MESSAGE NO: 4043215
DATE: 02 12 2004
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 580 - 835
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PERIOD COVERED:
01 01 2001
TO
12 31 2001
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL SHEET
AND STRIP IN COILS FROM THE REPUBLIC OF KOREA (C580835)
FOR 01/01/2001 THROUGH 12/31/2001
1.
THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER ON JANUARY 14, 2004 (69 FR 2113) THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER
(C-580-835) ON STAINLESS STEEL SHEET AND STRIP IN COILS FROM THE
REPUBLIC OF KOREA FOR THE PERIOD JANUARY 1, 2001 THROUGH
DECEMBER 31, 2001.
2.
IMPORTS COVERED BY THIS REVIEW ARE CERTAIN STAINLESS STEEL
SHEET AND STRIP IN COILS.
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 SHEET AND STRIP IS A FLAT-ROLLED PRODUCT IN COILS THAT IS
GREATER THAN 9.5 MM IN WIDTH AND LESS THAN 4.75 MM IN THICKNESS,
AND THAT IS ANNEALED OR OTHERWISE HEAT TREATED AND PICKLED OR
OTHERWISE DESCALED.
THE SUBJECT SHEET AND STRIP MAY ALSO BE
FURTHER PROCESSED (E.G., COLD-ROLLED, POLISHED, ALUMINIZED,
COATED, ETC.) PROVIDED THAT IT MAINTAINS THE SPECIFIC DIMENSIONS
OF SHEET AND STRIP FOLLOWING SUCH PROCESSING.
THE MERCHANDISE SUBJECT TO THIS REVIEW IS CLASSIFIED IN THE
HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) AT
SUBHEADINGS:
7219.13.00.31, 7219.13.00.51, 7219.13.00.71,
7219.13.00.81, 7219.14.00.30, 7219.14.00.65, 7219.14.00.90,
7219.32.00.05, 7219.32.00.20, 7219.32.00.25, 7219.32.00.35,
7219.32.00.36, 7219.32.00.38, 7219.32.00.42, 7219.32.00.44,
7219.33.00.05, 7219.33.00.20, 7219.33.00.25, 7219.33.00.35,
7219.33.00.36, 7219.33.00.38, 7219.33.00.42, 7219.33.00.44,
7219.34.00.05, 7219.34.00.20, 7219.34.00.25, 7219.34.00.30,
7219.34.00.35, 7219.35.00.05, 7219.35.00.15, 7219.35.00.30,
7219.35.00.35, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.12.10.00, 7220.12.50.00,
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, 7220.20.70.05, 7220.20.70.10, 7220.20.70.15,
7220.20.70.60, 7220.20.70.80, 7220.20.80.00, 7220.20.90.30,
7220.20.90.60, 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 DEPARTMENT'S WRITTEN
DESCRIPTION OF THE MERCHANDISE IS DISPOSITIVE.
EXCLUDED FROM THE SCOPE OF THIS ORDER ARE THE FOLLOWING:
(1)
SHEET AND STRIP THAT IS NOT ANNEALED OR OTHERWISE HEAT TREATED
AND PICKLED OR OTHERWISE DESCALED, (2) SHEET AND STRIP THAT IS
CUT TO LENGTH, (3) PLATE (I.E., FLAT-ROLLED STAINLESS STEEL
PRODUCTS OF A THICKNESS OF 4.75 MM OR MORE),
(4) FLAT WIRE
(I.E.,
COLD-ROLLED SECTIONS, WITH A PREPARED EDGE, RECTANGULAR IN
SHAPE, OF A WIDTH OF NOT MORE THAN 9.5 MM), AND (5) RAZOR BLADE
STEEL.
RAZOR BLADE STEEL IS A FLAT ROLLED PRODUCT OF STAINLESS
STEEL, NOT FURTHER WORKED THAN COLD-ROLLED (COLD-REDUCED), IN
COILS, OF A WIDTH OF NOT MORE THAN 23 MM AND A THICKNESS OF 0.266
MM OR LESS, CONTAINING, BY WEIGHT, 12.5 TO 14.5 PERCENT CHROMIUM,
AND CERTIFIED AT THE TIME OF ENTRY TO BE USED IN THE MANUFACTURE
OF RAZOR BLADES.
SEE CHAPTER 72 OF THE HTSUS, "ADDITIONAL U.S.
NOTE" 1(D).
THE DEPARTMENT HAS DETERMINED THAT CERTAIN SPECIALTY STAINLESS
STEEL PRODUCTS ARE ALSO EXCLUDED FROM THE SCOPE OF THIS ORDER.
THESE EXCLUDED PRODUCTS ARE DESCRIBED BELOW:
FLAPPER VALVE STEEL IS DEFINED AS STAINLESS STEEL STRIP IN COILS
CONTAINING, BY WEIGHT, BETWEEN 0.37 AND 0.43 PERCENT CARBON,
BETWEEN 1.15 AND 1.35 PERCENT MOLYBDENUM, AND BETWEEN 0.20 AND
0.80 PERCENT MANGANESE.
THIS STEEL ALSO CONTAINS, BY WEIGHT,
PHOSPHORUS OF 0.025 PERCENT OR LESS, SILICON OF
BETWEEN 0.20 AND
0.50 PERCENT, AND SULFUR OF 0.020 PERCENT OR LESS.
THE PRODUCT
IS MANUFACTURED BY MEANS OF VACUUM ARC REMELTING, WITH INCLUSION
CONTROLS FOR SULPHIDE OF NO MORE THAN 0.04 PERCENT AND FOR OXIDE
OF NO MORE THAN 0.05 PERCENT.
FLAPPER VALVE STEEL HAS A TENSILE
STRENGTH OF BETWEEN 210 AND 300 KSI, YIELD STRENGTH OF BETWEEN
170 AND 270 KSI, PLUS OR MINUS 8 KSI, AND A HARDNESS (HV) OF
BETWEEN 460 AND 590.
FLAPPER VALVE STEEL IS MOST COMMONLY USED
TO PRODUCE SPECIALTY FLAPPER VALVES IN COMPRESSORS.
ALSO EXCLUDED IS A PRODUCT REFERRED TO AS SUSPENSION FOIL, A
SPECIALTY STEEL PRODUCT USED IN THE MANUFACTURE OF SUSPENSION
ASSEMBLIES FOR COMPUTER DISK DRIVES.
SUSPENSION FOIL IS
DESCRIBED AS 302/304 GRADE OR 202 GRADE STAINLESS STEEL OF A
THICKNESS BETWEEN 14 AND 127 MICRONS, WITH A THICKNESS TOLERANCE
OF PLUS-OR-MINUS 2.01 MICRONS, AND SURFACE GLOSSINESS OF 200 TO
700 PERCENT GS.
SUSPENSION FOIL MUST BE SUPPLIED IN COIL WIDTHS
OF NOT MORE THAN 407 MM, AND WITH A MASS OF 225 KG OR LESS.
ROLL
MARKS MAY ONLY BE VISIBLE ON ONE SIDE, WITH NO SCRATCHES OF
MEASURABLE DEPTH.
THE MATERIAL MUST EXHIBIT RESIDUAL STRESSES OF
2 MM MAXIMUM DEFLECTION, AND FLATNESS OF 1.6 MM OVER 685 MM
LENGTH.
CERTAIN STAINLESS STEEL FOIL FOR AUTOMOTIVE CATALYTIC CONVERTERS
IS ALSO EXCLUDED FROM THE SCOPE OF THIS ORDER.
THIS STAINLESS
STEEL STRIP IN COILS IS A SPECIALTY FOIL WITH A THICKNESS OF
BETWEEN 20 AND 110 MICRONS USED TO PRODUCE A METALLIC SUBSTRATE
WITH A HONEYCOMB STRUCTURE FOR USE IN AUTOMOTIVE CATALYTIC
CONVERTERS.
THE STEEL CONTAINS, BY WEIGHT, CARBON OF NO MORE
THAN 0.030 PERCENT, SILICON OF NO MORE THAN 1.0 PERCENT,
MANGANESE OF NO MORE THAN 1.0 PERCENT, CHROMIUM OF BETWEEN 19 AND
22 PERCENT, ALUMINUM OF NO LESS THAN 5.0 PERCENT, PHOSPHORUS OF
NO MORE THAN 0.045 PERCENT, SULFUR OF NO MORE THAN 0.03 PERCENT,
LANTHANUM OF BETWEEN 0.002 AND 0.05 PERCENT, AND TOTAL RARE EARTH
ELEMENTS OF MORE THAN 0.06 PERCENT, WITH THE BALANCE IRON.
PERMANENT MAGNET IRON-CHROMIUM-COBALT ALLOY STAINLESS STRIP IS
ALSO EXCLUDED FROM THE SCOPE OF THIS ORDER.
THIS DUCTILE
STAINLESS STEEL STRIP CONTAINS, BY WEIGHT, 26 TO 30 PERCENT
CHROMIUM, AND 7 TO 10 PERCENT COBALT, WITH THE REMAINDER OF IRON,
IN WIDTHS 228.6 MM OR LESS, AND A THICKNESS BETWEEN 0.127 AND
1.270 MM.
IT EXHIBITS MAGNETIC REMANENCE BETWEEN 9,000 AND
12,000 GAUSS, AND A COERCIVITY OF BETWEEN 50 AND 300 OERSTEDS.
THIS PRODUCT IS MOST COMMONLY USED IN ELECTRONIC SENSORS AND IS
CURRENTLY AVAILABLE UNDER PROPRIETARY TRADE NAMES SUCH AS "
ARNOKROME III." ("ARNOKROME III" IS A TRADEMARK OF THE ARNOLD
ENGINEERING COMPANY.)
CERTAIN ELECTRICAL RESISTANCE ALLOY STEEL IS ALSO EXCLUDED FROM
THE SCOPE OF THIS ORDER.
THIS PRODUCT IS DEFINED AS A NON-
MAGNETIC STAINLESS STEEL MANUFACTURED TO AMERICAN SOCIETY OF
TESTING AND MATERIALS (ASTM) SPECIFICATION B344 AND CONTAINING,
BY WEIGHT, 36 PERCENT NICKEL, 18 PERCENT CHROMIUM, AND 46 PERCENT
IRON, AND IS MOST NOTABLE FOR ITS RESISTANCE TO HIGH TEMPERATURE
CORROSION.
IT HAS A MELTING POINT OF 1390 DEGREES CELSIUS AND
DISPLAYS A CREEP RUPTURE LIMIT OF 4 KILOGRAMS PER SQUARE
MILLIMETER AT 1000 DEGREES CELSIUS.
THIS STEEL IS MOST COMMONLY
USED IN THE PRODUCTION OF HEATING RIBBONS FOR CIRCUIT BREAKERS
AND INDUSTRIAL FURNACES, AND IN RHEOSTATS FOR RAILWAY
LOCOMOTIVES.
THE PRODUCT IS CURRENTLY AVAILABLE UNDER
PROPRIETARY TRADE NAMES SUCH AS "GILPHY 36."
("GILPHY 36" IS A
TRADEMARK OF IMPHY, S.A.)
CERTAIN MARTENSITIC PRECIPITATION-HARDENABLE STAINLESS STEEL IS
ALSO EXCLUDED FROM THE SCOPE OF THIS ORDER.
THIS HIGH-STRENGTH,
DUCTILE STAINLESS STEEL PRODUCT IS DESIGNATED UNDER THE UNIFIED
NUMBERING SYSTEM (UNS) AS S45500-GRADE STEEL, AND CONTAINS, BY
WEIGHT, 11 TO 13 PERCENT CHROMIUM, AND 7 TO 10 PERCENT NICKEL.
CARBON, MANGANESE, SILICON AND MOLYBDENUM EACH COMPRISE, BY
WEIGHT, 0.05 PERCENT OR LESS, WITH PHOSPHORUS AND SULFUR EACH
COMPRISING, BY WEIGHT, 0.03 PERCENT OR LESS.
THIS STEEL HAS
COPPER, NIOBIUM, AND TITANIUM ADDED TO ACHIEVE AGING, AND WILL
EXHIBIT YIELD STRENGTHS AS HIGH AS 1700 MPA AND ULTIMATE TENSILE
STRENGTHS AS HIGH AS 1750 MPA AFTER AGING, WITH ELONGATION
PERCENTAGES OF 3 PERCENT OR LESS IN 50 MM.
IT IS GENERALLY
PROVIDED IN THICKNESSES BETWEEN 0.635 AND 0.787 MM, AND IN WIDTHS
OF 25.4 MM.
THIS PRODUCT IS MOST COMMONLY USED IN THE
MANUFACTURE OF TELEVISION TUBES AND IS CURRENTLY AVAILABLE UNDER
PROPRIETARY TRADE NAMES SUCH AS "DURPHYNOX 17."
("DURPHYNOX 17"
IS A TRADEMARK OF IMPHY, S.A.)
FINALLY, THREE SPECIALTY STAINLESS STEELS TYPICALLY USED IN
CERTAIN INDUSTRIAL BLADES AND SURGICAL AND MEDICAL INSTRUMENTS
ARE ALSO EXCLUDED FROM THE SCOPE OF THIS ORDER.
THESE INCLUDE
STAINLESS STEEL STRIP IN COILS USED IN THE PRODUCTION OF TEXTILE
CUTTING TOOLS (E.G., CARPET KNIVES).
(THIS LIST OF USES IS
ILLUSTRATIVE AND PROVIDED FOR DESCRIPTIVE PURPOSES ONLY.)
THIS
STEEL IS SIMILAR TO ASTM GRADE 440F, BUT CONTAINING, BY WEIGHT,
0.5 TO 0.7 PERCENT OF MOLYBDENUM.
THE STEEL ALSO CONTAINS, BY
WEIGHT, CARBON OF BETWEEN 1.0 AND 1.1 PERCENT, SULFUR OF 0.020
PERCENT OR LESS, AND INCLUDES BETWEEN 0.20 AND 0.30 PERCENT
COPPER AND BETWEEN 0.20 AND 0.50 PERCENT COBALT.
THIS STEEL IS
SOLD UNDER PROPRIETARY NAMES SUCH AS "GIN4 HI-C."
THE SECOND
EXCLUDED STAINLESS STEEL STRIP IN COILS IS SIMILAR TO AISI 420-J2
AND CONTAINS, BY WEIGHT, CARBON OF BETWEEN 0.62 AND 0.70 PERCENT,
SILICON OF BETWEEN 0.20 AND 0.50 PERCENT, MANGANESE OF BETWEEN
0.45 AND 0.80 PERCENT, PHOSPHORUS OF NO MORE THAN 0.025 PERCENT
AND SULFUR OF NO MORE THAN 0.020 PERCENT.
THIS STEEL HAS A
CARBIDE DENSITY ON AVERAGE OF 100 CARBIDE PARTICLES PER SQUARE
MICRON.
AN EXAMPLE OF THIS PRODUCT IS "GIN5" STEEL.
THE THIRD
SPECIALTY STEEL HAS A CHEMICAL COMPOSITION SIMILAR TO AISI 420 F,
WITH CARBON OF BETWEEN 0.37 AND 0.43 PERCENT, MOLYBDENUM OF
BETWEEN 1.15 AND 1.35 PERCENT, BUT LOWER MANGANESE OF BETWEEN
0.20 AND 0.80 PERCENT, PHOSPHORUS OF NO MORE THAN 0.025 PERCENT,
SILICON OF BETWEEN 0.20 AND 0.50 PERCENT, AND SULFUR OF NO MORE
THAN 0.020 PERCENT.
THIS PRODUCT IS SUPPLIED WITH A HARDNESS OF
MORE THAN HV 500 GUARANTEED AFTER CUSTOMER PROCESSING, AND IS
SUPPLIED AS, FOR EXAMPLE, "GIN6."
3.
ACCORDINGLY, YOU ARE NOW INSTRUCTED TO LIQUIDATE ALL
SHIPMENTS OF STAINLESS STEEL SHEET AND STRIP IN COILS FROM THE
REPUBLIC OF KOREA EXPORTED BY THE PRODUCERS/EXPORTERS LISTED
BELOW, AND ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR AFTER
01/01/2001 AND ON OR BEFORE 12/31/2001 AT THE FOLLOWING PERCENT
OF ENTERED VALUE:
ID NUMBER
COMPANY NAME
RATE
C-580-835-002
INCHON IRON AND STEEL (INI)
0.55
C-580-835-005
SAMMI STEEL CO., LTD. (BNG)
0.55
MESSAGE #2259201 DATED 09/16/2002 PROVIDED LIQUIDATION
INSTRUCTIONS FOR THIS PERIOD FOR ALL PRODUCERS/EXPORTERS
EXCEPT INCHON IRON AND STEEL (INI) (C-580-835-002) AND SAMMI
STEEL CO., LTD. (BNG) (C-580-835-005).
THEREFORE, THESE
INSTRUCTIONS COMPLETE LIQUIDATION FOR ALL ENTRIES OF THE
SUBJECT MERCHANDISE FOR THE PERIOD ON OR AFTER 01/01/2001
AND ON OR BEFORE 12/31/2001.
4.
IN THE FINAL RESULTS OF THE PREVIOUS REVIEW (68 FR 13267
(MARCH 19, 2003)), THE DEPARTMENT DETERMINED THAT, FOR CASH
DEPOSIT PURPOSES, INI STEEL COMPANY IS
INCHON IRON AND STEEL,
AND BNG STEEL CO., LTD IS SAMMI STEEL CO., LTD.
ACCORDINGLY, ALL
ENTRIES FROM INI STEEL COMPANY SHOULD BE LIQUIDATED AT THE SAME
RATE AS ENTRIES FROM INCHON IRON AND STEEL (C-580-835-002), AND
ALL ENTRIES FROM BNG STEEL CO., LTD SHOULD BE LIQUIDATED AT THE
SAME RATE AS ENTRIES FROM SAMMI STEEL CO., LTD (C-580-835-005).
5.
THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CBP ON ENTRIES
OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778
OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES THAT CBP PAYS
INTEREST ON OVERPAYMENTS AND ASSESS INTEREST ON UNDERPAYMENTS OF
THE REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING
DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR
BONDS POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE
OF PUBLICATION OF THE COUNTERVAIL DUTY ORDER.
INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED COUNTERVAILING
DUTIES IS REQUIRED 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.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THIS MERCHANDISE
EXPORTED ON OR BEFORE DECEMBER 31, 2001, IS LIFTED.
SUSPENSION
OF LIQUIDATION FOR ALL ENTRIES OF THIS MERCHANDISE EXPORTED AFTER
DECEMBER 31, 2001, WILL CONTINUE.
7.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI AT OFFICE OF AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-0984 (GENERATED BY G2O6:DB).
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA