MESSAGE NO: 4129112
DATE: 05 09 1994
CATEGORY: ADA
TYPE: INF
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 823
A - 201 - 809
A - 351 - 817
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PERIOD COVERED:
03 25 1994
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TRADE COMPLIANCE DIVISION
RE: NEW MARGINS FOR IPSCO IN THE ANTIDUMPING DUTY CASES FOR
CUT-TO-LENGTH CARBON STEEL PLATE PROCESSED IN THIRD
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.
ON MARCH 25, 1994, THE DEPARTMENT ISSUED A CORRECTED
ESTIMATED FINAL MARGIN FOR A CANADIAN RESPONDENT, IPSCO.
PARAGRAPHS 4 AND 6 SHOW THIS NEW ESTIMATED FINAL MARGIN.
THE
REMAINING PARAGRAPHS ARE UNALTERED.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
ORDERS 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 150MILLIMETERS AND MEASURES AT LEAST
TWICE THE THICKNESS, AS CURRENTLY CLASSIFIABLE IN THE HTS UNDER
ITEM NUMBERS 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
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 IS GRADE X-70 PLATE.
ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
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:
BRAZIL
A-351-817
CANADA
A-122-823
MEXICO
A-201-809
4.
ON AUGUST 9, 1993, THE ITC NOTIFIED THE DEPARTMENT THAT
IMPORTS OF CUT-TO-LENGTH CARBON STEEL PLATE FROMBRAZIL, CANADA,
AND MEXICO MATERIALLY INJURE THEU.S. INDUSTRY.
SEVERAL PARTIES
TO THE CANADA CASE HAVE ALLEGED THAT THE DEPARTMENT'S FINAL
DETERMINATIONS CONTAINED MINISTRIAL 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 ANY OTHER MINISTERIAL ERRORS AT
THIS TIME.
THEREFORE, THE U.S. CUSTOMS SERVICE (CUSTOMS) SHALL
CONTINUE TO SUSPEND LIQUIDATION OF ALL CUT-TO-LENGTH CARBON STEEL
PLATE FROM CANADA, AS WELL AS FROM BRAZIL AND MEXICO, THAT IS
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, ON OR
AFTER FEBRUARY 4, 1993, AND SHALL REQUIRE A CASH DEPOSIT EQUAL TO
THE ESTIMATED FINAL MARGINS LISTED BELOW:
MANUFACTURER/PRODUCER
CUSTOMS ID
MARGIN PERCENTAGE
EXPORTER
NUMBER
BRAZIL
COSIPA
A-351-817-001
109.00
USIMINAS
A-351-817-002
42.08
ALL OTHERS (BRAZIL)
A-351-817-000
75.54
CANADA
IPSCO
A-122-823-002
1.69
STELCO INC.
A-122-823-003
68.70
ALL OTHERS (CANADA)
A-122-823-000
61.95
MEXICO
AHMSA
A-201-809-003
49.25
ALL OTHERS (MEXICO)
A-201-809-000
49.25
5.
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
FURTHERPROCESSING TAKESPLACE.
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 COIL OF STEEL OF A THICKNESS OF4.75
MILLIMETERS OR MORE IS PRODUCED IN ONE COUNTRY, AND IS CUT TO
LENGTH IN ANOTHER, THE DOC 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
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 "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
THE UNIQUE COMPANY CODE WHICH CORRESPONDS TO THE COMPANY
THAT SUBSTANTIALLY TRANSFORMED THAT PRODUCT.
6.
CUSTOMS SHALL CONTINUE TO SUSPEND LIQUIDATION OF ALL CARBON
STEELPLATE THAT IS CUT TO LENGTH IN BRAZIL, CANADA, AND MEXICO,
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 PERCENTAGE
EXPORTER
NUMBER
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
ALLOTHERS (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 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 ORRICHARD 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, 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 OT 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 OFTHE 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, 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.
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.
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.
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 TREATEDIN 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 WIDEPLATES --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.
12.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE REGIONAL
ANTIDUMPING/COUNTERVAILING 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.
13.
THERE ARE NO RESTICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN