MESSAGE NO: 6291115
DATE: 10 18 1995
CATEGORY: CVD
TYPE: LIQ
REFERENCE:
REFERENCE DATE:
CASES:
C - 357 - 208
C - 357 - 209
C - 357 - 210
C - 357 - 211
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PERIOD COVERED:
01 01 1994
TO
12 31 1994
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT, AREA AND PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: NON ADMINISTRATIVE REVIEW LIQUIDATION INSTRUCTIONS FOR
WELDED CARBON STEEL PIPE FROM ARGENTINA
(C-357-
1.
THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
CERTAIN WELDED CARBON STEEL PIPE AND TUBE PRODUCTS FROM
ARGENTINA FOR THE JANUARY 1, 1994 THROUGH DECEMBER 31, 1994
REVIEW PERIOD.
ON AUGUST 9, 1995 THE COUNTERVAILNG DUTY ON
THIS MERCHANDISE WAS REVOKED FOR ALL ENTRIES MADE ON OR AFTER
JANAURY 1, 1995.
2.
CERTAIN WELDED-CARBON STEEL PIPE AND TUBE PRODUCTS FROM
ARGENTINA CONSTITUTE THE FOUR SEPARATE "CLASS OR KINDS" OF
MERCHANDISE NOTED:
A.
STANDARD PIPE (C-357-211):
CERTAIN CIRCULAR WELDED
CARBON STEEL PIPES AND TUBES, 0.375 INCH OR MORE BUT NOT OVER
16 INCHES IN OUTSIDE DIAMETER, GENERALLY KNOWN AS STANDARD
PIPE USED IN SUCH APPLICATIONS AS PLUMBING PIPE, SPRINKLER
SYSTEMS, AND FENCE POSTS.
STANDARD PIPE MAY BE SUPPLIED WITH
AN OIL COATING (BLACK PIPE) OR MAY BE GALVANIZED, AND IS SOLD
IN PLAIN ENDS, THREADED, THREADED AND COUPLED, OR BEVELLED.
THESE PRODUCTS ARE PRODUCED TO AMERICAN SOCIETY FOR TESTING
AND MATERIALS (ASTM) SPECIFICATIONS A-120, A-53, OR A-135.
THE PRODUCTS COVERED ARE CURRENTLY CLASSIFIABLE UNDER
HARMONIZED TARIFF SCHEDULE (HTS) ITEM NUMBERS 7306.30.1000,
7306.30.5025, 7306.30.5030, 7306.30.5040, 7306.30.5045,
7306.30.5050, 7306.30.5060, 7306.30.5065 AND 7306.30.5075.
B.
LINE PIPE (C-357-210):
CERTAIN WELDED CARBON STEEL
AMERICAN PETROLEUM INSTITUTE (API) LINE PIPE, 0.375 INCH OR
MORE BUT NOT OVER 16 INCHES IN OUTSIDE DIAMETER, KNOWN IN THE
INDUSTRY AS LINE PIPE AND GENERALLY PRODUCED TO API
SPECIFICATION 5L.
LINE PIPE IS USED FOR THE TRANSPORTATION
OF GAS, OIL, AND WATER, GENERALLY IN PIPELINE OR UTILITY
DISTRIBUTION SYSTEMS.
SUCH MERCHANDISE IS CURRENTLY
CLASSIFIABLE UNDER HTS ITEM NUMBERS 7306.10.1010 AND
7306.10.1050.
C.
HEAVY-WALLED RECTANGULAR TUBING (C-357-208) HAS A WALL
THICKNESS OF 0.156 INCH OR GREATER AND IS GENERALLY USED FOR
SUPPORT MEMBERS FOR CONSTRUCTION OR LEAD-BEARING PURPOSES IN
CONSTRUCTION, TRANSPORTATION, FARM AND MATERIAL HANDLING
EQUIPMENT.
THE PRODUCT IS GENERALLY PRODUCED TO ASTM
SPECIFICATIONS A-500, GRADE B.
HEAVY-WALLED RECTANGULAR
TUBING IS CLASSIFIABLE UNDER HTS ITEM NUMBER 7306.60.1000.
D.
LIGHT-WALLED RECTANGULAR TUBING (C-357-209) HAS A WALL
THICKNESS OF LESS THAN 0.156 INCH AND IS GENERALLY EMPLOYED
IN A VARIETY OF END USES NOT INVOLVING THE CONVEYANCE OF
LIQUID OR GAS, SUCH AS AGRICULTURAL EQUIPMENT FRAMES AND
PARTS, AND FURNITURE PARTS.
THE PRODUCT IS GENERALLY
PRODUCED TO ASTM SPECIFICATIONS A-513 OR A-500, GRADE A.
LIGHT-WALLED RECTANGULAR TUBING IS CLASSIFIABLE UNDER HTS
ITEM NUMBER 7306.60.5000.
3.
THEREFORE, IN ACCORDANCE WITH SECTION 355.22(G) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES
AT RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED
COUNTERVAILING DUTIES REQUIRED AT THE TIME OF ENTRY ON THE
SPECIFIED SUBJECT MERCHANDISE EXPORTED ON OR AFTER JANUARY 1,
1994 WHICH ENTERED ON OR BEFORE DECEMBER 31, 1994.
4.
THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:
WELDED CARBON STEEL PIPE AND TUBE
ARGENTINA
STANDARD PIPE
C-357-211
1/1/94-12/31/94
ZERO PERCENT
LINE PIPE
C-357-210
1/1/94-12/31/94
ZERO PERCENT
HEAVY-WALLED
C-357-208
1/1/94-12/31/94
24.25 PERCENT
RECTANGULAR TUBING
LIGHT-WALLED
C-357-209
1/1/94-12/31/94
9.25 PERCENT
RECTANGULAR TUBING
5.
THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER JANUARY 1, 1994 AND WHICH
ENTERED ON OR BEFORE DECEMBER 31, 1994 IS LIFTED.
LIQUIDATION INSTRUCTIONS FOR ENTRIES MADE ON OR AFTER
JANAURY 1, 1995 WERE ISSUED IN EMAIL MESSAGES #5229114 AND
#5229115 DATED MARCH 17, 1995.
THE SUSPENSION OF LIQUIDATION
FOR ALL FUTURE SHIPMENTS OF THIS MERCHANDISE WAS TERMINATED
ON AUGUST 9, 1995.
6.
THE ASSESSMENT OF COUNTERVAILING DUTIES 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 COUNTERVAILING DUTIES.
THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED COUNTERVAILING DUTY ORDER.
INTEREST SHALL BE
CALCULATED FROM THE DATE PAYMENT OF ESTIMATED COUNTERVAILING
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.
7.
IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, TECHNICAL PROGRAMS,
ANTIDUMPING/COUNTERVAILING DUTY, USING ATTRIBUTE "HQ OAB".
THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD
CONTACT THE OFFICE OF COUNTERVAILING COMPLIANCE, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, US
DEPARTMENT OF COMMERCE AT 202-482-2786.
8.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN