MESSAGE NO: 8070113 DATE: 03 11 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 428 - 207 C - 428 - 208
C - 428 - 209 - -
- - - -

PERIOD COVERED: 12 07 1992 TO 12 31 1996

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN CARBON STEEL
PRODUCTS FROM GERMANY (C-428-207,208,209) FOR THE
PERIOD 12/92 THROUGH 12/96

1. THE PRODUCER/EXPORTER THYSSEN STAHL (THYSSEN) OF GERMANY HAS
COMPLETED LITIGATION WITH RESPECT TO THE COUNTERVAILING DUTY
ORDER COVERING CARBON STEEL PRODUCTS FROM GERMANY WHICH
INCLUDES CARBON STEEL PLATE, COLD-ROLLED STEEL, AND
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS. ENTRIES
MADE BY THIS COMPANY HAD BEEN ENJOINED PENDING THE
COMPLETION OF LITIGATION. ENTRIES OTHER THAN THOSE FROM
THYSSEN REMAIN ENJOINED SINCE LITIGATION AFFECTING OTHER
ENTRIES REMAINS IN PROGRESS.

2. MERCHANDISE COVERED BY THE COUNTERVAILING DUTY ORDER ON COLD-
ROLLED CARBON STEEL FLAT PRODUCTS (C-428-207) INCLUDE CARBON
STEEL FLAT-ROLLED PRODUCTS, OF RECTANGULAR SHAPE, NEITHER
CLAD, PLATED NOR COATED WITH METAL, WHETHER OR NOT PAINTED,
VARNISHED OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES, 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.

MERCHANDISE COVERED BY THE COUNTERVAILING DUTY ORDER ON
CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS (C-
428-208) 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. INCLUDED IN THIS ORDER 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 THIS ORDER ARE FLAT-ROLLED STEEL PRODUCTS
EITHER PLATED OR COATED 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 FROM THIS ORDER ARE CLAD PRODUCTS IN STRAIGHT
LENGTHS OF 0.1875 INCH OR MORE IN COMPOSITE THICKNESS AND OF
A WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT LEAST
TWICE THE THICKNESS. ALSO EXCLUDED ARE CERTAIN CLAD
STAINLESS FLAT-ROLLED PRODUCTS, WHICH ARE THREE-LAYERED
CORROSION-RESISTANT CARBON STEEL FLAT-ROLLED PRODUCTS LESS
THAN 4.75 MILLIMETERS 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.

THE COUNTERVAILING DUTY ORDER ON CERTAIN CUT-TO-LENGTH
CARBON STEEL PLATE (C-428-209) COVERS 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 NONMETALLIC SUBSTANCES; AND CERTAIN HOT-
ROLLED CARBON STEEL FLAT-ROLLED PRODUCTS IN STRAIGHT
LENGTHS, OF RECTANGULAR SHAPES, HOT ROLLED, NEITHER CLAD,

PLATED, NOR COATED WITH METAL, WHETHER OR NOT PAINTED,
VARNISHED OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES, 4.75 MILLIMETER OR MORE IN THICKNESS AND OF A
WIDTH WHICH EXCEEDS 150 MILLIMETERS AND MEASURES AT LEAST
TWICE THE THICKNESS. INCLUDED IN THIS ORDER 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.

3. THEREFORE, IN ACCORDANCE WITH SECTION 355.22(G) AND
351.212(C) 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 PRODUCED/EXPORTED
BY THYSSEN OF GERMANY WHICH ENTERED ON OR AFTER DECEMBER 7,
1992 AND WHICH WAS EXPORTED ON OR BEFORE DECEMBER 31, 1996.
MERCHANDISE COVERED BY THE COUNTERVAILING DUTY ORDERS ON CUT-
TO-LENGTH CARBON STEEL PLATE AND CORROSION-RESISTANT CARBON
STEEL FLAT PRODUCTS ENTERED ON OR AFTER APRIL 6, 1993 AND
BEFORE AUGUST 17, 1993 IS NOT SUBJECT TO SUSPENSION OF
LIQUIDATION OR TO THE PAYMENT OF COUNTERVAILING DUTIES. THE
PERIOD WITH RESPECT TO COLD-ROLLED CARBON STEEL FLAT
PRODUCTS APPLIES TO ENTRIES MADE ON OR AFTER AUGUST 18, 1993
WHICH WERE EXPORTED ON OR BEFORE DECEMBER 31, 1996.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:

C-428-207 GERMAN COLD-ROLLED CARBON STEEL FLAT PRODUCTS
PRODUCED/EXPORTED BY THYSSEN
8/18/93 - 12/31/96 0.85 PERCENT

C-428-208 GERMAN CORROSION-RESISTANT CARBON STEEL PLATE
PRODUCED/EXPORTED BY THYSSEN
12/7/92 - 4/5/93 0.68 PERCENT
4/6/93 - 8/16/93 NO SUSPENSION
8/17/93 - 12/31/96 0.60 PERCENT

C-428-209-003 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY THYSSEN
12/7/92 - 4/5/93 0.64 PERCENT
4/6/93 - 8/16/93 NO SUSPENSION
8/17/93 - 12/31/960.51 PERCENT

5. SHIPMENTS OF CUT-TO-LENGTH PLATE AND CORROSION-RESISTANT
CARBON STEEL FLAT PRODUCTS ENTERED, OR WITHDRAWN FROM
WAREHOUSE, ON OR AFTER APRIL 6, 1993 AND BEFORE AUGUST 17,
1993 SHOULD BE LIQUIDATED WITHOUT REGARD TO COUNTERVAILING
DUTIES. IN ADDITION, NO COUNTERVAILING DUTIES APPLY TO
ENTRIES OF COLD-ROLLED CARBON STEEL FLAT PRODUCTS MADE
BEFORE AUGUST 18, 1993.

6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE PRODUCED/EXPORTED BY THYSSEN OF GERMANY WHICH
ENTERED ON OR AFTER DECEMBER 7, 1992 AND WHICH WERE EXPORTED
ON OR BEFORE DECEMBER 31, 1996 IS LIFTED. THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED
ABOVE EXPORTED AFTER DECEMBER 31, 1996 WILL CONTINUE.

7. 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 DUTIES BEFORE
THE DATE OF PUBLICATION OF THE COUNTERVAILING DUTY ORDER ON
AUGUST 17, 1993. 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.

8. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA EMAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING/
COUNTERVAILING DUTY, USING THE ATTRIBUTE "HQ OAB." THE
IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT
ANNE D'ALAURO THE OFFICE OF CVD/AD ENFORCEMENT VI, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, (202) 482-2786.

9. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.

PAUL SCHWARTZ