MESSAGE NO: 4067111
DATE: 03 08 1994
CATEGORY: ADA
TYPE: INF
REFERENCE:
REFERENCE DATE:
CASES:
A - 602 - 803
A - 122 - 822
A - 588 - 826
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PERIOD COVERED:
03 08 1994
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: CLARIFICATION OF THE ANTIDUMPING ORDERS ON CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM
VARIOUS COUNTRIES
1.
ON JULY 9, 1993, THE DEPARTMENT OF COMMERCE (THE DEPARTMENT)
PUBLISHED IN THE FEDERAL REGISTER THE DEPARTMENT'S FINAL
DETERMINATION THAT CERTAIN CARBON STEEL FLAT PRODUCTS FROM
VARIOUS COUNTRIES ARE BEING, OR ARE LIKELY TO BE, SOLD AT LESS
THAN FAIR VALUE.
ON AUGUST 19, 1993, THE DEPARTMENT PUBLISHED
NOTICES OF ITS ANTIDUMPING DUTY ORDERS OF CERTAIN COLD-ROLLED
CARBON STEEL FLAT PRODUCTS, CORROSION-RESISTANT CARBON STEEL FLAT
PRODUCTS, AND CUT-TO-LENGTH CARBON STEEL PLATE FROM VARIOUS
COUNTRIES.
THE DEPARTMENT ALSO AMENDED ITS FINAL DETERMINATION
ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM JAPAN ON
AUGUST 19, 1993.
THESE INSTRUCTIONS CLARIFY THOSE PREVIOUSLY
ISSUED.
PARAGRAPHS 2-5 OF THESE INSTRUCTIONS ARE UNALTERED FROM
THE PREVIOUS INSTRUCTIONS.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY
THESEORDERS IS CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT
PRODUCTS.
THESE PRODUCTS INCLUDE FLAT-ROLLED CARBON STEEL
PRODUCTS, OF
RECTANGULAR SHAPE, EITHER CLAD, PLATED, OR COATED
WITH CORROSION-RESISTANT METALS SUCH AS ZINC, ALUMINUM, OR ZINC-,
ALUMINUM-, NICKEL- OR IRON-BASED ALLOYS, (WHETHER OR NOT
CORRUGATED OR PAINTED, VARNISHED OR COATED WITH PLASTICS OR OTHER
NONMETALLIC SUBSTANCES IN ADDITION TO THE METALLIC COATING, IN
COILS, (WHETHER OR NOT IN SUCCESSIVELY SUPERIMPOSED LAYERS) AND
OF A WIDTH OF 0.5 INCH OR GREATER, OR IN STRAIGHT LENGTHS WHICH,
IF OR A THICK LESS THAN 4.75 MILLIMETERS, ARE OF A WIDTH OF 0.5
INCH OR GREATER AND WHICH MEASURES AT LEAST 10 TIMES THE
THICKNESS OR IF OF A THICKNESS OF 4.75 MILLIMETERS OR MORE ARE OF
A WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT LEAST TWICE
THE THICKNESS, AS CURRENTLY CLASSIFIABLE IN THE HTS UNDER ITEM
NUMBERS
7210.31.0000, 7210.39.0000, 7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.60.0000, 7210.70.6030, 7210.70.6060,
7210.70.6090, 7210.90.1000, 7210.90.6000, 7210-90.9000,
7212.21.0000, 7212.29.0000, 7212.30.1030, 7212.30.1090,
7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.5000,
7217.12.1000, 7217.13.1000, 7217.19.1000, 7217.19.5000,
7217.22.5000, 7217.23.5000, 7217.29.1000, 7217.29.5000,
7217.32.5000, 7217.33.5000, 7217.39.1000, AND 7217.39.5000.
INCLUDED IN THESE ORDERS ARE FLAT-ROLLED PRODUCTS OF
NONRECTANGULAR CROSS-SECTION WHERE SUCH CROSS-SECTION IS ACHIEVED
SUBSEQUENT TO THE ROLLING PROCESS (I.E., PRODUCTS WHICH HAVE BEEN
"WORKED AFTER ROLLING") -- FOR EXAMPLE, PRODUCTS WHICH HAVE BEEN
BEVELLED OR ROUNDED AT THE EDGES.
EXCLUDED FROM THESE ORDERS ARE
FLAT-ROLLED STEEL PRODUCTS EITHER PLATED OR COATED, WITH TIN,
LEAD, CHROMIUM AND CHROMIUM OXIDES ("TERNE PLATE"), OR BOTH
CHROMIUM AND CHROMIUM OXIDES ("TIN-FREE"), WHETHER OR NOT
PAINTED, VARNISHED OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES IN ADDITION TO THE METALLIC COATING.
ALSO EXCLUDED
FROM THESE ORDERS ARE CERTAIN CLAD STAINLESS FLAT-ROLLED
PRODUCTS, WHICH ARE THREE-LAYERED CORROSION-RESISTANT CARBON
STEEL FLAT-ROLLED PRODUCTS LESS THAN 4.75 MILLIMETERS IN
COMPOSITE THICKNESS THAT CONSIST OF A CARBON STEEL FLAT-ROLLED
PRODUCT CLAD ON BOTH SIDES WITH STAINLESS STEEL IN A 20-60-20
PERCENT RATIO.
IN ITS FINAL DETERMINATION, THE INTERNATIONAL TRADE COMMISSION
(ITC) DIVIDED THE ABOVE DESCRIPTION INTO CORROSION-RESISTANT CLAD
PLATE AND CORROSION-RESISTANT (OTHER THAN CLAD PLATE).
THE ITC
DEFINED CORROSION-RESISTANT CLAD PLATE AS CLAD PRODUCTS IN
STRAIGHT LENGTHS OF 0.1875 INCH OR MORE IN COMPOSITE THICKNESS
AND OF A WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT
LEAST TWICE THE THICKNESS.
THE ITC EXCLUDED CORROSION-RESISTANT
CLAD PLATE FROM THESE ORDERS.
ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS (CUSTOMS) PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE
OF THESE PROCEEDINGS IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATION NUMBERS:
AUSTRALIA
A-602-803
CANADA
A-122-822
BRAZIL
A-351-816
MEXICO
A-201-808
JAPAN
A-588-826
4.
ON AUGUST 9, 1993, THE ITC NOTIFIED THE DEPARTMENT THAT
IMPORTS OF CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM
BRAZIL AND MEXICO NEITHER MATERIALLY INJURE NOR THREATEN TO
INJURE THE U.S. INDUSTRY.
THEREFORE, CUSTOMS SHALL TERMINATE THE
SUSPENSION OF LIQUIDATION PREVIOUSLY ORDERED ON
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM BRAZIL AND
MEXICO, AND RELEASE OR REFUND ANY CASH REFUND ANY CASH DEPOSIT OR
BOND COLLECTED WITH RESPECT TO CORROSION-RESISTANT CARBON STEEL
FLAT PRODUCTS FROM BRAZIL AND MEXICO.
5.
ON AUGUST 9, 1993, THE ITC NOTIFIED THE DEPARTMENT THAT
IMPORTS OF CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM
AUSTRALIA, CANADA, AND JAPAN MATERIALLY INJURE THE U.S. INDUSTRY.
SEVERAL PARTIES TO THE CANADA CASE HAVE ALLEGED THAT THE
DEPARTMENT'S FINAL DETERMINATIONS CONTAINED MINISTERIAL ERRORS
WHICH SHOULD BE CORRECTED.
HOWEVER, ON JULY 9, 1993, THE
DEPARTMENT RECEIVED A REQUEST FOR A BINATIONAL PANEL REVIEW OF
ITS DETERMINATIONS.
BECAUSE THIS CASE IS CURRENTLY IN
LITIGATION, THE DEPARTMENT DOES NOT HAVE JURISDICTION TO CORRECT
MINISTERIAL ERRORS AT THIS TIME.
THEREFORE, CUSTOMS SHALL
CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF
CORROSION-RESISTANT STEEL FLAT PRODUCTS FROM CANADA, AS WELL AS
FROM AUSTRALIA AND JAPAN, AND SHALL REQUIRE A CASH DEPOSIT OR
POSTING OF A BOND EQUAL TO THE WEIGHTED-AVERAGE MARGIN
PERCENTAGES LISTED BELOW:
MANUFACTURER/PRODUCER
CUSTOMS ID
MARGIN PERCENTAGE/
EXPORTER
NUMBER
AUSTRALIA
BHP
A-602-803-001
24.96
ALL OTHERS
A-602-803-000
24.96
CANADA
DOFASCO INC.
A-122-822-001
10.89
STELCO INC.
A-122-822-003
28.27
ALL OTHERS
A-122-822-000
22.29
JAPAN
KAWASAKISTEEL CORP.
A-588-826-004
36.41
NIPPONSTEEL CORP.
A-588-826-002
36.41
ALL OTHERS
A-588-826-000
36.41
6.
FOR DEPARTMENT OF COMMERCE (DOC) PURPOSES, THE COUNTRY OF
ORIGIN OF MERCHANDISE SUBJECT TO THESE ORDERS MAY BE DIFFERENT
FROM THE COUNTRY OF ORIGIN AS DETERMINED BY CUSTOMS UNDER THE
FOLLOWING SCENARIO:
STEEL IS MANUFACTURED IN ONE COUNTRY, AND
THEN, IN ANOTHER COUNTRY, UNDERGOES FURTHER PROCESSING WHICH
RESULTS IN A CHANGE IN CLASS OR KIND.
IN SUCH CASES, THE DOC
ALWAYS CONSIDERS THE STEEL TO BE SUBSTANTIALLY TRANSFORMED, AND
THE COUNTRY OF ORIGIN FOR PURPOSES OF DETERMINING THE CORRECT
ANTIDUMPING DUTY DEPOSIT RATE TO BE THE COUNTRY WHERE THE FURTHER
PROCESSING TAKES PLACE.
HOWEVER, SUCH FURTHER PROCESSING, WHICH THE DOC ALWAYS CONSIDERS
A SUBSTANTIAL TRANSFORMATION, IS NOT ALWAYS CONSIDERED A
SUBSTANTIAL TRANSFORMATION BY CUSTOMS.
THEREFORE, THE DOC AND
CUSTOMS COULD HAVE TWO DIFFERENT COUNTRY OF ORIGIN DESIGNATIONS.
(FOR EXAMPLE, IF A RESELLER PURCHASES A COIL OF HOT-ROLLED CARBON
STEEL AND GALVANIZES IT, THE DOC WOULD CONSIDER THAT A
SUBSTANTIAL TRANSFORMATION FOR ANTIDUMPING PURPOSES, BUT
DEPENDING ON THE METALLURGICAL CHANGES THE GALVANIZING PRODUCED,
CUSTOMS MIGHT NOT.)
THE FOLLOWING IS THE FORMAT FOR CUSTOMS IDENTIFICATION NUMBERS
FOR STEEL THAT ORIGINATES IN ONE COUNTRY (INCLUDING THE U.S.) AND
IS FURTHER PROCESSED IN ANOTHER COUNTRY SUCH THAT THE PRODUCT IS
CHANGED TO ANOTHER CLASS OR KIND -- AND UNDERGOES A SUBSTANTIAL
TRANSFORMATION FOR ANTIDUMPING PURPOSES BUT NOT FOR CUSTOMS
PURPOSES -- BEFORE (RE)ENTERING THE U.S.
(SEE PARAGRAPH 9 BELOW
FOR FURTHER INSTRUCTIONS.):
A-XXX-YYY-ZZZ
A
--
ANTIDUMPING
XXX --
THE COUNTRY OF ORIGIN, AS DETERMINED BY CUSTOMS.
YYY --
THE CODE OF THE PRODUCT AS IT ENTERS THE U.S., I.E.,
REFLECTING ANY FURTHER PROCESSING DONE.
FOR THESE
"THIRDCOUNTRY" PRODUCTS,
"107" WILL ALWAYS INDICATE COLD-ROLLED CARBON STEEL,
"108" WILL ALWAYS INDICATE CORROSION-RESISTANT CARBON
STEEL,AND
"109" WILL ALWAYS INDICATE CUT-TO-LENGTH CARBON STEEL
PLATE.
ZZZ -- THE UNIQUE COMPANY CODE WHICH CORRESPONDS TO THE COMPANY
THAT SUBSTANTIALLY TRANSFORMED THAT PRODUCT.
7.
THEREFORE, CUSTOMS SHALL CONTINUE TO SUSPEND LIQUIDATION OF
ALL CARBON STEEL FLAT PRODUCTS THAT ARE GALVANIZED OR COATED WITH
ANOTHER CORROSION-RESISTANT METAL OR ALLOY IN AUSTRALIA, CANADA,
OR JAPAN, REGARDLESS OF ITS CUSTOMS COUNTRY OF ORIGIN, THAT IS
ENTERED, OR WITHDRAWN FORM WAREHOUSE, FOR CONSUMPTION, ON OR
AFTER FEBRUARY 4, 1993, AND SHALL REQUIRE A CASH DEPOSIT EQUAL TO
THE ESTIMATED FINAL MARGINS LISTED BELOW:
CUSTOMS COUNTRY OF ORIGIN
MANUFACTURER/PRODUCER
CUSTOMS ID
MARGIN PERCENTAGE
EXPORTER
NUMBER
ARGENTINA
DOFASCO INC. (CANADA)
A-357-108-001
10.89
STELCO INC. (CANADA)
A-357-108-003
28.27
ALL OTHERS (CANADA)
A-357-108-020
22.29
AUSTRALIA
DOFASCO INC. (CANADA)
A-602-108-001
10.89
STELCO INC. (CANADA)
A-602-108-003
28.27
ALL OTHERS (CANADA)
A-602-108-020
22.29
AUSTRIA
DOFASCOINC. (CANADA)
A-433-108-001
10.89
STELCOINC. (CANADA)
A-433-108-003
28.27
ALLOTHERS (CANADA)
A-433-108-020
22.29
BELGIUM
DOFASCO INC. (CANADA)
A-423-108-001
10.89
STELCO INC. (CANADA)
A-423-108-003
28.27
ALL OTHERS (CANADA)
A-423-108-020
22.29
BRAZIL
DOFASCO INC. (CANADA)
A-351-108-001
10.89
STELCO INC. (CANADA)
A-351-108-003
28.27
ALL OTHERS (CANADA)
A-351-108-020
22.29
FINLAND
DOFASCOINC. (CANADA)
A-405-108-001
10.89
STELCOINC.(CANADA)
A-405-108-003
28.27
ALLOTHERS (CANADA)
A-405-108-020
22.29
FRANCE
DOFASCO INC. (CANADA)
A-427-108-001
10.89
STELCO INC. (CANADA)
A-427-108-003
28.27
ALL OTHERS (CANADA)
A-427-108-020
22.29
GERMANY
DOFASCO INC. (CANADA)
A-428-108-001
10.89
STELCO INC. (CANADA)
A-428-108-003
28.27
ALL OTHERS (CANADA)
A-428-108-020
22.29
ITALY
DOFASCO INC. (CANADA)
A-475-108-001
10.89
STELCO INC. (CANADA)
A-475-108-003
28.27
ALL OTHERS (CANADA)
A-475-108-020
22.29
JAPAN
DOFASCO INC. (CANADA)
A-588-108-001
10.89
STELCO INC. (CANADA)
A-588-108-003
28.27
ALL OTHERS (CANADA)
A-588-108-020
22.29
KOREA, REPUBLIC OF
DOFASCO INC. (CANADA)
A-580-108-001
10.89
STELCO INC. (CANADA)
A-580-108-003
28.27
ALL OTHERS (CANADA)
A-580-108-020
22.29
MEXICO
DOFASCO INC. (CANADA)
A-201-108-001
10.89
STELCO INC. (CANADA)
A-201-108-003
28.27
ALL OTHERS (CANADA)
A-201-108-020
22.29
NETHERLANDS
DOFASCO INC.(CANADA)
A-421-108-001
10.89
STELCO INC. (CANADA)
A-421-108-003
28.27
ALL OTHERS (CANADA)
A-421-108-020
22.29
NEW ZEALAND
DOFASCO INC.(CANADA)
A-614-108-001
10.89
STELCO INC. (CANADA)
A-614-108-003
28.27
ALL OTHERS (CANADA)
A-614-108-020
22.29
POLAND
DOFASCO INC. (CANADA)
A-455-108-001
10.89
STELCO INC. (CANADA)
A-455-108-003
28.27
ALL OTHERS (CANADA)
A-455-108-020
22.29
ROMANIA
DOFASCO INC. (CANADA)
A-485-108-001
10.89
STELCO INC. (CANADA)
A-485-108-003
28.27
ALL OTHERS (CANADA)
A-485-108-020
22.29
SPAIN
DOFASCO INC. (CANADA)
A-470-108-001
10.89
STELCO INC. (CANADA)
A-470-108-003
28.27
ALL OTHERS (CANADA)
A-470-108-020
22.29
SWEDEN
DOFASCO INC. (CANADA)
A-401-108-001
10.89
STELCO INC. (CANADA)
A-401-108-003
28.27
ALL OTHERS (CANADA)
A-401-108-020
22.29
UNITED KINGDOM
DOFASCO INC. (CANADA)
A-412-108-001
10.89
STELCO INC. (CANADA)
A-412-108-003
28.27
ALL OTHERS (CANADA)
A-412-108-020
22.29
UNITED STATES
DOFASCO INC. (CANADA)
A-100-108-001
10.89
STELCO INC. (CANADA)
A-100-108-003
28.27
ALL OTHERS (CANADA)
A-100-108-020
22.29
NOTE:
THE PRECEDING LIST IS NOT EXHAUSTIVE.
SHOULD A CUSTOMS
OFFICER PROCESS AN ENTRY FOR A COMBINATION NOT LISTED ABOVE, OR
IF THERE ANY OTHER QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE TRADE COMPLIANCE DIVISION,
ANTIDUMPING/COUNTERVAILING DUTY BRANCH, VIA E-MAIL USING
ATTRIBUTE "HQ OAB."
OTHER INTERESTED PARTIES SHOULD CONTACT
EDWARD YANG OR RICHARD WEIBLE, OFFICE OF AGREEMENTS COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-3793.
8.
IN GENERAL, THE DEPOSIT RATE REQUIRED ON EACH ENTRY WILL BE
THAT ASSIGNED TO THE MANUFACTURER OF THE FLAT-ROLLED STEEL
PRODUCT.
FOR AN ENTRY TO BE ACCEPTED, THE NAME OF THE
MANUFACTURER MUST BE CLEARLY IDENTIFIED.
9.
IN THE EVEN TTHAT THE EXPORTER IS NOT THE MANUFACTURER
(E.G.,THE EXPORTER IS A RESELLER, TRADING COMPANY, OR STEEL
SERVICE CENTER), THESE INSTRUCTIONS SHOULD BE FOLLOWED:
A)
IF THE EXPORTER AND THE MANUFACTURER ARE IN THE SAME COUNTRY,
AND THAT COUNTRY IS SUBJECT TO THESE ORDERS, THE PROCEDURE SHOULD
BE AS FOLLOWS:
1) IF THE UNRELATED EXPORTER PERFORMS NO FURTHER PROCESSING
BUT SIMPLY RESELLS THE FLAT-ROLLED STEEL PRODUCT WHICH IT
PURCHASED FROM THE MANUFACTURER, THE DEPOSIT REQUIRED WILL
BE EQUAL TO THAT OF THE MANUFACTURER, OR THE "ALL OTHERS"
RATE IF THE MANUFACTURER HAS NO RATE ASSIGNED SPECIFICALLY
TO IT.
2) IF THE THE UNRELATED EXPORTER FURTHER PROCESSES THE
FLAT-ROLLED STEEL PRODUCT, BUT DOES NOT TRANSFORM IT INTO A
CLASS OR KIND OF MERCHANDISE DIFFERENT FROM THAT PURCHASED
FROM THE MANUFACTURER -- E.G., IF AN EXPORTER
PURCHASES A
FOUR-FOOT WIDE COIL OF CORROSION-RESISTANT CARBON STEEL AND
SLITS IT INTO FOUR, ONE-FOOT WIDE COILS OF
CORROSION-RESISTANT CARBON STEEL -- THE DEPOSIT REQUIRED
WILL BE EQUAL TO THAT OF THE MANUFACTURER, OR THE "ALL
OTHERS" RATE IF THE MANUFACTURER HAS NO RATE ASSIGNED
SPECIFICALLY TO IT.
3) IF THE UNRELATED EXPORTER FURTHER PROCESSES THE
FLAT-ROLLED STEEL PRODUCT, THUS TRANSFORMING IT INTO A
CLASS OR KIND OF MERCHANDISE DIFFERENT FROM THAT PURCHASED
FROM THE MANUFACTURER -- E.G., IF AN EXPORTER PURCHASES A
COIL OF HOT-ROLLED CARBON STEEL AND GALVANIZES IT -- THE
DEPOSIT REQUIRED WILL BE EQUAL TO THAT OF THE EXPORTER OF
THE NEW PRODUCT, OR THE "ALL OTHERS" RATE IF THE EXPORTER
HAS NO RATE ASSIGNED SPECIFICALLY TO IT FOR THIS NEW
PRODUCT.
NOTE:
IN THE EVENT THAT THE EXPORTER IS RELATED TO THE
MANUFACTURER, THEN A DEPOSIT EQUAL TO THE RATE ASSIGNED TO
THE MANUFACTURER WILL BE REQUIRED.
THE CORRECT RATE WILL BE
THAT FOR THE CLASS OR KIND TO WHICH THE PRODUCT BELONGS AT
THE TIME THAT IT IS ENTERED, OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION.
IF THE EXPORTER HAS FURTHER PROCESSED THE
FLAT-ROLLED STEEL PRODUCT, THUS TRANSFORMING IT INTO A CLASS
OR KIND OF MERCHANDISE DIFFERENT FROM THAT PURCHASED FROM
THE MANUFACTURER, AND IF THE MANUFACTURER HAS NO RATE
ASSIGNED SPECIFICALLY TO IT FOR THIS NEW PRODUCT, THE "ALL
OTHERS" RATE WILL APPLY.
B.
IF THE EXPORTER IS IN ONE SUBJECT COUNTRY AND THE
MANUFACTURER IS IN A DIFFERENT SUBJECT COUNTRY, THE PROCEDURE
SHOULD BE AS FOLLOWS:
1) IF THE EXPORTER PERFORMS NO FURTHER PROCESSING BUT SIMPLY
RESELLS THE FLAT-ROLLED STEEL PRODUCT WHICH IT PURCHASED
FROM THE MANUFACTURER, THE DEPOSIT REQUIRED WILL BE EQUAL
TO THAT OF THE MANUFACTURER IN THE COUNTRY OF MANUFACTURE,
OR THE "ALL OTHERS" RATE IF THE MANUFACTURER HAS NO RATE
ASSIGNED SPECIFICALLY TO IT.
2) IF THE EXPORTER FURTHER PROCESSES THE FLAT-ROLLED STEEL
PRODUCT, BUT DOES NOT TRANSFORM IT INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT PURCHASED FROM THE
MANUFACTURER -- E.G., IF AN EXPORTER PURCHASES A FOUR-FOOT
WIDE COIL OF CORROSION-RESISTANT CARBON STEEL AND SLITS IT
INTO FOUR, ONE-FOOT WIDE COILS OF CORROSION-RESISTANT CARBON
STEEL -- THE DEPOSIT REQUIRED WILL BE EQUAL TO THAT OF THE
MANUFACTURER IN THE COUNTRY OF MANUFACTURE, OR THE "ALL
OTHERS" RATE IF THE MANUFACTURER HAS NO RATE ASSIGNED
SPECIFICALLY TO IT.
3) IF THE EXPORTER FURTHER PROCESSES THE FLAT-ROLLED STEEL
PRODUCT, THUS TRANSFORMING IT INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT PURCHASED FROM THE
MANUFACTURER -- E.G., IF AN EXPORTER PURCHASES A COIL OF
HOT-ROLLED STEEL AND GALVANIZES IT -- THE DEPOSIT REQUIRED
WILL BE EQUAL TO THAT OF THE EXPORTER OF THE NEW PRODUCT, OR
THE "ALL OTHERS" RATE IF THE EXPORTER HAS NO RATE ASSIGNED
SPECIFICALLY TO IT FOR THIS NEW PRODUCT.
C)
IF THE EXPORTER IS IN A COUNTRY SUBJECT TO THESE ORDERS, BUT
THE MANUFACTURER IS NOT, THE PROCEDURE SHOULD BE AS FOLLOWS:
1) IF THE EXPORTER IN A COUNTRY SUBJECT TO THESE ORDERS
PERFORMS NO FURTHER PROCESSING BUT SIMPLY RESELLS THE
FLAT-ROLLED STEEL PRODUCT WHICH IT PURCHASED FROM THE
MANUFACTURER IN A COUNTRY NOT SUBJECT TO THESE ORDERS
(INCLUDING THE U.S.), NO DEPOSIT AND NO SUSPENSION WILL BE
REQUIRED.
2) IF THE EXPORTER IN A COUNTRY SUBJECT TO THESE ORDERS
FURTHER PROCESSES THE FLAT-ROLLED STEEL PRODUCT, BUT DOES
NOT TRANSFORM IT INTO A CLASS OR KIND OF MERCHANDISE
DIFFERENT FROM THAT PURCHASED FROM THE MANUFACTURER IN A
COUNTRY NOT SUBJECT TO THESE ORDERS (INCLUDING THE U.S.)--
E.G., IF AN EXPORTER PURCHASES A FOUR-FOOT WIDE COIL OF
CORROSION-RESISTANT CARBON STEEL AND SLITS IT INTO FOUR,
ONE-FOOT WIDE COILS OF CORROSION-RESISTANT CARBON STEEL --
NO DEPOSIT AND NO SUSPENSION WILL BE REQUIRED.
3) IF THE EXPORTER IN A COUNTRY SUBJECT TO THESE ORDERS
FURTHER PROCESSES THE FLAT-ROLLED STEEL
PRODUCT, THUS
TRANSFORMING IT INTO A CLASS OR KIND OF MERCHANDISE
DIFFERENT FROM THAT PURCHASED FROM THE MANUFACTURER IN A
COUNTRY NOT SUBJECT TO THESE ORDERS (INCLUDING THE U.S.) --
E.G., IF AN EXPORTER PURCHASES A COIL OF HOT-ROLLED STEEL
AND GALVANIZES IT--THE DEPOSIT REQUIRED WILL BE EQUAL TO
THAT OF THE EXPORTER OF THE NEW PRODUCT, OR THE "ALL
OTHERS" RATE IF THE EXPORTER HAS NO RATE ASSIGNED
SPECIFICALLY TO IT FOR THIS NEW PRODUCT.
D)
IF THE EXPORTER IS NOT IN A COUNTRY SUBJECT TO THESE ORDERS,
BUT THE MANUFACTURER IS, THE PROCEDURE SHOULD BE AS FOLLOWS:
1) IF THE EXPORTER PERFORMS NO FURTHER PROCESSING BUT SIMPLY
RESELLS THE FLAT-ROLLED STEEL PRODUCT WHICH IT PURCHASED
FROM THE MANUFACTURER, THE DEPOSIT REQUIRED WILL BE EQUAL TO
THAT OF THE MANUFACTURER IN THE COUNTRY OF MANUFACTURE, OR
THE "ALL OTHERS" RATE IF THE MANUFACTURER HAS NO RATE
ASSIGNED SPECIFICALLY TO IT.
2) IF THE EXPORTER FURTHER PROCESSES THE FLAT-ROLLED STEEL
PRODUCT, BUT DOES NOT TRANSFORM IT INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT PURCHASED FROM THE
MANUFACTURER -- E.G., IF AN EXPORTER PURCHASES A FOUR-FOOT
WIDE COIL OF CORROSION-RESISTANT CARBON STEEL AND SLITS IT
INTO FOUR, ONE-FOOT WIDE COILS OF CORROSION-RESISTANT CARBON
STEEL -- THE DEPOSIT REQUIRED WILL BE EQUAL TO THAT OF THE
MANUFACTURER IN THE COUNTRY OF MANUFACTURE, OR THE "ALL
OTHERS" RATE IF THE MANUFACTURER HAS NO RATE ASSIGNED
SPECIFICALLY TO IT.
3) IF THE EXPORTER FURTHER PROCESSES THE FLAT-ROLLED STEEL
PRODUCT, THUS TRANSFORMING IT INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT PURCHASED FROM THE
MANUFACTURER --E.G., IF AN EXPORTER PURCHASES A COIL OF
HOT-ROLLED STEEL AND GALVANIZES IT--NO DEPOSIT AND NO
SUSPENSION WILL BE REQUIRED.
10. IF MERCHANDISE ENTERED UNDER 9802.00.60 (AMERICAN GOODS
RETURNED), HAS BEEN TRANSFORMED INTO A CLASS OR KIND OF
MERCHANDISE SUBJECT TO THESE ORDERS IN A COUNTRY SUBJECT TO THESE
ORDERS, A DEPOSIT ON THE FULL VALUE OF THE PRODUCT WILL BE
REQUIRED.
THIS DEPOSIT WILL BE EQUAL TO THE FOREIGN
MANUFACTURER'S ASSIGNED RATE, OR THE "ALL OTHERS" RATE IF THE
MANUFACTURER HAS NO RATE ASSIGNED SPECIFICALLY TO IT FOR THIS NEW
PRODUCT.
11.
FOR THE PURPOSES OF ANTIDUMPING AND COUNTERVAILING DUTIES,
GALVANIZING CONSTITUTES SUBSTANTIAL TRANSFORMATION (E.G., U.S.
ORIGIN STEEL PLATE GALVANIZED IN ANOTHER COUNTRY IS SUBJECT TO
THE AD VALOREM CASH DEPOSIT FORCORROSION-RESISTANT STEEL FROM THE
SUBJECT COUNTRY).
12.
MERCHANDISE IS "TOLLED" WHEN THE ORIGINAL MANUFACTURER HAS
THE MERCHANDISE FURTHER PROCESSED BY ANOTHER COMPANY WHILE
RETAINING TITLE TO, OR OWNERSHIP OF, THE MERCHANDISE.
U.S.
ORIGIN MERCHANDISE WHICH IS TOLLED IN A COUNTRY SUBJECT TO THESE
ORDERS WILL BE TREATED IN THE FOLLOWING MANNER:
A) FOR U.S. ORIGIN MERCHANDISE WHICH IS TOLLED IN A COUNTRY
SUBJECT TO THESE ORDERS, BUT FOR WHICH THE TOLLING PROCESS
DOES NOT TRANSFORM THE PRODUCT INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT RECEIVED FROM THE U.S.
MANUFACTURER --E.G., IF A FOREIGN "TOLLER" IMPORTS A
FOUR-FOOT WIDE COIL OF CORROSION-RESISTANT CARBON STEEL
FROM THE U.S. AND SLITS IT INTO FOUR, ONE-FOOT WIDE COILS
OF CORROSION-RESISTANT CARBON STEEL -- NO DEPOSIT AND NO
SUSPENSION WILL BE REQUIRED.
B) FOR U.S. ORIGIN MERCHANDISE WHICH IS TOLLED IN ACOUNTRY
SUBJECT TO THESE ORDERS AND FOR WHICH THE TOLLING PROCESS
DOES TRANSFORM THE MERCHANDISE INTO A CLASS OR KIND OF
MERCHANDISE DIFFERENT FROM THAT RECEIVED FROM THE U.S.
MANUFACTURER --E.G., IF A FOREIGN "TOLLER" IMPORTS FROM THE
U.S. A COIL OF HOT-ROLLED STEEL AND GALVANIZES IT -- THE
DEPOSIT REQUIRED WILL BE ON THE FULL VALUE OF THE NEW
PRODUCT AND WILL BE EQUAL TO THAT OF THE "TOLLER" OF THE
NEW PRODUCT, OR THE "ALL OTHERS" RATE IF THE "TOLLER" HAS
NO
RATE ASSIGNED SPECIFICALLY TO IT FOR THIS NEW PRODUCT.
13.
IN THE CASE OF CORROSION-RESISTANT SUBJECT MERCHANDISE FROM
DNN, A CANADIAN GALVANIZER OF STEEL PRODUCTS WHICH IS RELATED TO
DOFASCO, A DEPOSIT IS REQUIRED EQUAL TO DOFASCO'S ESTIMATED
MARGIN OF DUMPING, 10.89 PERCENT, ON THE FULL VALUE OF DNN
MERCHANDISE.
14. IN THE CASE OF CORROSION-RESISTANT SUBJECT MERCHANDISE FROM
SOREVCO, INC., A RELATED PARTY TO DOFASCO, A DEPOSIT IS REQUIRED
EQUAL TO DOFASCO'S ESTIMATED MARGIN OF DUMPING, 10.89 PERCENT, ON
THE FULL VALUE OF SOREVCO MERCHANDISE.
15.
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/COUNTERVAILING DUTY BRANCH
USING ATTRIBUTE "HQ OAB."
OTHER INTERESTED PARTIES SHOULD
CONTACT EDWARD YANG OR RICHARD WEIBLE, OFFICE OF AGREEMENTS
COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202) 482-3793.
16.
THERE ARE NO RESTICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN