MESSAGE NO: 3296203 DATE: 10 23 2003
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 475 - 822 - -
- - - -
- - - -

PERIOD COVERED: 05 01 2000 TO 04 30 2001

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR STAINLESS STEEL PLATE IN COILS FROM
ITALY (A-475-822)



1. FOR ALL SHIPMENTS OF STAINLESS STEEL PLATE IN COILS FROM ITALY
PRODUCED BY THYSSENKRUPP ACCIAI SPECIALI TERNI SPA, ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
5/1/2000 THROUGH 4/30/2001, ASSESS AN ANTIDUMPING LIABILITY OF (
0.00%) PERCENT OF THE ENTERED VALUE.



MERCHANDISE CASE NUMBER PERIOD

STAINLESS STEEL A-475-822 5/01/2000 4/30/2001
PLATE IN COILS
FROM ITALY

LIQUIDATE ALL ENTRIES FOR ALL FIRMS RATE

PERIOD 5/01/2000 4/30/2001
THYSSENKRUPP ACCIAI SPECIALI TERNI SPA A-475-822-001 0.00%
ALL OTHERS A-475-822-000 39.69%


2. THESE INSTRUCTIONS CONSTITUTE THE IMMEDIATE LIFTING OF
SUSPENSION OF LIQUIDATION OF ENTRIES FOR THE MERCHANDISE AND
PERIOD LISTED ABOVE. YOU SHALL CONTINUE TO COLLECT CASH DEPOSITS
OF ESTIMATED ANTIDUMPING DUTIES FOR SUBSEQUENT ENTRIES OF THE
SUBJECT MERCHANDISE (PLEASE NOTE THE EXPLANATION OF SCOPE IN
PARAGRAPHS 4 AND 5) AT THE CURRENT RATES, WHICH ARE:
MANUFACTURER
THYSSENKRUPP ACCIAI SPECIALI TERNI SPA A-475-822-001 0.00%
ALL OTHERS A-475-822-000 39.69%


3. 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 THE 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 PRODUCTS. THE PREVIOUS SCOPE
(EXCLUDING COLD-ROLLED) IS DESCRIBED IN PARAGRAPH 4. 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 PICKLED OR 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.

4. AS EXPLAINED IN PARAGRAPH 3 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: 7219.11.00.30,
7219.11.00.60, 7219.12.0006, 7219.12.0021, 7219.12.0026,
7219.12.0051, 7219.12.0056, 7219.12.0066, 7219.12.0071,
7219.12.0081, 7219.31.00.10, 7219.90.00.10, 7219.90.00.20,
7219.90.00.25, 7219.90.00.60, 7219.90.00.80, 7220.11.00.00,
7220.20.10.10, 7220.20.10.15, 7220.20.10.60, 7220.20.10.80,
7220.20.60.05, 7220.20.60.10, 7220.20.60.15, 7220.20.60.60,
7220.20.60.80, 7220.90.00.10, 7220.90.00.15, 7220.90.00.60, AND
7220.90.00.80. ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE
SCOPE OF THE ORDERS IS DISPOSITIVE.

5. 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.

6. 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.

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


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