MESSAGE NO: 9013205 DATE: 01 13 2009
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 475 - 822 - -
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PERIOD COVERED: 12 03 2008 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SCOPE RULING ON ANTIDUMPING DUTY ORDER ON STAINLESS
STEEL PLATE IN COILS (SSPC) FROM ITALY (A-475-822)


1. ON 12/03/2008, IN RESPONSE TO A REQUEST BY UGINE & ALZ
BELGIUM, N.V. (U&A BELGIUM), THE DEPARTMENT OF COMMERCE ISSUED A
FINAL SCOPE RULING THAT FINDS THAT STAINLESS STEEL PRODUCTS WITH
A NOMINAL THICKNESS OF 4.75MM, REGARDLESS OF THE ACTUAL
THICKNESS, ARE WITHIN THE SCOPE OF THE ANTIDUMPING DUTY (AD)
ORDER ON SSPC FROM ITALY (A-475-822).

2. AS A RESULT OF OUR ANALYSIS OF THE CRITERIA IN ACCORDANCE
WITH 19 CFR 351.225(K)(2), WE FIND THAT THE PHYSICAL
CHARACTERISTICS OF SSPC, THE PRODUCT SUBJECT TO THE SCOPE-RULING
REQUEST, ARE FLAT-ROLLED STAINLESS AND HEAT-RESISTING STEEL PLATE
PRODUCTS THAT ARE 254MM (10 INCHES) OR MORE IN WIDTH AND 4.75 MM
(0.1875 INCHES) OR MORE IN THICKNESS, AND SSPC THAT IS WITHIN THE
DIMENSIONAL TOLERANCES INDICATED IN THE ASTM, EVEN IF ACTUAL
THICKNESS IS LESS THAN 4.75MM ARE WITHIN THE SCOPE OF THIS ORDER.
REGARDING EXPECTATIONS OF THE ULTIMATE PURCHASER, WE FIND THAT
THE SELLERS AND BUYERS ARE KNOWLEDGEABLE OF THE DIMENSIONAL
TOLERANCES AND THE CHEMICAL AND HEATING REQUIREMENTS FOR THE
PRODUCT AS INDICATED IN THE ASTM STANDARDS. THUS, THE ULTIMATE
PURCHASER EXPECTS TO RECEIVE A PRODUCT THAT MEETS THE INDUSTRY
STANDARDS. AS NOTED ABOVE, SSPC IS SOLD PRIMARILY INTO THE
CAPITAL GOODS SECTOR FOR HEAVY DUTY APPLICATIONS SUCH AS THE
FABRICATION OF LARGE STORAGE TANKS, PROCESS VESSELS AND OTHER
TYPES OF INDUSTRIAL EQUIPMENT WHERE ITS CORROSION RESISTANCE IS
NEEDED. REGARDING THE CHANNELS OF TRADE IN WHICH THE PRODUCT IS
SOLD, WE FIND SSPC WITH A NOMINAL THICKNESS OF 4.75 MM AND AN
ACTUAL THICKNESS LESS THAN 4.75MM, AND SSPC WITH A NOMINAL
THICKNESS OF 4.75 MM, REGARDLESS OF THE ACTUAL THICKNESS ARE
DISTRIBUTED, AND ADVERTISED AND DISPLAYED IN THE SAME MANNER.
BASED ON THE ANALYSIS OF THESE FACTORS, WE FIND THAT SSPC WITH A
NOMINAL THICKNESS OF 4.75MM THAT IS WITHIN THE DIMENSIONAL
TOLERANCES OF STAINLESS STEEL PLATE, AS INDICATED IN THE ASTM
STANDARD A480/480M, REGARDLESS OF THE ACTUAL THICKNESS IS WITHIN
THE SCOPE OF THIS ORDER. BASED ON THESE REASONS, THE COMMERCE
DEPARTMENT FOUND THIS PRODUCT TO BE WITHIN THE SCOPE OF THE
ORDER.

3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF SSPC FROM
ITALY, INCLUDING STAINLESS STEEL PRODUCTS WITH A NOMINAL
THICKNESS OF 4.75MM, REGARDLESS OF THE ACTUAL THICKNESS, SUBJECT
TO THE AD ORDER COVERING SSPC FROM ITALY.

4. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984 OR
(202) 482-3577 RESPECTIVELY(GENERATED BY O3:GM).

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

DAVID M. GENOVESE