MESSAGE NO: 3177203
DATE: 06 26 2003
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 791 - 806
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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 INSTRUCTIONS FOR STAINLESS STEEL PLATE IN
COILS FROM SOUTH AFRICA (C-791-806-001 COLUMBUS
STAINLESS; C-791-806-000 ALL OTHER FIRMS)
1.
THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
STAINLESS STEEL PLATE IN COILS FROM SOUTH AFRICA (C-791-806) FOR
THE PERIOD 1/1/2002 THROUGH 12/31/2002.
2.
THE PRODUCT COVERED BY THIS ORDER IS CERTAIN STAINLESS STEEL
PLATE IN COILS FROM SOUTH AFRICA. STAINLESS STEEL IS AN ALLOY
STEEL CONTAINING, BY WEIGHT, 1.2 PERCENT OR LESS OF CARBON AND
10.5 PERCENT OR MORE OF CHROMIUM, WITH OR WITHOUT OTHER ELEMENTS.
THE SUBJECT PLATE PRODUCTS ARE FLAT-ROLLED PRODUCTS, 254 MM OR
OVER IN WIDTH AND 4.75 MM OR MORE IN THICKNESS, IN COILS, AND
ANNEALED OR OTHERWISE HEAT TREATED AND PICKLED OR OTHERWISE
DESCALED. THE SUBJECT PLATE MAY ALSO BE FURTHER PROCESSED (E.G.,
COLD-ROLLED, POLISHED, ETC.) PROVIDED THAT IT MAINTAINS THE
SPECIFIED DIMENSIONS OF PLATE FOLLOWING SUCH PROCESSING. EXCLUDED
FROM THE SCOPE OF THESE ORDERS ARE THE FOLLOWING: (1) PLATE NOT
IN COILS, (2) PLATE THAT IS NOT ANNEALED OR OTHERWISE HEAT
TREATED AND PICKLED OR OTHERWISE DESCALED, (3) SHEET AND STRIP,
AND (4) FLAT BARS.
DURING THIS PERIOD AND PRIOR TO MARCH 11,
2003, (SEE MESSAGE #3136202, DATED 05/16/2003), CERTAIN COLD-
ROLLED STAINLESS STEEL PLATE IN COILS WAS ALSO EXCLUDED FROM THE
SCOPE OF THIS ORDER. THE EXCLUDED COLD-ROLLED STAINLESS STEEL
PLATE IN COILS IS DEFINED AS THAT MERCHANDISE WHICH MEETS THE
PHYSICAL CHARACTERISTICS DESCRIBED ABOVE THAT HAS UNDERGONE A
COLD-REDUCTION PROCESS THAT REDUCED THE THICKNESS OF THE STEEL BY
25 PERCENT OR MORE, AND HAS BEEN ANNEALED AND PICKLED AFTER THIS
COLD REDUCTION PROCESS.
THE MERCHANDISE SUBJECT TO THIS ORDER IS CURRENTLY CLASSIFIABLE
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) AT
SUBHEADINGS: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,
7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, AND 7220.90.00.80. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE ORDER IS
DISPOSITIVE.
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
COLUMBUS STAINLESS
C-791-806-001
1/1/2002-12/31/2002
3.95%
ALL OTHER FIRMS
C-791-806-000
1/1/2002-12/31/2002
3.95%
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.
FOR
SHIPMENTS ON OR AFTER 03/11/2003, REFER TO MESSAGE #3136202 OF
05/16/2003.
6.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE BCBP 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 CUSTOMS 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, THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT GAYLE LONGEST AT "GAYLE__LONGEST AT ITA.DOC.GOV" OR
OFFICE OF CVD/AD ENFORCEMENT VI, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
(202) 482-2786.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA