MESSAGE NO: 4048111 DATE: 02 17 1994
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 549 - 807 A - 570 - 814
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PERIOD COVERED: 01 03 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: PRELIMINARY AFFIRMATIVE DETERMINATION OF CIRCUMVENTION OF
THE ANTIDUMPING DUTY ORDER ON CARBON STEEL BUTT-WELDED
PIPE FITINGS FROM THE PRC

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON JANUARY 3, 1994, NOTICE OF ITS PRELIMINARY AFFIRMATIVE
DETERMINATION OF CIRCUMVENTION OF THE ANTIDUMPING DUTY ORDER
ON CERTAIN CARBON STEEL BUTT-WELD PIPE FITTINGS FROM THE
PEOPLE'S REPUBLIC OF CHINA (PRC) (A-570-814). THIS
CIRCUMVENTION IS TAKING PLACE THROUGH THAILAND WHICH IS ALSO
COVERED BY AN ANTIDUMPING DUTY ORDER ON CERTAIN CARBON STEEL
BUTT-WELD PIPE FITTINGS (A-549-807).

2. PRODUCTS SUBJECT TO THIS DETERMINATION ARE CARBON STEEL
BUTT-WELD PIPE FITTINGS, AS DESCRIBED IN PARAGRAPH 3 BELOW,
WHICH ARE EXPORTED IN UNFINISHED FORM FROM THE PRC TO
THAILAND, WHERE SOME FINISHING IS PERFORMED.

3. THESE CARBON STEEL BUTT-WELD PIPE FITTINGS HAVE AN INSIDE
DIAMETER OF LESS THAN 14 INCHES, IMPORTED IN EITHER FINISHED
OR UNFINISHED FORM. THESE FORMED OR FORGED PIPE FITTINGS ARE
USED TO JOIN SECTIONS IN PIPING SYSTEMS WHERE CONDITIONS
REQUIRE PERMANENT, WELDED CONNECTIONS, AS DISTINGUISHED FROM
FITTINGS BASED ON OTHER FASTENING METHODS (E.G., THREADED,
GROOVED, OR BOLTED FITTINGS). CARBON STEEL BUTT-WELD PIPE
FITTINGS ARE CURRENTLY CLASSIFIABLE UNDER HTS SUBHEADING
7307.93.30.

4. EFFECTIVE JANUARY 3, 1994, SUSPEND LIQUIDATION OF ALL EXPORTS
OF CARBON STEEL BUTT-WELD PIPE FITTINGS, AS DEFINED IN
PARAGRAPH 3 ABOVE, FROM THAILAND, THAT ARE ENTERED OR
WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER JANUARY
3, 1994, WITH THE EXCEPTION OF BUTT-WELD PIPE FITTINGS
MANUFACTURED AND EXPORTED BY AWAJI SANGYO (THAILAND), WHEN
CERTIFIED AS IN A) BELOW.




A) FOR ALL SUCH IMPORTS OF BUTT-WELD PIPE FITTINGS FROM
THAILAND ACCOMPANIED BY A CERTIFICATE STATING THAT SUCH PIPE
FITTINGS HAVE NOT BEEN PRODUCED FROM UNFINISHED CHINESE PIPE
FITTINGS, THE IMPORTER OF RECORD MUST CERTIFY THE FOLLOWING:

I, HEREBY, CERTIFY THAT I AM THE IMPORTER OF RECORD OF (NAME
OF THE MANUFACTURER OF THE FINISHED PIPE FITTINGS) AND THAT I
HAVE KNOWLEDGE REGARDING THE FACTS OF PRODUCTION OF THESE
PIPE FITTINGS. I FURTHER CERTIFY THAT, TO THE BEST OF MY
KNOWLEDGE AND BELIEF, THIS SHIPMENT OF CARBON STEEL
BUTT-WELDPIPE FITTINGS WAS NOT PRODUCED FROM UNFINISHED PIPE
FITTINGS FROM THE PEOPLE'S REPUBLIC OF CHINA.

AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION. THE CUSTOMS SERVICE SHALL REQUIRE
A CASH DEPOSIT IN THE AMOUNT OF THE COMPANY-SPECIFIC RATE FOR
THE THAI MANUFACTURER/EXPORTER, OR, IF THERE IS NO
COMPANY-SPECIFIC RATE FOR THE THAI MANUFACTURER OR EXPORTER,
THE "ALL OTHERS" RATE FOR PIPE FITTINGS FROM THAILAND AS
LISTED BELOW. SUSPENSION OF LIQUIDATION SHALL NOT BE
REQUIRED FOR AWAJI SANGYO (THAILAND), CO., LTD. (AST), IF IT
CERTIFIES THAT ITS SHIPMENT CONSISTS OF PIPE FITTINGS WHICH
WERE NOT PRODUCED FROM UNFINISHED CHINESE PIPE FITTINGS, AS
ABOVE, SINCE ITS MARGIN WAS DE MINIMIS.

MANUFACTURER/EXPORTER CUSTOMS ID PERCENTAGE
NUMBER

TTU INDUSTRIAL CORP., LTD. A-549-807-001 10.68
THAI BENKANCO. A-549-807-003 50.84
ALL OTHERS (THAILAND) A-549-807-000 39.10

B. FOR ALL SUCH IMPORTS WHICH ARE ACCOMPANIED BY A
CERTIFICATE STATING THAT THE MERCHANDISE WAS MANUFACTURED IN
THAILAND USING CHINESE UNFINISHED PIPE FITTINGS AND STATES
THE NAME OF THE CHINESE MANUFACTURER OF THE UNFINISHED PIPE
FITTINGS, THE IMPORTER OF RECORD MUST CERTIFY THE FOLLOWING:

I, HERBY, CERTIFY THAT I AM THE IMPORTER OF RECORD OF (NAME
OF THE MANUFACTURER OF THE FINISHED PIPE FITTINGS) AND THAT I
HAVE KNOWLEDGE REGARDING THE FACTS OF PRODUCTION OF THESE
PIPE FITTINGS. I FURTHER CERTIFY THAT, TO THE BEST OF MY
KNOWLEDGE AND BELIEF, THAT THIS SHIPMENT CONTAINS CARBON
STEEL BUTT-WELD PIPE FITTINGS THAT WERE PRODUCED FROM
UNFINISHED PIPE FITTINGS MANUFACTURED BY (THE CHINESE
MANUFACTURER OF THE UNFINISHED PIPE FITTINGS) FROM THE
PEOPLE'S REPUBLIC OF CHINA.




AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION. THE CUSTOMS SERVICE SHALL REQUIRE
A CASH DEPOSIT IN THE AMOUNT OF THE COMPANY-SPECIFIC RATE OF
THE MANUFACTURER OF THE CHINESE UNFINISHED PIPE FITTINGS AS
LISTED BELOW.

MANUFACTURER/EXPORTER CUSTOMS ID PERCENTAGE
NUMBER

CHINA NORTH INDUSTRIES CORP. A-549-807-004 154.72

JILIN PROVINCIAL MACHINERY
AND EQUIPMENT IMPORT AND
EXPORT CORP. A-549-807-005 75.23

LIAONING MACHINERY AND
EQUIPMENT IMPORT AND
EXPORT CORP. A-549-807-006 134.79

LIAONING METALS A-549-807-007 182.90


LIAONING METALS AND MINERALS
IMPORT AND EXPORT CORP. A-549-807-008 103.70

SHANDONG METALS AND MINERALS
IMPORT AND EXPORT CORP. A-549-807-009 35.06

SHENYANG BILLIONGOLD PIPE
FITTING CO., LTD. A-549-807-010 110.39

SHENYANG MACHINERY AND EQUIP.
IMPORT AND EXPORT CORP. A-549-807-011 182.90

SHENZHEN MACHINERY
INDUSTRY CORPORATION A-549-807-012 182.90

ALL OTHERS RATE (PRC) A-549-807-013 182.90

C) FOR ALL SUCH IMPORTS WHICH ARE ACCOMPANIED BY A
CERTIFICATE STATING THAT SUCH PIPE FITTINGS HAVE BEEN
PRODUCED IN THAILAND FROM UNFINISHED CHINESE PIPE FITTINGS,
BUT DO NOT PROVIDE THE SPECIFIC CHINESE MANUFACTURER, THE
IMPORTER OF RECORD MUST CERTIFY THE FOLLOWING:




I, HEREBY, CERTIFY THAT I AM THE IMPORTER OF RECORD (NAME OF
THE MANUFACTURER OF THE FINISHED PIPE FITTINGS) AND THAT I
HAVE KNOWLEDGE REGARDING THE FACTS OF PRODUCTION OF THESE
PIPE FITTINGS. I FURTHER CERTIFY THAT, TO THE BEST OF MY
KNOWLEDGE AND BELIEF, THIS SHIPMENT CONTAINS CARBON STEEL
BUTT-WELD PIPE FITTINGS THAT WERE PRODUCED FROM UNFINISHED
PIPE FITTINGS MANUFACTURED FROM THE PEOPLE'S REPUBLIC OF
CHINA. I HAVE NO KNOWLEDGE OF THE ORIGINAL CHINESE
MANUFACTURER OF THE UNFINISHED PIPE FITTINGS.

AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO
MAKE SUCH A CERTIFICATION. THE CUSTOMS SERVICE SHALL REQUIRE
A CASH DEPOSIT IN THE AMOUNT OF THE HIGHEST RATE FOR PIPE
FITTINGS FROM THE PRC AS LISTED IN SECTION 4. B) ABOVE.

D. FOR SUCH IMPORTS WHICH ARE ACCOMPANIED BY AN INADEQUATE
CERTIFICATE, OR NO CERTIFICATE, REQUIRE A CASH DEPOSIT IN AN
AMOUNT BASED ONTHE HIGHER OF 1) THE HIGHEST RATE FOR ANY
MANUFACTURER/EXPORTER OF PIPE FITTINGS FROM THE PRC AS LISTED
IN 4. B) ABOVE, OR 2) THE RATE FOR THE THAI
MANUFACTURER/EXPORTER, OR, IF THERE IS NO COMPANY-SPECIFIC
RATE FOR THE THAI MANUFACTURER OR EXPORTER, THE "ALL OTHERS"
RATE FOR PIPE FITTINGS FROM THAILAND.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
AD/CVD COORDINATOR, THE TRADE COMPLIANCE DIVISION, AD/ CVD
BRANCH VIA E-MAIL ATTRIBUTE HQ OAB. THE IMPORTING PUBLIC AND
INTERESTED PARTIES SHOULD CONTACT DONALD LITTLE OR LEON
MCNEILL ON (202) 482-4733, OF THE OFFICE OF ANTIDUMPING
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

6. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.



NANCY MCTIERNAN