MESSAGE NO: 6332111
DATE: 11 28 1995
CATEGORY: ADA
TYPE: COR
REFERENCE: 5030112
REFERENCE DATE: 01 30 1995
CASES:
A - 122 - 822
A - 122 - 823
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PERIOD COVERED:
02 04 1993
TO
07 31 1995
LIQ SUSPENSION DATE:
TO: CMC DIRECTORS,
PORT DIRECTORS
FROM: DIRECTOR, TECHNICAL PROGRAMS
RE: AMENDED FINAL & ORDERS ON CERTAIN CORROSION-RESISTANT
CARBON STEEL FLAT PRODUCTS & CERTAIN CUT-TO-LENGHT CARBON
STEEL PLATE FM CANADA (A122-822 A122-823)
CORRECTION TO MESSAGE NUMBER 5030112 DATED ON 1/30/95
1.
ON SEPTEMBER 26, 1995 THE DEPARTMENT OF COMMERCE PUBLISHED IN
THE FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION AND
ANTIDUMPING DUTY ORDER IN THE ANTIDUMPING DUTY INVESTIGATION OF
CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS AND
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM CANADA.
THIS
AMENDED FINAL DETEMINATION WAS MADE PURSUANT TO ARTICLE 1904
BINATIONAL PANEL REVIEW PURSUANT TO THE UNITED STATES-CANADA FREE
TRADE AGREEMENT.
THIS IS AN AMENDMENT OF MESSAGE 5030112 NUMBER
DATED 1/27/95.
2.
FOR PURPOSES OF THE CORROSION-RESISTANT CARBON STEEL FLAT
PRODUCTS ORDER, THESE PRODUCTS INCLUDE FLAT-ROLLED CARBON STEEL
PRODUCTS, OF RECTANGULAR SHAPE, EITHER CLAD, PLATED, OR COATED
WITH 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 HTSUS 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 ARE CORROSION-RESISTANT 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 ARE FLAT-ROLLED STEEL
PRODUCTS EITHER PLATED ORCOATED 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
ARE CLAD PRODUCTS IN STRAIGHT LENGTHS OF 0.1875 INCH OR MORE IN
COMPOSITE THICKNESS AND OF WIDTH WHICH EXEEDS 150 MILLIMETERS AND
MEASURES AT LEAST TWICE THE THICKNESS.
ALSO EXCLUDED FROM THIS
REVIEW ARE CERTAIN CLAD STAINLESS FLAT-ROLLED PRODUCTS, WHICH ARE
THREE-LAYERED CORROSION-RESISTANT CARBON STEEL FLAT-ROLLED
PRODUCTS LESS THAN 4.75 MILLMETERS 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.
3.
FOR PURPOSES OF THE CUT-TO-LENGTH CARBON STEEL PLATE ORDER,
THESE PRODUCTS INCLUDE HOT-ROLLED CARBON STEEL UNIVERSAL MILL
PLATES (I.E., FLAT-ROLLED PRODUCTS ROLLED ON FOUR FACES OR IN
CLOSED BOX PASS, OF A WIDTH EXEEDING 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 NONMETALLIC SUBSTANCES; AND CERTAIN HOT-ROLLED CARBON STEEL
FLAT-ROLLED PRODUCTS IN STRAIGHT LENGTHS, OF RECTANGULAR SHAPE,
HOT ROLLED, NEITHER CLAD, PLATED, NOR COATED METAL, WHETHER OR
NOT PAINTED, VARNISHED, OR COATED WITH METAL, WHETHER OR NOT
PAINTED, VARNISHED, OR COATED WITH PLASTICS OR OTHER NONMETALLIC
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 HARMONIZED TARIFF
SCHEDULE (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 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 IS GRADE X-70 PLATE.
THESE HTS ITEM NUMBERS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES.
THE WRITTEN
DESCRIPTION REMAINS DISPOSITIVE.
4.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED AD CASE NUMBERS A-122-822 (CORROSION-RESISTANT) AND
A-122-823 (CTL PLATE).
5.
IN OUR REDETERMINATION, WE FOUND IPSCO'S MARGIN TO BE DE
MINIMIS.
IPSO'S, INC. IS NOW EXCLUDED FROM THE ANTIDUMPING DUTY
ORDER ON CUT-TO-LENGTH CARBON STEEL PLATE FROM CANADA.
THEREFORE, FOR IPSCO, TERMINATE SUSPENSION OF LIQUIDATION AND
LIQUIDATE ALL UNLIQUIDATED ENTRIES WITHOUT REGARD TO ANTIDUMPING
DUTIES.
6.
THE DEPARTMENT HAS NOT RECEIVED A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE ANTIDUMPING ORDER FOR CERTAIN
PERIODS ON THE MERCHANDISE LISTED BELOW, EXCEPT FOR THE FIRMS
NOTED.
THEREFORE, IN ACCORDANCE WITH SECTION 353.22(E) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS ANTIDUMPING DUTIES ON
MERCHANDISE ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIODS LISTED BELOW AT THE CASH DEPOSIT OR BONDING
RATE REQUIRED AT THE TIME OF ENTRY.
CORROSION RESISTANT CARBON STEEL PRODUCTS
PERIOD
FROM CANADA
2/4/93 - 7/31/94
A-122-822
8/1/94 - 7/31/95
LIQUIDATE ALL ENTRIES FOR ALL FIRMS EXCEPT:
CONTINUOUS COLOUR COAT, LTD.
DOFASCO
SOREVCO
STELCO
NOTE:
INTEREST APPLICABLE FOR ALL ENTRIES
8/19/93- 7/31/95
CUT-TO-LENGTH CARBON STEEL PLATE FROM CANADA
2/4/93 - 7/31/94
8/1/94 - 7/31/95
A-122-823
LIQUIDATE ALL ENTRIES FROM ALL FIRMS EXCEPT
ALGOMA STEEL, INC.
MANITOBA ROLLING MILLS
STELCO, INC.
7.
FOR IMPORTS OF THESE PRODUCTS FROM ALL FIRMS EXCEPT IPSCO,
INC., THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION
OF SUCH MERCHANDISE THAT IS ENTERED OR WITHDRAWN FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER AUGUST 1, 1994.
EFFECTIVE SEPTEMBER
26, 1995, CUSTOMS SHALL REQUIRE A CASH DEPOSIT EQUAL TO THE
APPROPRIATE FINAL MARGIN PERCENTAGES LISTED BELOW.
ENTRIES OF
MERCHANDISE MANUFACTURED/PRODUCED/EXPORTED BY CONTINUOUS COLOUR
COAT, LTD., ARE NOW SUBJECT TO THE "ALL OTHERS" CASH DEPOSIT RATE
FOR CORROSION-RESISTANT PRODUCTS FROM CANADA.
MANUFACTURER/PRODUCER
CUSTOMS
WEIGHTED-AVERAGE
EXPORTER
ID NUMBER
MARGIN PERCENTAGE
CORROSION-RESISTANT
CARBON STEEL FLAT PRODUCTS
DOFASCO
A-122-822-001
11.71 PERCENT
STELCO
A-122-822-003
22.70 PERCENT
ALL OTHERS
A-122-822-000
18.71 PERCENT
CUT-TO-LENGTH CARBON STEEL PLATE
STELCO
A-122-823-003
68.70 PERCENT
ALL OTHERS
A-122-823-000
61.88 PERCENT
8.
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 JEAN
KEMP AT (202) 482- 4037 OR ELIZABETH PATIENCE AT (202) 482-0195,
OFFICE OF AGREEMENTS COMPLIANCE, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.
9.
THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN