MESSAGE NO: 4299111 DATE: 10 26 1993
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 602 - 803 A - 588 - 826
A - 122 - 822 - -
- - - -

PERIOD COVERED: 08 19 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: ANTIDUMPING DUTY ORDERS AND AMENDMENTS TO FINAL
DETERMINATIONS FOR CERTAIN CORROSION-RESISTANT CARBON
STEEL FLAT RPODUCTS JAPAN, CANADA AND AUSTRALIA

1. ON JULY 9, 1993, THE DEPARTMENT OF COMMERCE (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
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 FLAT
PRODUCTS FROM JAPAN ON AUGUST 16, 1993.

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
COATEDWITH 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
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
CLADPLATE 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 INVESTIGATIONS.

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:

AUSTRALIA A-602-803 CANADA A-122-822
JAPAN A-588-826


4. 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 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, THE U.S. CUSTOMS SERVICE SHALL
CONTINUE TO SUSPEND LIQUIDATION OF ALL ENTRIES OF
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS FROM AUSTRALIA,
CANADA, AND JAPAN, AND SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE
WEIGHTED-AVERAGE FINAL ANTIDUMPING MARGINS LISTED BELOW:

MANUFACTURER\PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

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
KAWASAKI STEEL CORP. A-588-826-004 36.41
NIPPON STEEL CORP. A-588-826-002 36.41
ALL OTHERS A-588-826-000 36.41

5. IN GENERAL, THE DEPOSIT RATE REQUIRED ON EACH ENTRY WILL BE
THAT ASSIGNED TO THE MANUFACTURER OF THE FLAT-ROLLED STEEL
PRODUCT. FOR THE ENTRYTO BE ACCEPTED, THE NAME OF THE
MANUFACTURER MUST BE CLEARLY IDENTIFIED.

IN GENERAL, THE EVENT THAT THE EXPORTER IS A RESELLER, TRADING
COMPANY, OR STEEL SERVICE CENTER, THE FOLLOWINGINSTRUCTIONS
SHOULD BE FOLLOWED:

(1) IF THE RESELLER, ETC., SIMPLY RESELLS THE FLAT-ROLLED
PRODUCT, A DEPOSITEQUAL TO THE RATE ASSIGNED TO THE
MANUFACTURERWILL BE REQUIRED.


(2) IF THE RESELLER, ETC., DOES SOME FURTHER PROCESSING BUT
DOESNOT TRANSFORM THE FLAT-ROLLED STEEL PRODUCT INTO A CLASS OR
KIND OF MERCHANDISE DIFFERENT THAN THAT PURCHASED FROM THE
MANUFACTURER, A DEPOSIT EQUAL TO THE RATE ASSIGNED TO
THEMANUFACTURER WILL BE REQUIRED (E.G., IF A RESELLER PURCHASES A
FOUR-FOOT WIDE COIL OF CORROSION-RESISTANT STEEL AND SLITS IT
INTO FOUR ONE-FOOT WIDE COILS OF CORROSION-RESISTANT STEEL).

(3) IF THE RESELLLER, ETC., DOES FURTHER PROCESSING AND
CHANGESTHE PRODUCT INTO A DIFFERENT CLASS OR KIND OF MERCHANDISE,
A DEPOSIT EQUAL TO THE "ALL OTHERS" RATE FOR THE NEW CLASS OR
KINDWILL BE REQUIRED (E.G., IF A RESELLER PURCHASES A COIL OF
HOT-ROLLED STEEL AND GALVANIZES IT, THE "ALL OTHERS" RATE FOR
CORROSION-RESISTANT STEEL WILL APPLY.)

(4) IF THE RESELLER, ETC., IS RELATED TO THEMANUFACTURER OF
THESUBJECT MERCHANDISE, A DEPOSIT EQUAL TO THE RATE ASSIGNED TO
THE MANUFACTURER WILL BEREQUIRED.

6. IF MERCHANDISE ENTERED UNDER 9802.00.60 (AMERICAN GOODS
RETURNED), IF THE PRODUCT HAS BEEN TRANSFORMED INTO A CLASS OR
KIND OF MERCHANDISE SUBJECT TO THIS INVESTIGATIONIN A COUNTRY
SUBJECT TO INVESTIGATION, A DEPOSIT EQUAL TO THE FOREIGN
MANUFACTURER'S ASSIGNED RATE ON THE FULL VALUE OF THE PRODUCT
WILL BE REQUIRED.

7. FOR THE PURPOSES OF ANTIDUMPING AND COUNTERVAILINGDUTIES,
GALVANIZING CONSTITUTES SUBSTANTIAL TRANSFORMATION (E.G.,U.S.
ORIGIN COLD-ROLLED STEEL GALVANIZED INANOTHER COUNTRY IS
SUBJECTTO THE AD VALOREM CASH DEPOSIT FOR CORROSION-RESISTANT
STEEL FROMTHE SUBJECT COUNTRY).

8. FOR U.S. ORIGIN MERCHANDISE WHICH IS "TOLLED" IN A COUNTRY
SUBJECT TOINVESTIGATION, A DEPOSIT IS REQUIRED ON THE FULL VALUE
OF THE SUBJECT MERCHANDISE FROM THE COUNTRY SUBJECT TO
INVESTIGATION, UNLESS AND UNTIL THE CIRCUMSTANCES OF THE TOLLING
HAVE BEEN ESTABLISHED BY THE DEPARTMENT IN AN ADMINISTRATIVE
REVIEW. MERCHANDISE IS TOLLED WHEN THE ORIGINAL MANUFACTURER
HASTHE MERCHANDISE FURTHER PROCESSED BY ANOTHER COMPANY WHILE
RETAINING TITLE OR OWNERSHIP TO THE MERCHANDISE. THESE
INSTRUCTIONS SUPERSEDE THE DEPARTMENT'S PREVIOUS INSTRUCTIONS ON
TOLLED MERCHANDISE.

9. 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 FULLVALUE OF DNN
MERCHANDISE.


10. 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,
ONTHE FULL VALUE OF SOREVCO MERCHANDISE.

11. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT THE ANTIDUMPING
COUNTERVAILING DUTYBRANCH VIA E-MAIL 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
ON 202-482-3793.

12. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.


NANCY MCTIERNAN