MESSAGE NO: 4321112 DATE: 11 17 1993
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 351 - 817 A - 122 - 823
A - 201 - 809 - -
- - - -

PERIOD COVERED: TO

LIQ SUSPENSION DATE: 02 04 1993

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: ANTIDUMPING DUTY ORDERS OF CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM BRAZIL, CANADA AND MEXICO


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 IN THE
UNITED STATES AT LESS THAN FAIR VALUE. ON AUGUST 16, 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.//2.
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 NON-METALLIC 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 NON-METALLIC 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 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 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 IS GRADE X-70 PLATE./
/ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTIONS 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 AUGUST9, 1993, THE ITC NOTIFIED THE
DEPARTMENT THAT IMPORTS OF CUT-TO-LENGTH CARBON STEEL PLATE FROM
BRAZIL, CANADA AND MEXICO 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
ITSDETERMINATIONS. BECAUSE THIS CASE IS CURRENTLY IN LITIGATION,
THE DEPARTMENT DOES NOT HAVE JURISDICTION TO CORRECT
MINISTERIALERRORS AT THIS TIME. THEREFORE, THE U.S. CUSTOMS
SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF ALL
CUT-TO-LENGTH CARBON STEEL PLATE FROM BRAZIL, CANADA, AND MEXICO
THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION,
ON OR AFTER FEBRUARY 4, 1993, AND SHALL REQUIRE A CASH DEPOSIT
EQUAL TO THE WEIGHTED AVERAGE ESTIMATED FINAL ANTIDUMPING MARGINS
LISTED BELOW://
MANUFACTURER
PRODUCER CUSTOMS ID MARGIN/ EXPORTER
NUMBER PERCENTAGE//BRAZIL/
COSIPA A-351-817-001 109.00/
USIMINAS A-351-817-002 42.08/ALL
OTHERS A-351-817-000 75.54//CANADA/
IPSCO A-122-823-002 1.47/STELCO
INC. A-122-823-003 68.70/ALL OTHERS
A-122-823-000 61.95//MEXICO/AHMSA
A-201-809-003 49.25/ALL OTHERS
A-201-809-000 49.25//5. IN
GENERAL,THE DEPOSIT RATE REQUIRED ON EACH ENTRY WILL BE THAT
ASSIGNED TOTHE MANUFACTURER OF THE FLAT-ROLLED STEEL PRODUCT. FOR
THE ENTRYTO BE ACCEPTED, THE NAME OF THE MANUFACTURER MUSTBE
CLEARLY IDENTIFIED.//IN GENERAL, IN THE EVENT THAT THE EXPORTER
IS A RESELLER, TRADING COMPANY, OR STEEL SERVICE CENTER, THE
FOLLOWING INSTRUCTIONS SHOULD BE FOLLOWED://(1) IF THE
RESELLER, ETC., SIMPLY RESELLS THE FLAT-ROLLED PRODUCT, A CASH
DEPOSIT EQUAL TO THE RATE ASSIGNED TO THE MANUFACTURER WILL 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
THE MANUFACTURER WILL BE REQUIRED (E.G., IF A RESELLER PURCHASES
A FOUR-FOOT WIDE, ONE INCH THICK PLATE AND SLITS IT INTO TWO,
TWO-FOOT WIDE PLATES).//(3) IF THE RESELLLER, ETC., DOES
FURTHER PROCESSING AND CHANGES THE PRODUCT INTO A DIFFERENT CLASS
OR KIND OF MERCHANDISE, A DEPOSIT EQUAL TO THE "ALL OTHERS" RATE
FOR THE NEW CLASS OR KIND WILL APPLY (E.G., IF A RESELLER
PURCHASES A COIL OF HOT-ROLLED STEEL OF A THICKNESS OF 4.75
MILLIMETERS OR MORE AND CUTS THE STEEL TO LENGTH, THE "ALL
OTHERS" RATE FOR CUT-TO-LENGTH PLATE WOULD APPLY)./
/(4) IF THE RESELLER, ETC., IS RELATED TO THE MANUFACTURER OF
THESUBJECT MERCHANDISE, A DEPOSIT EQUAL TO THE RATE ASSIGNED TO
THE MANUFACTURER WILL BE REQUIRED.//6. IF MERCHANDISE ENTERED
UNDER 9802.00.60 (AMERICAN GOODS RETURNED) HAS BEEN TRANSFORMED
INTO A CLASS OR KIND OF MERCHANDISE SUBJECT TO THIS INVESTIGATION
IN A COUNTRY SUBJECT TOINVESTIGATION, 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 COUNTERVAILING DUTIES, GALVANIZING CONSTITUTES SUBSTANTIAL
TRANSFORMATION (E.G., U.S. ORIGIN COLD-ROLLED STEEL GALVANIZED IN
ANOTHER 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 TO
INVESTIGATION, A DEPOSIT IS REQUIRED ON THE FULL VALUEOF 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. IF THERE ARE ANY QUESTIONS REGARDING THIS
MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT THE AD
CVD BRANCH VIA EMAIL 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 ON 202-482-3793.//
10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.//// NANCY MCTIERNAN