MESSAGE NO: 3231112 DATE: 08 19 1993
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 816 A - 455 - 802
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PERIOD COVERED: 08 19 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: ANTIDUMPING DUTY ORDER AND AMENDMENTS TO FINAL
ON CERTAIN STEEL PRODUCTS
(NEGATIVE - CRITICAL CIRCUMSTANCES GERMANY AND POLAND)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON AUGUST 19, 1993, THE NOTICE OF ITS ANTIDUMPING DUTY ORDER AND
AMENDMENTS TO FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR
VALUE OF 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

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
ASSIGNEDTHE FOLLOWING INVESTIGATIONS NUMBERS:

GERMANY A-428-816 POLAND A-455-802

4. THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) DETERMINED THAT
CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO ANY SUBJECT
IMPORTS FROM POLAND

AS A RESULT OF THE COMMISSION'S NEGATIVE CRITICAL CIRCUMSTANCES
DETERMINATION, THE CUSTOMS SERVICE WILL REFUND ALL CASH DEPOSITS
AND RELEASE ALL BONDS COLLECTED ON CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM POLAND ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER NOVEMBER 6, 1992 AND BEFORE FEBRUARY 4,
1993.

THE ITC NOTIFIED THE DEPARTMENT THAT IMPORTS OF CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS FROM GERMANY AND POLAND
MATERIALLY INJURE THE U.S. INDUSTRY. THEREFORE, FOR ALL IMPORTS
OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS FROM GERMANY
AND POLAND THE CUSTOMS SERVICE SHALL ASSESS ANTIDUMPING DUTIES ON
ALL ENTRIES THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER FEBRUARY 4, 1993, AND SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE ESTIMATED MARGIN PERCENTAGES LISTED
BELOW:

MFR/PROD CUSTOMS ID MARGIN
EXPORTER NO PERCENTAGE

GERMANY
DILLINGER A-428-816-004 36.00
ALL OTHERS A-428-816-000 36.00

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 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 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 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 VIA E-MAIL TO ATTRIBUTE "HQ OAB". OTHER INTERESTED
PARTIES SHOULD CONTACT STEVE ALLEY, OFFICE OF ANTIDUMPING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE(202) 482-5288.

7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN