MESSAGE NO: 8085114 DATE: 03 26 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: 8070113 REFERENCE DATE: 03 11 1998
CASES: C - 428 - 207 C - 428 - 208
C - 428 - 209 - -
- - - -

PERIOD COVERED: 12 07 1992 TO 12 31 1996

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

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

1. ON MARCH 11, 1998, AN E-MAIL MESSAGE (# 8070113) WAS SENT
WITH RESPECT TO CERTAIN CARBON STEEL PRODUCTS FROM GERMANY
INSTRUCTING CUSTOMS TO LIQUIDATE ENTRIES PRODUCED BY THYSSEN
STAHL (THYSSEN) DUE TO THE COMPLETION OF LITIGATION AFFECTING
THIS PRODUCER AND THE PERIOD DECEMBER 7, 1992 THROUGH DECEMBER
31, 1996. THE SAME IS TRUE OF ALL PRODUCER/EXPORTERS OF GERMAN
CERTAIN STEEL PRODUCTS WITH THE EXCEPTION OF COMPANIES INVOLVED
IN ONGOING LITIGATION OF ISSUES CONCERNING PRIVATIZATION.
PRIVATIZATION ONLY AFFECTS THE GERMAN COMPANY DILLINGER. ENTRIES
MADE BY DILLINGER REMAIN ENJOINED. ENTRIES MADE BY GERMAN
PRODUCERS/EXPORTERS OTHER THAN DILLINGER MAY NOW BE LIQUIDATED.

2. MERCHANDISE COVERED BY THE COUNTERVAILING DUTY ORDER ON
COLD-ROLLED CARBON STEEL FLAT PRODUCTS (C-428-207) INCLUDE CARBON
STEEL FLAT-ROLLED PROODUCTS, 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 SUPER IMPOSED 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 COMPANIES
OTHER THAN DILLINGER WHICH WAS 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
8/18/93 - 12/31/96 0.85 PERCENT

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

C-428-209-001 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY ILSENBURG
12/7/92 - 4/5/93 2.11PERCENT
4/6/93 - 8/16/93 NO SUSPENSION
8/17/93 - 12/31/96 0.80 PERCENT

C-428-209-002 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY PREUSSAG
12/7/92 - 4/5/93 1.91PERCENT
4/6/93 - 8/16/93 NO SUSPENSION
8/17/93 - 12/31/96 1.72 PERCENT

C-428-209-000 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY OTHER COMPANIES
12/7/92 - 4/5/93 17.26 PERCENT
4/6/93 - 8/16/93 NO SUSPENSION
8/17/93 - 12/31/96 14.84 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. THESUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE PRODUCED/EXPORTED BY COMPANIES OTHER THAN DILLINGER
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. THEASSESSMENTOF 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 OVER PAYMENTS, 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
THEDATE 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, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT ANNE D'ALAURO IN THE OFFICE OF CVD/AD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-2786.

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

PAUL SCHWARTZ