MESSAGE NO: 5032111 DATE: 02 01 1995
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 213 A - 570 - 214
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PERIOD COVERED: 11 24 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: COURT ORDER ON DUCTILE IRON WATERWORKS FITTINGS AND GLANDS
FROM PEOPLE'SREPUBLIC OF CHINA (A-570-213 AND A-570-214)


1. ON NOVEMBER 24, 1994, THE COURT OF INTERNATIONAL TRADE
GRANTED A MOTION FOR INJUNCTION OF LIQUIDATION OF COMPACT DUCTILE
IRON WATERWORKS (CDIW) FITTINGS AND GLANDS EXPORTED BY CHINA
NATIONAL METAL PRODUCTS IMPORT AND EXPORT CORPORATION (CMP) THAT
ARE SUBJECT TO THE ANTIDUMPING ORDER ON CERTAIN COMPACT DUCTILE
IRON WATERWORKS FITTINGS AND GLANDS FROM THE PEOPLE'S REPUBLIC OF
CHINA.

2. THE PRODUCTS SUBJECT TO THE ANTIDUMPING DUTY ORDER ARE (1)
CERTAIN COMPACT DUCTILE IRON WATERWORKS (CDIW) FITTINGS OF 3 TO
16 INCHES NOMINAL DIAMETER REGARDLESS OF SHAPE, INCLUDING BENDS,
TEES, CROSSES, WYES, REDUCERS, ADAPTERS, AND OTHER SHAPES,
WHETHER OR NOT CEMENT LINE, AND WHETHER OR NOT COVERED WITH
BITUMEN OR SIMILAR SUBSTANCE, CONFORMING TO AMERICAN WATER WORKS
ASSOCIATION/AMERICAN NATIONAL STANDARDS INSTITUTE (AWWA/ANSI)
SPECIFICATION C153/A21.53, AND RATED FOR WATER WORKING PRESSURE
OF 350 PSI; AND (2) CERTAIN CDIW STANDARD DUCTILE IRON GLANDS FOR
FITTINGS IN SIZES 3 TO 16 INCHES, CONFORMING TO AWWA/ANSI
SPECIFICATION C111/A21.11, AND RATED FOR WATER WORKING PRESSURE
OF 350 PSI; ALL ACCESSORY PACKS (INCLUDING ACCESSORY PACKS
CONTAINING GLANDS), ARE EXCLUDED FROM THE SCOPE OF THE ORDER.

THE TYPES OF CDIW FITTINGS COVERED BY THE ORDER ARE COMPACT
DUCTILE IRON MECHANICAL JOINT WATERWORKS FITTINGS AND COMPACT
DUCTILE IRON PUSH-ON JOINT WATERWORKS FITTINGS, BOTH OF WHICH ARE
USED FOR THE SAME APPLICATIONS. CDIW FITTINGS ARE USED TO JOIN
WATER MAIN PRESSURE PIPES, VALUES, OR HYDRANTS IN STRAIGHT LINES,
AND CHANGE, DIVERT, DIVIDE, OR DIRECT THE FLOW OF RAW AND/OR
TREATED WATER IN PIPING SYSTEMS.
CDIW FITTINGS ATTACH TO THE PIPE, VALVE, OR HYDRANT AT A JOINT
AND ARE USED PRINCIPALLY FOR MUNICIPAL WATER DISTRIBUTION
SYSTEMS. CDIW GLANDS ARE USED TO JOIN MECHANICAL JOINT CDIW
FITTINGS TO PIPES.

CDIW FITTINGS WITH NOMINAL DIAMETERS GREATER THAN 16 INCHES, ARE
SPECIFICALLY EXCLUDED FROM THE SCOPE OF THE ORDER. NONMALLEABLE
CAST IRON FITTINGS (ALSO CALLED GRAY IRON FITTINGS) AND FULL
BODIED DUCTILE FITTINGS ARE ALSO SPECIFICALLY EXCLUDED FROM THE
SCOPE OF THE ORDER. NOMALLEABLE CAST IRON FITTINGS HAVE LITTLE
DUCTILITY AND ARE GENERALLY RATED ONLY 150 TO 250 PSI.
FULL-BODIED DUCTILE FITTINGS HAVE A LONGER BODY DESIGN THAN A
COMPACT FITTING BECAUSE IN THE COMPACT DESIGN THE STRAIGHT
SECTION OF THE BODY IS OMITTED TO PROVIDE A MORE COMPACT AND LESS
HEAVY FITTING WITHOUT REDUCING STRENGTH OR FLOW CHARACTERISTICS.
IN ADDITION, THE FULL-BODIED DUCTILE FITTINGS ARE THICKER WALLED
THAN THE COMPACT FITTINGS. FULL-BODIED FITTINGS ARE MADE OF
EITHER GRAY IRON OR DUCTILE IRON, IN SIZES OF 3 TO 48 INCHES,
CONFORM TO AWWA/ANSI SPECIFICATION C110/C21.10, AND ARE RATED TO
A MAXIMUM OF ONLY 250 PSI. IN ADDITION, COMPACT DUCTILE IRON
FLANGED FITTINGS ARE EXCLUDED FROM THE SCOPE OF THE ORDER, AS
THEY HAVE SIGNIFICANTLY DIFFERENT CHARACTERISTICS AND USES THAN
CDIW FITTINGS.

CDIW FITTINGS ARE CLASSIFIABLE UNDER SUBHEADING 7307.19.30.00, OF
THE HARMONIZED TARIFF SHCEDULE OF THE UNITED STATES (HTSUS).
STANDARD DUCTILE IRON GLANDS ARE CLASSIFIABLE UNDER HTSUS
SUBHEADING 7325.99.10.00. ALTHOUGH THE HTSUS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN
DESCRIPTION OF THE SCOPE OF THE ORDER IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THIS ANTUDMPING DUTY CASE HAS
BEEN ASSIGNED THE FOLLOWING CASE NUMBER: A-570-820.

THIS NUMBER SHOULD BE USED WHEN DEALING WITH THE DEPARTMENT OF
COMMERCE ONLY. FOR CUSTOMS IDENTIFICATION PURPOSES THE FOLLOWING
NUMBERS SHOULD BE USED: A-570-213 (FITTINGS), A-570-214
(GLANDS).

4. DUE TO A COURT RULING, CMP IS EXCLUDED FROM THE APPLICATION
OF THE ANTIDUMPING DUTY ORDER ON THE SUJBECT MERCHANDISE FROM THE
PRC. ACCORDINGLY, THE CUSTOMS SERVICE SHALL TERMINATE SUSPENSION
OF LIQUIDATION OF ALL ENTRIES OF SUBJECT MERCHANDISE FROM CMP,
PRODUCED BY BIN HE FOUNDRY (GLANDS) OR SONG ZHUANG FOUNDRY
(FITTINGS), ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
ON OR AFTER FEBRUARY 18, 1993, AND PROCEED WITH LIQUIDATION OF
SUCH ENTRIES WITHOUT REGARD TO ANTIDUMPING DUTIES.
ALL CASH AND BONDS SHOULD BE RELEASED AND ESTIMATED ANTIDUMPING
DUTIES DEPOSITED SHOULD BE REFUNDED. ALL FITTINGS AND GLANDS
EXPORTED BY CMP AND MANUFACTURERD BY A PRODUCER OTHER THAN BIN HE
FOUNDRY OR SONG ZHUANG FOUNDRY ARE SUBJECT TO THE ALL OTHERS
RATE.

5. "THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930, WHICH REQUIRE INTEREST ON
OVERPAYMENTS OR UNDER PAYMENTS OF THE AMOUNTS DEPOSITED AS
ESTIMATED ANTIDUMPING DUTIES. THE INTEREST PROVISIONS ARE NOT
APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED ANITUMPING DUTIES
BEFORE THE DATE OF PUBLICATION OF THE ANITDUMPING ORDER. INTEREST
SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING DUTIES THROUGH THE DATE OF LIQUIDATION. THE RATE AT
WHICH SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER
SECTION 6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH
PERIOD."

6. CUSTOMS SHALL CONTINUE SUSPENSION OF LIQUIDATION AND
COLLECTION OF CASH DEPOSITS FOR ALL OTHER ENTRIES OF SUBJECT
MERCHANDISE.

7. 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." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES
SHOULD CONTACT JAMES TERPSTRA OR DOLORES PECK, OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE
(202) 482-3965 OR (202) 482-4929.

8. THERE ARE NO RESTRICTION ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN