MESSAGE NO: 4054111
DATE: 02 23 1994
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 583 - 821
A - 533 - 809
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PERIOD COVERED:
02 09 1994
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: ANTIDUMPING DUTY ORDERS FOR CERTAIN FORGED S/S FLANGES
FROM INDIA (A-533-809) AND TAIWAN (A-583-821)
1.
THE DEPARTMENT OF COMMERCE HAS PUBLISHED IN THE FEDERAL
REGISTER ON FEBRUARY 9, 1994, THE NOTICE OF AMENDED FINAL
DETERMINATION OF SALES OF SALE AT LESS THAN FAIR VALUE AND
ANTIDUMPING DUTY ORDER ON CERTAIN FORGED STAINLESS STEEL FLANGES
FROM INDIA.
2.
THE DEPARTMENT OF COMMERCE HAS ALSO PUBLISHED IN THE FEDERAL
REGISTER ON FEBRUARY 9, 1994, THE NOTICE OF ANTIDUMPING DUTY
ORDER ON CERTAIN FORGED STAINLESS STEEL FLANGES FROM TAIWAN.
3.
THE PRODUCTS COVERED BY THESE ORDERS ARE CERTAIN FORGED
STAINLESS STEEL FLANGES BOTH FINISHED AND NOT-FINISHED, GENERALLY
MANUFACTURED TO SPECIFICATION ASTM A-182, AND MADE IN ALLOYS SUCH
AS 304, 304L, 316, AND 316L.
THE SCOPE OF THESE ORDERS INCLUDES
FIVE GENERAL TYPES OF FLANGES.
THEY ARE WELD NECK, USED FOR
BUTT-WELD LINE CONNECTIONS, THREADED, USED FOR THREADED LINE
CONNECTIONS, SLIP-ON & LAP JOINT, USED WITH STUB ENDS/BUTT-WELD
LINE CONNECTIONS, SOCKET WELD, USED TO FIT PIPE INTO A MACHINED
RECESSION, AND BLIND, USED TO SEAL OFF A LINE.
THE SIZES OF THE
FLANGES WITHIN THE SCOPE RANGE GENERALLY FROM ONE TO SIX INCHES:
HOWEVER ALL SIZES OF THE ABOVE-DESCRIBED MERCHANDISE ARE INCLUDED
IN THE SCOPE.
SPECIFICALLY EXCLUDED FROM THE SCOPE OF THESE
ORDERS ARE CAST STAINLESS STEEL FLANGES.
CAST STAINLESS STEEL
FLANGES GENERALLY ARE MANUFACTURED TO SPECIFICATION ASTM A-351.
THE FLANGES SUBJECT TO THESE ORDERS ARE CURRENTLY CLASSIFIABLE
UNDER SUBHEADING 7307.21.1000 AND 7307.21.5000 OF THE HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTSUS).
THE HTSUS
SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES.
THE WRITTEN DESCRIPTION OF THE SCOPE OF THESE ORDERS REMAINS
DISPOSITIVE.
4.
FOR FURTHER REPORTING PURPOSES THESE CASES HAVE BEEN ASSIGNED
INVESTIGATION NUMBERS A-533-809 (INDIA) AND 583-821 (TAIWAN).
5.
THE INTERNATIONAL TRADE COMMISSION (ITC) FOUND THAT A U.S.
INDUSTRY IS THREATENED WITH MATERIAL INJURY BY REASON OF IMPORTS
OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM INDIA AND TAIWAN.
THE ITC DETERMINED PURSUANT TO SECTION 735(B)(4)(B) OF THE ACT
THAT IT WOULD NOT HAVE FOUND MATERIAL INJURY, BUT FOR THE
SUSPENSION OF LIQUIDATION OF ENTRIES OF CERTAIN FORGED STAINLESS
STEEL FLANGES FROM INDIA AND TAIWAN.
THEREFORE, THE SPECIAL RULE
PROVISION OF SECTION 736(B)(C) APPLIES.
6.
THEREFORE, THE U.S. CUSTOMS SERVICE SHALL TERMINATE
SUSPENSION OF LIQUIDATION FOR ENTRIES OF CERTAIN FORGED STAINLESS
STEEL FLANGES FROM INDIA AND TAIWAN ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION BEFORE FEBRUARY 9, 1994, THE DATE THE
ITC PUBLISHED ITS FINAL DETERMINATIONS, AND SHALL RELEASE ANY
BOND OR OTHER SECURITY, AND REFUND ANY CASH DEPOSIT POSTED TO
SECURE THE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES WITH RESPECT
TO THESE ENTRIES.
7.
THE DEPARTMENT WILL DIRECT U.S. CUSTOMS OFFICERS TO ASSESS
ANTIDUMPING DUTIES EQUAL TO THE AMOUNT BY WHICH THE FOREIGN
MARKET VALUE OF THE MERCHANDISE EXCEEDS THE UNITED STATES PRICE
FOR ALL ENTRIES OF CERTAIN FORGED STAINLESS STEEL FLANGES FROM
INDIA AND TAIWAN.
ANTIDUMPING DUTIES WILL BE ASSESSED ON ALL
UNLIQUIDATED ENTRIES OF CERTAIN STAINLESS STEEL FLANGES FROM
INDIA AND TAIWAN ENTERED OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION ON OR AFTER FEBRUARY 9, 1994.
CUSTOMS OFFICERS MUST
REQUIRE, AT THE SAME TIME AS IMPORTERS WOULD NORMALLY DEPOSIT
ESTIMATED DUTIES, THE FOLLOWING CASH DEPOSITS FOR THE SUBJECT
MERCHANDISE.
INDIA
MANUFACTURER/PRODUCER
ID NO.
WEIGHTED-AVERAGE
EXPORTER
MARGIN PERCENTAGE
MUKAND LTD.
A-533-809-002
210%
SUNSTAR METALS LTD
A-533-809-003
210%
BOMBAY FORGINGS PVT. LTD. A-533-809-004
210%
DYNAFORGE
A-533-809-005
210%
AKAI IMPEX PVT. LTD.
A-533-809-001
18.56%
ALL OTHERS
A-533-809-000
162.14%
TAIWAN
MANUFACTURER/PRODUCER
ID NO
WEIGHTED-AVERAGE
MARGIN PERCENTAGE
ENLIN STEEL CORPORATION
A-583-821-001
48.00%
TAY PRECISION IND. CO. LTD. A-583-821-002
48.00%
TA CHEN STAINLESS STEEL
PIPE CO., LTD.
A-583-821-003
48.00%
ALL OTHERS
A-583-821-000
48.00%
8.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING DUTY COORDINATOR, THE TRADE
COMPLIANCE DIVISION, ANTIDUMPING AND COUNTERVAILING DUTY DIVISION
BRANCH USING ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT PAMELA WARD, THE OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE
(202) 482-1174.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN