MESSAGE NO: 5250111
DATE: 09 07 1995
CATEGORY: ADA
TYPE: SCO
REFERENCE:
REFERENCE DATE:
CASES:
A - 583 - 816
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PERIOD COVERED:
08 04 1995
TO
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: ANTIDUMPING SCOPE RULING ON STAINLESS STEEL BUTT-WELD PIPE
FITTINGS FROM TAIWAN (CASE NO. A-583-816)
1.
ON AUGUST 4, 1995, IN RESPONSE TO A REQUEST BY TOP LINE
PROCESS EQUIPMENT CORPORATION (TOP LINE), THE DEPARTMENT OF
COMMERCE (THE DEPARTMENT) ISSUED A FINAL SCOPE RULING THAT
VARIOUS STAINLESS STEEL TUBE FITTING WITH NON-WELDED
END-CONNECTIONS (I.E. BEVEL SEAT FITTINGS) AND NON-FITTING
ITEMS THAT RELATE TO TUBING SYSTEMS (I.E., VALVES, CLAMP
FITTINGS, HANGERS, AND GLANGES), ARE OUTSIDE THE SCOPE OF
THE ANTIDUMPING DUTY ORDER ON STAINLESS STEEL BUTT-WELD PIPE
FITTINGS (SSPFS) FROM TAIWAN, A-583-816.
BEVEL SEAT FITTINGS
14 PRF SHORT WELD FERRULE, MALE
15 TRF SHORT WELD FERRULE, FEMALE
L14A7 LONG WELD FERRULE, MALE
L15A7 LONG WELD FERRULE, FEMALE
14R ROLL-ON FERRULE, MALE
15R-ROLL-ON FERRULE, FEMALE
16A SOLID END CAP
13H HEX NUT
CLAMP FITTINGS
14 WMP SHORT WELD FERRULE
L14AM7 LONG WELD FERRULE
14 RMP ROLL-ON FERRULE
16 AMP SOLID END CAP
13 LAH HEAVY DUTY CLAMP
13 MHHM HEAVY DUTY CLAMP
13 MHLA LIGHT WEIGHT ADJUSTABLE CLAMP
13 MHP HIGHPRESSURE CLAMP
OTHER PRODUCTS
BUTTERLY VALUES
PLUG VALVES
HANGERS
BACK-UP FLANGES
2.
THE DEPARTMENT DETERMINED THAT THE AFOREMENTIONED PRODUCTS
PRODUCED BY TOP LINE ARE OUTSIDE THE SCOPE OF THE ORDER ON
SSPFS FROM TAIWAN BECAUSE THEY DO NOT FIT THE DESCRIPTION OF
THE SUBJECT MERCHANDISE AS CONTAINED IN THE ORIGINAL
PETITION, THE INITIAL INVESTIGATION, AND THE DETERMINATIONS
OF THE DEPARTMENT AND THE INTERNATIONAL TRADE COMMISSION.
3.
EFFECTIVE AUGUST 4, 1995, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF TOP
LINE'S PRODUCTS LISTED ABOVE.
4.
REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY
BONDSRELATING TO TOP LINE'S PRODUCTS LISTED ABOVE.
5.
THE REFUND OF CASH DEPOSITS BY THE CUSTOMS SERVICE ON
ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS OF
SECTION 778 OF THE TARIFF ACT OF 1930.
SECTION 778 REQUIRES
THAT CUSTOMS PAY INTEREST ON OVERPAYMENTS, OR ASSESS
INTEREST ON UNDERPAYMENTS, OF THE REQUIRED AMOUNTS DEPOSITED
AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS
ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS ESTIMATED
ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION OF THE
ANTIDUMPING DUTY ORDER.
INTEREST SHALL BE CALCULATED FROM
THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS REQUIRED
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.
CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF STAINLESS
STEEL BUTT-WELD PIPE FITTINGS SUBJECT TO THE ANTIDUMPING
DUTY ORDER COVERING SSPFs FROM TAIWAN.
7.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPROPRIATE
SUPERVISORY CHANELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ
OAB".
THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT DAVID GENOVESE ON 202-482-4697, OFFICE OF
ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
NANCY MCTIERNAN