MESSAGE NO: 3193111
DATE: 07 12 1993
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 427 - 809
A - 428 - 816
A - 475 - 807
A - 455 - 802
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-
-
-
PERIOD COVERED:
07 09 1993
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: FINAL DETERMINATIONS OF THE ANTIDUMPING INVESTIGATIONS
OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS
FROM FRANCE, GERMANY, ITALY, AND POLAND
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 9, 1993, THE NOTICE OF ITS FINAL DETERMINATIONS THAT
CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS, CERTAIN
COLD-ROLLED CARBON STEEL FLAT PRODUCTS, CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS, AND CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE FROM VARIOUS COUNTRIES ARE
BEINGOR ARE LIKELY TO BE, SOLD IN THE UNITED STATES AT LESS THAN
FAIR VALUE.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS IS CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCTS.
THESE PRODUCTS INCLUDE HOT-ROLLED CARBON STEEL
UNIVERSAL MILL PLATES (I.E., FLAT-ROLLED PRODUCTS ROLLED ON FOUR
FACES OR IN A CLOSED BOX PASS, OF A WIDTH EXCEEDING 150
MILLIMETERS BUT NOT EXCEEDING 1,250 MILLIMETERS AND OF A
THICKNESS OF NOT LESS THAN 4 MILLIMETERS, NOT IN COILS AND
WITHOUT PATTERNS IN RELIEF), OF RECTANGULAR SHAPE, NEITHER CLAD,
PLATED NOR COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED,
OR COATED
WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES; AND
CERTAIN HOT-ROLLED CARBON STEEL FLAT-ROLLED
PRODUCTS IN STRAIGHT
LENGTHS, OF RECTANGULAR SHAPE, HOT ROLLED, NEITHER
CLAD, PLATED,
NOR COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED, OR
COATED WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES, 4.75
MILLIMETERS OR MORE IN THICKNESS AND OF A WIDTH WHICH EXCEEDS 150
MILLIMETERS AND MEASURES AT LEAST TWICE THE THICKNESS, AS
CURRENTLY CLASSIFIABLE IN THE HTSUS UNDER SUBHEADINGS:
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000,
7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000,
7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000,
7212.40.5000, AND 7212.50.0000.
INCLUDED IN THESE INVESTIGATIONS ARE FLAT-ROLLED PRODUCTS OF
NONRECTANGULAR CROSS-SECTION WHERE SUCH CROSS-SECTION IS ACHIEVED
SUBSEQUEST TO THE ROLLING PROCESS (I.E., PRODUCTS WHICH HAVE BEEN
"WORKED AFTER ROLLING") -- FOR EXAMPLE, PRODUCTS WHICH HAVE BEEN
BEVELLED OR ROUNDED AT THE EDGES.
EXCLUDED FROM THESE
INVESTIGATIONS IS GRADE X-70 PLATE.
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, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATIONS NUMBERS:
FRANCE
A-427-809
GERMANY
A-428-816
ITALY
A-475-807
POLAND
A-455-802
4.
BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR ALL EXPORTS OF
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS FROM POLAND,
THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH
PRODUCTS THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER NOVEMBER 6, 1992, WHICH IS 9O DAYS PRIOR
TO THE DATE OF PUBLICATION OF THE PRELIMINARY DETERMINATION IN
THE FEDERAL REGISTER AND SHALL REQUIRE A CASH DEPOSIT OR THE
POSTING OF A BOND EQUAL TO THE ESTIMATED MARGIN PERCENTAGES
LISTED BELOW:
FOR ALL EXPORTS OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCTS FROM FRANCE, GERMANY, AND ITALY, THE CUSTOMS SERVICE
SHALL CONTINUE TO 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 MARGIN PERCENTAGES LISTED BELOW:
MFR/PROD
CUSTOMS ID
MARGIN
EXPORTER
NO
PERCENTAGE
FRANCE
USINOR
A-427-809-001
52.87
ALL OTHERS
A-427-809-000
52.87
GERMANY
DILLINGER
A-428-816-004
35.06
ALL OTHERS
A-428-816-000
35.06
ITALY
ILVA SPA
A-475-807-002
53.88
ALL OTHERS
A-475-807-000
53.88
POLAND
STALEXPORT
A-455-802-001
61.98
ALL OTHERS
A-455-802-000
61.98
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 STEVE ALLEY, OFFICE OF ANTIDUMPING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONALTRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE(202) 482-5288.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN