MESSAGE NO: 3251211 DATE: 09 08 2002
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 475 - 822 - -
- - - -
- - - -

PERIOD COVERED: 05 01 2002 TO 04 30 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NON-REVIEW/AUTOMATIC LIQUIDATION INSTRUCTIONS FOR
STAINLESS STEEL PLATE IN COILS FROM ITALY (A-475-822)


1. THE DEPARTMENT OF COMMERCE DOES NOT AUTOMATICALLY CONDUCT
ADMINISTRATIVE REVIEWS OF ANTIDUMPING FINDINGS/DUTY ORDERS.
INSTEAD, REVIEWS MUST BE REQUESTED IN ACCORDANCE WITH SECTION
351.213 OF THE COMMERCE DEPARTMENT REGULATIONS.

2. THE DEPARTMENT OF COMMERCE HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER FOR THE
PERIOD AND ON THE MERCHANDISE LISTED BELOW. THEREFORE, IN
ACCORDANCE WITH SECTION 351.212(c) OF THE COMMERCE DEPARTMENT
REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON MERCHANDISE
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION AT THE CASH
DEPOSIT OR BONDING RATE IN EFFECT ON THE DATE OF ENTRY SUMMARY.


MERCHANDISE CASE NUMBER PERIOD SCOPE TO BE
APPLIED

STAINLESS STEEL A-475-822 5/01/2002-3/10/2003 EXCLUDE COLD-
PLATE IN COILS ROLLED
FROM ITALY
3/11/2003-4/30/2003 INCLUDE COLD-
ROLLED

LIQUIDATE ALL ENTRIES FOR ALL FIRMS (PLEASE NOTE SCOPE
EXPLANATIONS IN PARAGRAPHS 4 AND 5)


3. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIODS LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH
DEPOSIT OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES
OF THE SUBJECT MERCHANDISE AT THE CURRENT RATES, WHICH ARE:

MANUFACTURER Rate

THYSSENKRUPP ACCIAI SPECIALI TERNI SPA A-475-822-001 0.00%

ALL OTHERS A-475-822-000 39.69%

4. AS EXPLAINED IN MESSAGE NUMBER 313204 SENT ON 5/13/2003, THE
SCOPE OF THE ORDER CHANGED EFFECTIVE 3/11/2003. THE NEW SCOPE
FOR THIS ORDER IS CERTAIN STAINLESS STEEL PLATE IN COILS WHICH
INCLUDES COLD-ROLLED PRODUCTS. PRIOR TO THE CHANGE, THE SCOPE OF
THIS ORDER EXCLUDED COLD-ROLLED. THE PREVIOUS SCOPE (EXCLUDING
COLD-ROLLED) IS DESCRIBED IN PARAGRAPH 5. THE NEW SCOPE
(INCLUDING COLD-ROLLED) IS DESCRIBED BY THE FOLLOWING:

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
THIS PETITION ARE THE FOLLOWING:

(1) PLATE NOT IN COILS, (2) PLATE THAT IS NOT ANNEALED OR
OTHERWISE HEAT TREATED AND PICKLEDOR OTHERWISE DESCALED, (3)
SHEET AND STRIP, AND (4) FLAT BARS. THE MERCHANDISE (ENTERED ON
OR AFTER 3/11/2003)SUBJECT TO THIS ORDER IS CURRENTLY
CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTS) AT SUBHEADINGS:

7219.11.0030, 7219.11.0060, 7219.12.0006, 7219.12.0021,
7219.12.0026, 7219.12.0051, 7219.12.0056, 7219.12.0066,
7219.12.0071, 7219.12.0081, 7219.31.0010, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.11.0000, 7220.20.1010, 7220.20.1015, 7220.20.1060,
7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015,
7220.20.6060, 7220.20.6080, 7220.90.0010, 7220.90.0015,
7220.90.0060, AND 7220.90.0080.


ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
U.S. BUREAU OF CUSTOMS AND BORDER PROTECTION ("BCBP") PURPOSES,
THE WRITTEN DESCRIPTION OF THE MERCHANDISE SUBJECT TO THIS ORDER
IS DISPOSITIVE.

5. AS EXPLAINED IN PARAGRAPH 4 ABOVE, THE PREVIOUS SCOPE
(EXCLUDING COLD-ROLLED) APPLIES TO ALL ENTRIES ON OR BEFORE
3/10/2003. THE PREVIOUS SCOPE FOR THESE ORDERS IS CERTAIN
STAINLESS STEEL PLATE IN COILS (EXCLUDING COLD-ROLLED). FOR ALL
ENTRIES ON OR BEFORE 3/10/2003, APPLY THE SCOPE WHICH IS
DESCRIBED IN THIS PARAGRAPH. 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. IN ADDITION, CERTAIN
COLD-ROLLED STAINLESS STEEL PLATE IN COILS IS ALSO EXCLUDED FROM
THE SCOPE OF THESE ORDERS. 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 (ENTERED ON OR
BEFORE 3/10/2003) SUBJECT TO THIS ORDER IS CURRENTLY CLASSIFIABLE
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS) AT
SUBHEADINGS:

7219.11.0030, 7219.11.0060, 7219.12.0006, 7219.12.0021,
7219.12.0026, 7219.12.0051, 7219.12.0056, 7219.12.0066,
7219.12.0071, 7219.12.0081, 7219.31.0010, 7219.90.0010,
7219.90.0020, 7219.90.0025, 7219.90.0060, 7219.90.0080,
7220.11.0000, 7220.20.1010, 7220.20.1015, 7220.20.1060,
7220.20.1080, 7220.20.6005, 7220.20.6010, 7220.20.6015,
7220.20.6060, 7220.20.6080, 7220.90.0010, 7220.90.0015,
7220.90.0060, AND 7220.90.0080.

ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE
ORDERS IS DISPOSITIVE.


6. THE ASSESSMENT OF ANTIDUMPING DUTIES BY CUSTOMS AND BORDER
PROTECTION 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 ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF
THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED FROM
THE DATE OF PAYMENT OF ESTIMATED ANTIDUMPING 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. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD REQUIRE
THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT AS DESCRIBED
IN SECTION 351.402(f)(2) OF THE COMMERCE DEPARTMENT REGULATIONS.
THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT STATEMENT PRIOR TO
LIQUIDATION OF THE ENTRY. IF THE IMPORTER HAS BEEN REIMBURSED
ANTIDUMPING DUTIES, CUSTOMS SHOULD DOUBLE THE ANTIDUMPING DUTIES
IN ACCORDANCE WITH THE ABOVE-REFERENCED REGULATION.
ADDITIONALLY, IF THE IMPORTER FAILS TO RESPOND TO YOUR FORMAL
REQUEST (VIA CF 28 OR 29) FOR THE REIMBURSEMENT STATEMENT PRIOR
TO LIQUIDATION, CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE
THE ANTIDUMPING DUTIES DUE.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THE IMPORTING PUBLIC, OR INTERESTED PARTIES PLEASE
____________________________________
CONTACT JON FREED AT jonfreedatita.doc.gov, OR AT OFFICE OF
AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-3818.

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



CATHY SAUCEDA