
7211.30.1090, 7211.30.3000, 7211.30.5000, 7211.41.1000,
7211.41.3030, 7211.41.3090, 7211.41.5000, 7211.41.7030,
7211.41.7060, 7211.41.7090, 7211.49.1030, 7211.49.1090,
7211.49.3000, 7211.49.5030, 7211.49.5060, 7211.49.5090,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000,
7217.11.1000, 7217.11.2000, 7217.11.3000, 7217.19.1000,
7217.19.5000, 7217.21.1000, 7217.29.1000, 7217.29.5000,
7217.31.1000, 7217.39.1000 AND 7217.39.5000.
EXCLUDED FROM THESE INVESTIGATIONS IS CERTAIN SHADOW MASK STEEL,
I.E., ALUMINUM-KILLED, COLD-ROLLED STEEL COIL THAT IS OPEN-COIL
ANNEALED, HAS A CARBON CONTENT OF LESS THAN 0.002 PERCENT, IS OF
0.003 TO 0.012 INCH IN THICKNESS, 15 TO 30 INCHES IN WIDTH, AND
HAS AN ULTRA FLAT, ISOTROPIC SURFACE.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING INVESTIGATIONS NUMBER: (A-423-804)
4.
THE DEPARTMENT HAS REVISED THE MARGIN FOR SIDMAR N.V. AND THE
"ALL OTHERS" RATE FOR COLD-ROLLED CARBON STEEL FLAT PRODUCTS AS
INDICATED BELOW. THEREFORE WE ARE DIRECTING THE CUSTOMS SERVICE
TO CONTINUE TO SUSPEND LIQUIDATION OF SUCH PRODUCTS THAT ARE
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
NOVEMBER 6, 1992,AND SHALL REQUIRE A CASH DEPOSIT OR THE POSTING
OF A BOND EQUAL TO THE ESTIMATED PRELIMINARY MARGIN PERCENTAGES
LISTED BELOW.
MFR/PROD
CUSTOMS ID
PRELIM MARGIN
EXPORTER
NO
PERCENTAGE
BELGIUM
SIDMAR
A-423-804-004
27.10%
ALL OTHERS
A-423-804-000
27.10%
5.
IN GENERAL, THE DEPOSIT RATE REQUIRED ON EACH ENTRY WILL BE
THAT ASSIGNED TO THE MANUFACTURER OF THE FLAT-ROLLED STEEL
PRODUCT.
FOR THE ENTRY TO BE ACCEPTED, THE NAME OF THE
MANUFACTURER MUST BE CLEARLY IDENTIFIED.
IN THE EVENT THAT THE EXPORTER IS A RESELLER, TRADING COMPANY,
OR STEEL SERVICE CENTER, THE FOLLOWING INSTRUCTIONS SHOULD BE
FOLLOWED:
(1)
IF THE RESELLER, ETC., SIMPLY RE-SELLS THE FLAT-ROLLED
STEEL PRODUCT, A DEPOSIT OR BOND EQUAL TO THE RATE ASSIGNED TO
THE MANUFACTURER WILL BE REQUIRED.
(2) IF THE RESELLER, ETC., DOES SOME FURTHER PROCESSING BUT DOES
NOT TRANSFORM THE FLAT-ROLLED STEEL PRODUCT INTO A CLASS OR KIND
OF MERCHANDISE DIFFERENT THAN THAT PURCHASED FROM THE
MANUFACTURER, A DEPOSIT OR BOND EQUAL TO THE RATE ASSIGNED TO THE
MANUFACTURER WILL BE REQUIRED.
(E.G., IF A RESELLER PURCHASES A
FOUR-FOOT WIDE COIL OF HOT-ROLLED STEEL AND SLITS IT INTO FOUR
ONE-FOOT WIDE COILS OF HOT-ROLLED STEEL.)
(3)
IF THE RESELLER, ETC., DOES FURTHER PROCESSING AND CHANGES
THE PRODUCT INTO A DIFFERENT CLASS OR KIND OF MERCHANDISE, A
DEPOSIT OR BOND EQUAL TO THE "ALL OTHER" RATE FOR THE NEW CLASS
OR KIND OF MERCHANDISE WILL BE REQUIRED.
(E.G., IF A RESELLER
GALVANIZED HOT-ROLLED COIL, THE "ALL OTHERS" RATE FOR
CORROSION-RESISTANT STEEL WOULD APPLY.
6.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY E-MAIL TO ATTRIBUTE "HQ OAB".
OTHER INTERESTED
PARTIES SHOULD CONTACT DAVID GOLDBERGER, OFFICE OF ANTIDUMPING
INVESTIGATIONS, 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.
NANCY MCTIERNAN