MESSAGE NO: 4110112
DATE: 04 20 1994
CATEGORY: ADA
TYPE: ORD
REFERENCE: 3232113
REFERENCE DATE: 08 20 1993
CASES:
A - 427 - 808
A - 428 - 815
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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 ORDERS ON CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT
PRODUCTS FROM VARIOUS COUNTRIES
1.
THIS IS A CLARIFICATION OF E-MAIL MESSAGE 3232113 DATED
08/20/93.
PARAGRAPHS 5-13 ARE FOR CLARIFICATION PURPOSES.
THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ON
AUGUST 19, 1993, NOTICES OF ITS ANTIDUMPING DUTY ORDERS AND
AMENDMENTS TO FINAL DETERMINATIONS OF SALES AT LESS THAN FAIR
VALUE OF CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS,
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS 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 OF A THICKNESS 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 INVESTIGATIONS 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 INVESTIGATIONS ARE FLAT-ROLLED STEEL PRODUCTS
EITHER PLATED OR COATED WITH TIN, LEAD, CHROMIUM, CHROMIUM
OXIDES, BOTH TIN AND LEAD ("TERNE PLATE"), OR
BOTH CHROMIUM AND
CHROMIUM OXIDES ("TIN-FREE STEEL"), WHETHER OR NOT PAINTED,
VARNISHED OR COATED WITH PLASTICS OR OTHER NONMETALLIC SUBSTANCES
IN ADDITION TO THE METALLIC COATING.
ALSO EXCLUDED FROM THESE
INVESTIGATIONS ARE 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.
ALSO
EXCLUDED FORM THESE INVESTIGATIONS 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%
RATIO.
ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THESE
PROCEEDINGS IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATIONS NUMBERS:
FRANCE
A-427-808
GERMANY
A-428-815
4.
THE INTERNATIONAL TRADE COMMISSION (ITC) NOTIFIED THE
DEPARTMENT THAT IMPORTS OF CERTAIN CORROSION-RESISTANT CARBON
STEEL FLAT PRODUCTS FROM FRANCE AND GERMANY MATERIALLY INJURE THE
U.S. INDUSTRY.
THEREFORE, THE CUSTOMS SERVICE SHALL CONTINUE TO
SUSPEND LIQUIDATION OF ALL EXPORTS OF CERTAIN CORROSION-RESISTANT
CARBON STEEL FLAT PRODUCTS FROM FRANCE AND GERMANY, 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
NUMBER
PERCENTAGE
FRANCE
USINOR
A-427-808-001
39.40
ALL OTHERS
A-427-808-000
39.40
GERMANY
THYSSEN
A-428-815-003
4.18
ALL OTHERS
A-428-815-000
4.18
5.
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 RESELLER PURCHASES A COIL OF
HOT-ROLLED CARBON STEEL AND GALVANIZES IT, THE DEPARTMENT 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 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.
6. 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 FRANCE AND GERMANY,
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:
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS - ANTIDUMPING
CUSTOMS COUNTRY OF ORIGIN
MANUFACTURER/PRODUCER
CUSTOMS ID
MARGIN
EXPORTER
NUMBER
PERCENTAGE
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
DOFASCO INC. (CANADA)
A-433-108-001
10.89
STELCO INC. (CANADA)
A-433-108-003
28.27
ALL OTHERS (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
DOFASCO INC. (CANADA)
A-405-108-001
10.89
STELCO INC.(CANADA)
A-405-108-003
28.27
ALL OTHERS (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 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.
7.
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.
8.
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 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.
9. 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.
10.
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).
11.
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 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 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.
12.
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.
13.
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.
14.
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
ORRICHARD WEIBLE, OFFICE OF AGREEMENTS COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE AT (202) 482-3793.
15.
THERE ARE NO RESTICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN