MESSAGE NO: 3109112
DATE: 04 19 1993
CATEGORY: ADA
TYPE: COR
REFERENCE: 3042112
REFERENCE DATE: 02 11 1993
CASES:
A - 122 - 821
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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 ERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTS FROM CANADA
1. THE DEPARTMENT OF COMMERCE PUBLISHED ON FEBRUARY 4,
1993, THE
NOTICE
OF
ITS PRELIMINARY DETERMINATION OF
THE
ANTIDUMPING
DUTY INVESTIGATION OF
CERTAIN COLD-ROLLED CARBON
STEEL
FLAT
PRODUCTS FROM CANADA.
ON
MARCH 18,
1993,
THE DEPARTMENT OF
COMMERCE WILL
PUBLISH
IN
THE
FEDERAL REGISTER ITS
AMENDED
PRELIMINARY DETERMINATION ON COLD-ROLLED STEEL FROM CANADA.
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 GREATER AND
WHICH MEASURES AT
LEAST 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
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-122-821)
4. THE DEPARTMENT HAS REVISED THE MARGIN FOR COLD METAL PRODUCTS,
LTD. (CMP)
AND STELCO, INC.
AND
THE
"ALL OTHERS" RATE
FOR
COLD-ROLLED CARBON
STEEL
FLAT PRODUCTS
AS
INDICATED BELOW.
THE MARGINS FOR DOFASCO, INC.
AND
SIDBEC
DOSCO
REMAIN
THE
SAME.
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 FEBRUARY 4,
1993, AND
SHALL REQUIRE A
CASH DEPOSIT OR
THE POSTING
OF
A
BOND
EQUAL
TO
THE ESTIMATED PRELIMINARY
MARGIN PERCENTAGES LISTED BELOW.
CANADA
/ COLD-ROLLED STEEL
PRODUCER/MANUFACTURER/
CUSTOMS ID
WEIGHTED-AVERAGE
EXPORTER
NO.
MARGIN
PERCENTAGE
CMP
A-122-821-004
5.33
DOFASCO
A-122-821-001
0.47
(EXCLUDED-DEMINIMUS)
SIDBEC-DOSCO
A-122-821-005
10.16
STELCO
A-122-821-003
11.38
ALL OTHERS
A-122-821-000
9.99
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 OTHERS" 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
JEAN
KEMP,
OFFICE
OF
AGREEMENTS
COMPLIANCE,
IMPORT
ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT
OF
COMMERCE
AT
(202)
482-3793.
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN