MESSAGE NO: 3069112
DATE: 03 10 1993
CATEGORY: ADA
TYPE: PRE
REFERENCE: 3042115
REFERENCE DATE: 02 11 1993
CASES:
A - 423 - 803
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PERIOD COVERED:
TO
LIQ SUSPENSION DATE:
02 04 1993
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 HOT-ROLLED CARBON STEEL FLAT
PRODUCTS FROM BELGIUM
1.
THE DEPARTMENT OF COMMERCE PUBLISHED
ON FEBRUARY 4, 1993,
THE NOTICE OF ITS PRELIMINARY DETERMINATIONS OF THE ANTIDUMPING
DUTY INVESTIGATIONS OF CERTAIN HOT-ROLLED CARBON STEEL FLAT
PRODUCTS FROM BELGIUM.
ON MARCH 9, 1993, THE DEPARTMENT OF
COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ITS AMENDEED
PRELIMINARY DETERMINATIONS ON HOT-ROLLED STEEL FROM BELGIUM.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS IS CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS.
THESE PRODUCTS INCLUDE HOT-ROLLED CARBON STEEL FLAT PRODUCTS, OF
RECTANGULAR SHAPE, OF A WIDTH OF 0.5 INCH OR GREATER, NEITHER
CLAD, PLATED NOR COATED WITH METAL, WHETHER OR NOT PAINTED,
VARNISHED OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES, IN COILS, OR IN STRAIGHT LENGTHS WHICH ARE LESS THAN
4.75 MILLIMETERS IN THICKNESS AND MEASURING AT LEAST 10 TIMES THE
THICKNESS, AS CURRENTLY CLASSIFIABLE IN THE HTSUS UNDER ITEM
NUMBERS 7208.11.0000,
7208.12.0000, 7208.13.1000, 7208.13.5000,
7208.14.1000, 7208.14.5000, 7208.21.1000, 7208.21.5000,
7208.22.1000, 7208.22.5000, 7208.23.1000, 7208.23.5030,
7208.23.5090, 7208.24.1000, 7208.24.5030, 7208.24.5090,
7208.34.1000, 7208.34.5000, 7208.35.1000, 7208.35.5000,
7208.44.0000, 7208.45.0000, 7208.90.0000, 7210.70.3000,
7210.90.9000, 7211.12.0000, 7211.19.1000, 7211.19.5000,
7211.22.0090, 7211.29.1000, 7211.29.3000, 7211.29.5000,
7211.29.7030, 7211.29.7060, 7211.29.7090, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.30.0000,
7214.40.0010, 7214.50.0010, 7214.60.0010, AND 7215.90.5000.
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-423-803
4.
THE DEPARTMENT HAS REVERSED ITS DECISION THAT CRITICAL
CIRCUMSTANCES EXIST WITH RESPECT TO EXPORTS OF HOT-ROLLED STEEL
FROM BELGIUM, WE ARE DIRECTING THE CUSTOMS SERVICE TO NO LONGER
SUSPEND LIQUIDATION OF SUCH PRODUCTS THAT ARE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION PRIOR TO
FEBRUARY 4, 1993.
FOR ALL EXPORTS OF CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS
FROM
THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION OF SUCH
PRODUCTS THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR AFTER
FEBRUARY 4, 1993, 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
COCKERILL SAMBRE
A-423-803-001
4.87%
SIDMAR
A-423-803-004
4.87%
ALL OTHERS
A-423-803-000
4.87%
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, OR STEVE ALLEY, OFFICE
OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE
AT (202) 482-4136 OR (202) 482-5288 RESPECTIVELY FOR EUROPEAN
INVESTIGATIONS.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN