MESSAGE NO: 3238111
DATE: 08 26 1993
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 428 - 814
A - 421 - 804
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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
DETERMINATION OF CERTAIN COLD-ROLLED CARBON STEEL FLAT
PRODUCTS FROM DE (A-428-814) AND NL (A-421-804)
1.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON AUGUST 19, 1993, NOTICE OF ITS ANTIDUMPING DUTY ORDERS AND
AMENDMENTS TO FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR
VALUE OF 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 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 WHICHMEASURES 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:
GERMANY
A-428-814
NETHERLANDS
A-421-804
4.
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
DEPARTMENT THAT IMPORTS OF COLD-ROLLED STEEL FROM GERMANY AND THE
NETHERLANDS THREATEN MATERIAL INJURY TO THE U.S. INDUSTRY.
THEREFORE, THE CUSTOMS SERVICE SHALL TERMINATE SUSPENSION AND
REFUND ANY CASH DEPOSIT, AND RELEASE ANY BOND OR OTHER SECURITY,
OF CARBON STEEL FLAT PRODUCTS FROM GERMANY AND THE NETHERLANDS
FOR ENTRIES, ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
PRIOR TO AUGUST 18, 1993, THE DATE OF PUBLICATION OF THE ITC'S
FINAL DETERMINATION IN THE FEDERAL REGISTER.
THE CUSTOMS SERVICE SHALL SUSPEND LIQUIDATION FOR COLD-ROLLED
CARBON STEEL FLAT PRODUCTS FROM GERMANY AND THE NETHERLANDS,
WITH RESPECT TO ENTRIES ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER AUGUST 18, 1993, THE DATE OF PUBLICATION
OF THE ITC'S FINAL DETERMINATION IN THE FEDERAL REGISTER.
THE
CUSTOMS SERVICE SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE
ESTIMATED ANTIDUMPING DUTY MARGINS BELOW:
MANUFACTURER/PRODUCER
CUSTOMS IDENTIFICATION
MARGIN
EXPORTER
NUMBER
PERCENTAGE
GERMANY
KLOCKNER STAHL
A-428-814-005
23.54
THYSSEN STAHL
A-428-814-003
16.56
ALL OTHERS
A-428-814-000
19.03
NETHERLANDS
HOOGOVENS
A-421-804-001
20.19
ALL OTHERS
A-421-804-000
20.19
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 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 OR BY E-MAIL TO ATTRIBUTE "HQ OAB".
OTHER
INTERESTED PARTIES SHOULD CONTACT STEVE ALLEY FOR GERMANY AND
LOUIS APPLE FOR THE NETHERLANDS, OFFICE OF ANTIDUMPING
INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S.DEPARTMENT OF COMMERCE AT (202) 482-5288 AND
(202) 482-1769, RESPECTIVELY.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN