MESSAGE NO: 4110111
DATE: 04 20 1994
CATEGORY: ADA
TYPE: ORD
REFERENCE: 3231112
REFERENCE DATE: 08 19 1993
CASES:
A - 428 - 816
A - 455 - 802
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PERIOD COVERED:
04 20 1994
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: CLARIFICATION OF ANTIDUMPING DUTY ORDER ON CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE FROM VARIOUS
COUNTRIES
1.
THIS IS A CLARIFICATION OF E-MAIL MESSAGE 3231112 DATED
08/19/93.
PARAGRAPHS 6-12 ARE FOR CLARIFICATION PURPOSES.
2.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON AUGUST 19, 1993, THE NOTICES OF ITS ANTIDUMPING DUTY ORDERS
AND AMENDMENTS TO FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR
VALUE OF CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM VARIOUS
COUNTRIES.
3.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS IS CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCTS.
THESE PRODUCTS INCLUDE HOT-ROLLED CARBON STEEL
UNIVERSAL MILL PLATES (I.E., FLAT-ROLLED PRODUCTS ROLLED ON FOUR
FACES OR IN A CLOSED BOX PASS, OF A WIDTH EXCEEDING 150
MILLIMETERS BUT NOT EXCEEDING 1,250 MILLIMETERS AND OF A
THICKNESS OF NOT LESS THAN 4 MILLIMETERS, NOT IN COILS AND
WITHOUT PATTERNS IN RELIEF), OF RECTANGULAR SHAPE, NEITHER CLAD,
PLATED NOR COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED,
OR COATED
WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES; AND
CERTAIN HOT-ROLLED CARBON STEEL FLAT-ROLLED
PRODUCTS IN STRAIGHT
LENGTHS, OF RECTANGULAR SHAPE, HOT ROLLED, NEITHER
CLAD, PLATED,
NOR COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED, OR
COATED WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES, 4.75
MILLIMETERS OR MORE IN THICKNESS AND OF A WIDTH WHICH EXCEEDS 150
MILLIMETERS AND MEASURES AT LEAST TWICE THE THICKNESS, AS
CURRENTLY CLASSIFIABLE IN THE HTSUS UNDER SUBHEADINGS:
7208.31.0000, 7208.32.0000, 7208.33.1000, 7208.33.5000,
7208.41.0000, 7208.42.0000, 7208.43.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.11.0000, 7211.12.0000,
7211.21.0000, 7211.22.0045, 7211.90.0000, 7212.40.1000,
7212.40.5000, AND 7212.50.0000.
INCLUDED IN THESE INVESTIGATIONS ARE FLAT-ROLLED PRODUCTS OF
NONRECTANGULAR CROSS-SECTION WHERE SUCH CROSS-SECTION IS ACHIEVED
SUBSEQUEST 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
INVESTIGATIONS IS GRADE X-70 PLATE.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.
4.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATIONS NUMBERS:
GERMANY
A-428-816
POLAND
A-455-802
5.
THE U.S. INTERNATIONAL TRADE COMMISSION (ITC) DETERMINED THAT
CRITICAL CIRCUMSTANCES DO NOT EXIST WITH RESPECT TO ANY SUBJECT
IMPORTS FROM POLAND
AS A RESULT OF THE COMMISSION'S NEGATIVE CRITICAL CIRCUMSTANCES
DETERMINATION, THE CUSTOMS SERVICE WILL REFUND ALL CASH DEPOSITS
AND RELEASE ALL BONDS COLLECTED ON CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM POLAND ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER NOVEMBER 6, 1992 AND BEFORE FEBRUARY 4,
1993.
THE ITC NOTIFIED THE DEPARTMENT THAT IMPORTS OF CERTAIN
CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS FROM GERMANY AND POLAND
MATERIALLY INJURE THE U.S. INDUSTRY.
THEREFORE, THE CUSTOMS
SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF ALL IMPORTS OF
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE PRODUCTS FROM GERMANY
AND POLAND THAT ARE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER FEBRUARY 4, 1993, AND SHALL REQUIRE A
CASH DEPOSIT EQUAL TO THE ESTIMATED MARGIN PERCENTAGES LISTED
BELOW:
MFR/PROD
CUSTOMS ID
MARGIN
EXPORTER
NO
PERCENTAGE
GERMANY
DILLINGER
A-428-816-004
36.00
ALL OTHERS
A-428-816-000
36.00
POLAND
STALEXPORT
A-455-802-001
61.98
ALL OTHERS
A-455-802-000
61.98
6.
FOR DEPARTMENT 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 DEPARTMENT 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 DEPARTMENT ALWAYS
CONSIDERS A SUBSTANTIAL TRANSFORMATION, IS NOT ALWAYS CONSIDERED
A SUBSTANTIAL TRANSFORMATION BY CUSTOMS.
THEREFORE, THE
DEPARTMENT AND CUSTOMS COULD HAVE TWO DIFFERENT COUNTRY OF ORIGIN
DESIGNATIONS.
(FOR EXAMPLE, IF A COIL OF STEEL OF A THICKNESS OF
4.75 MILLIMETERS OR MORE IS PRODUCED IN ONE COUNTRY, AND IS CUT
TO LENGTH IN ANOTHER, THE DEPARTMENT WOULD CONSIDER THAT A
SUBSTANTIAL TRANSFORMATION FOR ANTIDUMPING PURPOSES, BUT CUSTOMS
WOULD 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 8 BELOW
FOR FURTHER INSTRUCTIONS.):
A-XXX-YYY-ZZZ
A EQUALS
ANTIDUMPING
XXX EQUALS THE COUNTRY OF ORIGIN, AS DETERMINED BY CUSTOMS.
YYY EQUALS THE CODE OF THE PRODUCT AS IT ENTERS THE U.S., I.E.,
REFLECTING ANY FURTHER PROCESSING DONE.
FOR THESE
"THIRD COUNTRY" 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 EQUALS THE UNIQUE COMPANY CODE WHICH CORRESPONDS TO THE
COMPANY THAT SUBSTANTIALLY TRANSFORMED THAT PRODUCT.
7.
CUSTOMS SHALL CONTINUE TO SUSPEND LIQUIDATION OF ALL CARBON
STEEL PLATE THAT IS CUT TO LENGTH IN GERMANY AND POLAND,
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:
CARBON STEEL CUT-TO-LENGTH PLATE - ANTIDUMPING
CUSTOMS COUNTRY OF ORIGIN
MANUFACTURER/PRODUCER
CUSTOMS ID
MARGIN
EXPORTER
NUMBER
PERCENTAGE
ARGENTINA
IPSCO (CANADA)
A-357-109-002
1.69
STELCO INC. (CANADA)
A-357-109-003
68.70
ALL OTHERS (CANADA)
A-357-109-020
61.95
AHMSA (MEXICO)
A-357-109-021
49.25
ALL OTHERS (MEXICO)
A-357-109-040
49.25
AUSTRALIA
IPSCO (CANADA)
A-602-109-002
1.69
STELCO INC.(CANADA)
A-602-109-003
68.70
ALL OTHERS (CANADA)
A-602-109-020
61.95
AHMSA (MEXICO)
A-602-109-021
49.25
ALL OTHERS (MEXICO)
A-602-109-040
49.25
AUSTRIA
IPSCO (CANADA)
A-433-109-002
1.69
STELCO INC.(CANADA)
A-433-109-003
68.70
ALL OTHERS (CANADA)
A-433-109-020
61.95
AHMSA (MEXICO)
A-433-109-021
49.25
ALL OTHERS (CANADA)
A-433-109-040
49.25
BELGIUM
IPSCO (CANADA)
A-423-109-002
1.69
STELCO INC. (CANADA)
A-423-109-003
68.70
ALL OTHERS (CANADA)
A-423-109-020
61.95
AHMSA (MEXICO
A-423-109-021
49.25
ALL OTHERS (MEXICO)
A-423-109-040
49.25
BRAZIL
IPSCO (CANADA)
A-351-109-002
1.69
STELCO INC. (CANADA)
A-351-109-003
68.70
ALL OTHERS (CANADA)
A-351-109-020
61.95
AHMSA (CANADA)
A-351-109-021
49.25
ALL OTHERS (CANADA)
A-351-109-040
49.25
CANADA
AHMSA (MEXICO)
A-122-109-021
49.25
ALL OTHERS (MEXICO)
A-122-109-040
49.25
FINLAND
IPSCO (CANADA)
A-405-109-002
1.69
STELCO INC.(CANADA)
A-405-109-003
68.70
ALL OTHERS (CANADA)
A-405-109-040
61.95
AHMSA (MEXICO)
A-405-109-021
49.25
ALL OTHERS (MEXICO)
A-405-109-040
49.25
FRANCE
IPSCO (CANADA)
A-427-109-002
1.69
STELCO INC. (CANADA)
A-427-109-003
68.70
ALL OTHERS (CANADA)
A-427-109-020
61.95
AHMSA (MEXICO)
A-427-109-021
49.25
ALL OTHERS (MEXICO)
A-427-109-040
49.25
GERMANY
IPSCO (CANADA)
A-428-109-002
1.69
STELCO INC. (CANADA)
A-428-109-003
68.70
ALL OTHERS (CANADA)
A-428-109-020
61.95
AHMSA (MEXICO)
A-428-109-021
49.25
ALL OTHERS (MEXICO)
A-428-109-040
49.25
ITALY
IPSCO (CANADA)
A-475-109-002
1.69
STELCO INC.(CANADA)
A-475-109-003
68.70
ALL OTHERS (CANADA)
A-475-109-020
61.95
AHMSA (MEXICO)
A-475-109-021
49.25
ALL OTHERS (MEXICO)
A-475-109-040
49.25
JAPAN
IPSCO (CANADA)
A-588-109-002
1.69
STELCO INC. (CANADA)
A-588-109-003
68.70
ALL OTHERS (CANADA)
A-588-109-020
61.95
AHMSA (MEXICO)
A-588-109-021
49.25
ALL OTHERS (MEXICO)
A-588-109-040
49.25
KOREA, REPUBLIC OF
ISPCO (CANADA)
A-580-109-002
1.69
STELCO INC. (CANADA)
A-580-109-003
68.70
ALL OTHERS (CANADA)
A-580-109-020
61.95
AHMSA (MEXICO)
A-580-109-021
49.25
ALL OTHERS (MEXICO)
A-580-109-040
49.25
MEXICO
ISPCO (CANADA)
A-201-109-002
1.69
STELCO INC. (CANADA)
A-201-109-003
68.70
ALL OTHERS (CANADA)
A-201-109-020
61.95
NETHERLANDS
IPSCO (CANADA)
A-421-109-002
1.69
STELCO INC. (CANADA)
A-421-109-003
68.70
ALL OTHERS (CANADA)
A-421-109-020
61.95
AHMSA (MEXICO)
A-421-109-021
49.25
ALL OTHERS (MEXICO)
A-421-109-040
49.25
NEW ZEALAND
IPSCO (CANADA)
A-614-109-002
1.69
STELCO INC.(CANADA)
A-614-109-003
68.70
ALL OTHERS (CANADA)
A-614-109-020
61.95
AHMSA (MEXICO)
A-614-109-021
49.25
ALL OTHERS (MEXICO)
A-614-109-040
49.25
POLAND
ISPCO (CANADA)
A-455-109-002
1.69
STELCO INC.(CANADA)
A-455-109-003
68.70
ALL OTHERS (CANADA)
A-455-109-020
61.95
AHMSA (MEXICO)
A-455-109-021
49.25
ALL OTHERS (MEXICO)
A-455-109-040
49.25
ROMANIA
IPSCO (CANADA)
A-485-109-002
1.69
STELCO INC.(CANADA)
A-485-109-003
68.70
ALL OTHERS (CANADA)
A-485-109-020
61.95
AHMSA (MEXICO)
A-485-109-021
49.25
ALL OTHERS (MEXICO)
A-485-109-040
49.25
SPAIN
ISPCO (CANADA)
A-470-109-002
1.69
STELCO INC.(CANADA)
A-470-109-003
68.70
ALL OTHERS (CANADA)
A-470-109-020
61.95
AHMSA (MEXICO)
A-470-109-021
49.25
ALL OTHERS (MEXICO)
A-470-109-040
49.25
SWEDEN
ISPCO (CANADA)
A-401-109-002
1.69
STELCO INC.(CANADA)
A-401-109-003
68.70
ALL OTHERS (CANADA)
A-401-109-020
61.95
AHMSA (MEXICO)
A-401-109-021
49.25
ALL OTHERS (MEXICO)
A-401-109-040
49.25
UNITED KINGDOM
IPSCO (CANADA)
A-412-109-002
1.69
STELCO INC. (CANADA)
A-412-109-003
68.70
ALL OTHERS (CANADA)
A-412-109-020
61.95
AHMSA (MEXICO)
A-412-109-021
49.25
ALL OTHERS (MEXICO)
A-412-109-040
49.25
UNITED STATES
IPSCO (CANADA)
A-100-109-002
1.69
STELCO INC.(CANADA)
A-100-109-003
68.70
ALL OTHERS (CANADA)
A-100-109-020
61.95
AHMSA (MEXICO)
A-100-109-021
49.25
ALL OTHERS (MEXICO)
A-100-109-040
49.25
NOTE:
THE PRECEDING LIST IS NOT EXHAUSTIVE.
SHOULD A CUSTOMS OFFICER
PROCESS AN ENTRY FOR A COMBINATION NOT LISTED ABOVE, OR IF THERE
ARE ANY OTHER 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 E-MAIL
ATTRIBUTE "HQ OAB."
OTHER INTERESTED PARTIES SHOULD CONTACT
EDWARD YANG ORRICHARD 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 EVENT THAT 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, ONE-INCH THICK PLATE AND SLITS
IT INTO TWO, TWO-FOOT WIDE PLATES -- 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 STEEL OF A THICKNESS OF 4.75 MILLIMETERS OR MORE,
AND CUTS THE STEEL TO LENGTH -- 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, ONE-INCH THICK PLATE AND SLITS IT INTO TWO, TWO-FOOT
SIDE PLATES -- 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 OF A THICKNESS OF 4.75 MILLIMETERS OR MORE,
AND CUTS THE STEEL TO LENGTH -- 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, ONE-INCH
THICK PLATE AND SLITS IT INTO TWO, TWO-FOOT WIDE PLATES --
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 OF
A THICKNESS OF 4.75 MILLIMETERS OR MORE, AND CUTS THE STEEL
TO LENGTH -- THE DEPOSIT REQUIRED WILL BE EQUAL TO THAT OF
THE EXPORTER OF THENEW 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, ONE-INCH THICK PLATE AND SLITS IT INTO TWO, TWO-FOOT
WIDE PLATES -- 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 OF A THICKNESS OF 4.75 MILLIMETERS OR MORE,
AND CUTS THE STEEL TO LENGTH -- 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.
THE 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 FOR CORROSION-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, ONE-INCH THICK FROM THE U.S. AND SLITS THE
PLATE INTO TWO, TWO-FOOT WIDE PLATES -- NO DEPOSIT AND NO
SUSPENSION WILL BE REQUIRED.
B.
FOR U.S. ORIGIN MERCHANDISE WHICH IS TOLLED IN A COUNTRY
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 OF A THICKNESS OF 4.75
MILLIMETERS OR MORE, AND CUTS THE STEEL TO LENGTH -- 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.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING COORDINATOR, THE TRADE COMPLIANCE
DIVISION, ANTIDUMPING/COUNTERVAILING DUTY BRANCH USING E-MAIL
ATTRIBUTE "HQ OAB."
OTHER INTERESTED PARTIES SHOULD CONTACT
EDWARD YANG ORRICHARD WEIBLE, OFFICE OF AGREEMENTS COMPLIANCE,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-3793.
14.
THERE ARE NO RESTICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN