MESSAGE NO: 3140201
DATE: 05 20 2003
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 533 - 818
C - 560 - 806
C - 475 - 827
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-
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PERIOD COVERED:
01 01 2002
TO
12 31 2002
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION OF STEEL PLATE FROM INDIA,INDONESIA AND
ITALY
1.
THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDERS ON
CUT-TO-
LENGTH CARBON-QUALITY STEEL PLATE FROM INDIA (C-533-818),
INDONESIA (C-560-806), AND ITALY (C-475-827) FOR THE PERIOD
1/1/2002 THROUGH 12/31/2002.
2.
THE MERCHANDISE COVERED BY THESE INSTRUCTIONS ARE CERTAIN
HOT-
ROLLED CARBON-QUALITY STEEL: (1) UNIVERSAL MILL PLATES (I.E.,
FLAT-ROLLED PRODUCTS ROLLED ON FOUR FACES OR IN A CLOSED BOX
PASS, OF A WIDTH EXCEEDING 150 MM BUT NOT EXCEEDING 1250 MM, AND
OF A NOMINAL OR ACTUAL THICKNESS OF NOT LESS THAN 4 MM, WHICH ARE
CUT-TO-LENGTH (NOT IN COILS) AND WITHOUT PATTERNS IN RELIEF), OF
IRON OR NON-ALLOY-QUALITY STEEL; AND (2) FLAT-ROLLED PRODUCTS,
HOT-ROLLED, OF A NOMINAL OR ACTUAL THICKNESS OF 4.75 MM OR MORE
AND OF A WIDTH WHICH EXCEEDS 150 MM AND MEASURES AT LEAST TWICE
THE THICKNESS, AND WHICH ARE CUT-TO-LENGTH (NOT IN COILS).
STEEL PRODUCTS TO BE INCLUDED IN THIS SCOPE ARE OF RECTANGULAR,
SQUARE, CIRCULAR OR OTHER SHAPE AND OF RECTANGULAR OR NON-
RECTANGULAR CROSS-SECTION WHERE SUCH NON-RECTANGULAR CROSS-
SECTION IS ACHIEVED SUBSEQUENT TO THE ROLLING PROCESS (I.E.,
PRODUCTS WHICH HAVE BEEN "WORKED AFTER ROLLING")
FOR EXAMPLE,
PRODUCTS WHICH HAVE BEEN BEVELED OR ROUNDED AT THE EDGES, STEEL
PRODUCTS THAT MEET THE NOTED PHYSICAL CHARACTERISTICS THAT ARE
PAINTED, VARNISHED OR COATED WITH PLASTIC OR OTHER NON-METALLIC
SUBSTANCES ARE INCLUDED WITHIN THIS SCOPE.
ALSO, SPECIFICALLY
INCLUDED IN THIS SCOPE ARE HIGH STRENGTH, LOW ALLOY (HSLA)
STEELS.
HSLA STEELS ARE RECOGNIZED AS STEELS WITH MICRO-ALLOYING
LEVELS OF ELEMENTS SUCH AS CHROMIUM, COPPER, NIOBIUM, TITANIUM,
VANADIUM, AND MOLYBDENUM.
STEEL PRODUCTS TO BE INCLUDED IN THIS SCOPE, REGARDLESS OF
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS)
DEFINITIONS, ARE PRODUCTS IN WHICH:
(1) IRON PREDOMINATES, BY
WEIGHT, OVER EACH OF THE OTHER CONTINUED ELEMENTS, (2) THE CARBON
CONTENT IS TWO PERCENT OR LESS, BY WEIGHT, AND (3) NONE OF THE
ELEMENTS LISTED BELOW IS EQUAL TO OR EXCEEDS THE QUALITY, BY
WEIGHT, RESPECTIVELY INDICATED:
1.80 PERCENT OF MANGANESE, OR
1.50 PERCENT OF SILICON, OR
1.00 OF COPPER, OR
0.50 PERCENT OF ALUMINUM, OR
1.25 PERCENT OF CHROMIUM, OR
0.30 PERCENT OF COBALT, OR
0.40 PERCENT OF LEAD, OR
1.25 PERCENT OF NICKEL, OR
0.30 PERCENT OF TUNGSTEN, OR
0.10 PERCENT OF MOLYBDENUM, OR
0.10 PERCENT OF NIOBIUM, OR
0.41 PERCENT OF TITANIUM, OR
0.15 PERCENT OF VANADIUM, OR
0.15 PERCENT ZIRCONIUM.
ALL PRODUCTS THAT MEET THE WRITTEN PHYSICAL DESCRIPTION, AND IN
WHICH THE CHEMISTRY QUANTITIES DO NOT EQUAL OR EXCEED ANY ONE OF
THE LEVELS LISTED ABOVE, ARE WITHIN THE SCOPE OF THESE ORDERS
UNLESS OTHERWISE SPECIFICALLY EXCLUDED.
THE FOLLOWING PRODUCTS
ARE SPECIFICALLY EXCLUDED FROM THESE ORDERS: (1) PRODUCTS CLAD,
PLATED, OR COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED
OR COATED WITH PLASTIC OR OTHER NON-METALLIC SUBSTANCES; (2) SAE
GRADES (FORMERLY AISI GRADES) OF SERIES 2300 AND ABOVE; (3)
PRODUCTS MADE TO ASTM A710 AND A736 OR THEIR PROPRIETARY
EQUIVALENTS; (4) ABRASION-RESISTANT STEELS (I.E., USS AR 400, USS
AR 500); (5) PRODUCTS MADE TO ASTM A202, A225, A514 GRADE S, A517
GRADE S, OR THEIR PROPRIETARY EQUIVALENTS; (6) BALL BEARING
STEELS; (7) TOOL STEELS; AND (8) SILICON MANGANESE STEEL OR
SILICON ELECTRIC STEEL.
THIS MERCHANDISE IS CURRENTLY PROVIDED FOR UNDER HARMONIZED
TARIFF SCHEDULE ITEM NUMBERS: 7208.40.3030, 7208.40.3060,
7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000,
7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000,
7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050,
7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000, AND 7226.99.0000.
3.
THEREFORE, IN ACCORDANCE WITH SECTION 351.212(C) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER 1/1/2002 AND ON OR BEFORE
12/31/2002.
4.
THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:
MANUFACTURERS
CASE NUMBER
PERIOD
RATE
CUT-TO-LENGTH PLATE
FROM INDIA
STEEL AUTHORITY
OF INDIA (SAIL)
C-533-818-001
1/1/2002-12/31/2002
12.82%
ALL OTHERS
C-533-818-000
1/1/2002-12/31/2002
12.82%
CUT-TO-LENGTH PLATE
FROM INDONESIA
PT KRAKATAU
C-560-806-001
1/1/2002-12/31/2002
47.71%
PT GUNAWAN
DIANJAYA STEEL
C-560-806-002
1/1/2002-12/31/2002 EXCLUDED
PT JAYA PARI STEEL
C-560-806-003
1/1/2002-12/31/2002 EXCLUDED
CORPORATION
ALL OTHER
MANUFACTURERS
C-560-806-000
1/1/2002-12/31/2002
15.90%
CUT-TO-LENGTH PLATE
FROM ITALY
ILVA SPA (ILVA)/
ILVA LAMIERE E TUBI
SPA (ILT)
C-475-827-001
1/1/2002-12/31/2002
26.12%
PALINI
BERTOLI
C-475-827-002
1/1/2002-12/31/2002
EXCLUDED
ALL OTHERS
C-475-827-000
1/1/2002-12/31/2002
26.12%
5.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR BEFORE 12/31/2002 IS LIFTED.
THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE
LISTED ABOVE EXPORTED AFTER 12/31/2002 WILL CONTINUE.
6.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR ENTRIES OF THIS MERCHANDISE IS SUBJECT TO
THE PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION
778 REQUIRES THAT THE BUREAU OF CUSTOMS AND BORDER PROTECTION (
BCBP) PAY INTEREST ON OVERPAYMENTS OR ASSESS INTEREST ON
UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED
COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED COUNTERVAILING
DUTIES BEFORE THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY
ORDER.
INTEREST SHALL BE CALCULATED FROM THE ENTRY DATE OR DATE
OF DEPOSIT WHICHEVER IS LATER, OR ESTIMATED COUNTERVAILING DUTIES
THROUGH THE DATE OF LIQUIDATION.
THE RATE AT WHICH SUCH INTEREST
IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION 6621 OF THE
INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.
7.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY BCBP
OFFICERS, CONTACT GAYLE LONGEST AT "GAYLE__LONGEST AT
ITA.DOC.GOV"
OR AT THE OFFICE OF CVD/AD ENFORCEMENT AT (202) 482-2786.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA