MESSAGE NO: 3194114
DATE: 07 13 1993
CATEGORY: ADA
TYPE: FIN
REFERENCE:
REFERENCE DATE:
CASES:
A - 423 - 804
A - 421 - 804
A - 470 - 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 ANTIDUMPING INVESTIGATIONS OF
CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS FROM
BELGIUM, NETHERLANDS, AND SPAIN
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JULY 9, 1993, THE 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 BEING OR 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 ARE CERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTS.
THESE PRODUCTS INCLUDE COLD-ROLLED (COLD-REDUCED)
CARBON STEEL FLAT-ROLLED
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, (WHETHER OR NOT IN SUCCESSIVELY
SUPERIMPOSED LAYERS) 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 A THICKNESS OF
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 HTS 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, AND 7217.39.5000.
INCLUDED IN THESE INVESTIGATIONS ARE FLAT-ROLLED PRODUCTS OF
NONRECTANGULAR CROSS-SECTION WHERE SUCH CROSS-SECTION IS ACHIEVED
SUBSEQUENT 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 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 HTS 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:
BELGIUM
A-423-804
NETHERLANDS
A-421-804
SPAIN
A-469-802
THE CUSTOMS IDENTIFICATION NUMBER SHOULD BE USED FOR CUSTOMS
IDENTIFICATION PURPOSES ONLY.
SPAIN
A-470-802
4.
BECAUSE CRITICAL CIRCUMSTANCES EXIST FOR ALL EXPORTS OF
CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS FROM SPAIN, 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 90 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:
BECAUSE THE DEPARTMENT NOW DETERMINES THAT CRITICAL CIRCUMSTANCES
DO NOT EXIST, THE RETROACTIVE SUSPENSIONS OF LIQUIDATIONS ORDERED
AT THE TIME OF THE PRELIMINARY DETERMINATION ARE TERMINATED FOR
ENTRIES OF CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS FROM
BELGIUM, ALL CASH DEPOSITS OR BONDS PLACED ON ENTRIES OF
COLD-ROLLED STEEL FROM BELGIUM PRIOR TO FEBRUARY 4, 1993, SHALL
BE REFUNDED.
FOR ALL EXPORTS OF CERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTSFROM THE NETHERLANDS THE CUSTOMS SERVICE SHALL CONTINUE
TO SUSPEND LIQUIDATION OF SUCH PRODUCTS THAT ARE ENTER OR
WITHDRAWNFROM 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:
MANUFACTURER/PRODUCER
CUSTOMS IDENTIFICATION
MARGIN
EXPORTER
NUMBER
PERCENTAGE
BELGIUM
SIDMAR
A-423-804-004
14.73
ALL OTHERS
A-423-804-000
14.73
NETHERLANDS
HOOGOVENS
A-421-804-001
20.09
ALL OTHERS
A-421-804-000
20.09
SPAIN
ENSIDESA
A-470-802-001
43.12
ALL OTHERS
A-470-802-000
43.12
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 OTHER" 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 LOUIS APPLE, OFFICE OF ANTIDUMPING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S.DEPARTMENT OF COMMERCE AT (202) 482-1769.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN