MESSAGE NO: 9146112 DATE: 05 26 1999
CATEGORY: ADA TYPE: FIN
REFERENCE: REFERENCE DATE:
CASES: A - 791 - 805 - -
- - - -
- - - -

PERIOD COVERED: 03 31 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: NOTICE OF FINAL AFFIRMATIVE DETERMINATION IN THE
ANTIDUMPING DUTY INVESTIGATION OF STAINLESS STEEL PLATE IN
COILS FROM SOUTH AFRICA (A-791-805)

1. ON 03/31/1999, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
STAINLESS STEEL PLATE IN COILS FROM SOUTH AFRICA (63 FR
15459).

2. FOR PURPOSES OF THIS INVESTIGATION, THE PRODUCT COVERED IS
CERTAIN STAINLESS STEEL PLATE IN COILS. STAINLESS STEEL IS
AN ALLOY STEEL CONTAINING, BY WEIGHT, 1.2 PERCENT OR LESS OF
CARBON AND 10.5 PERCENT OR MORE OF CHROMIUM, WITH OR WITHOUT
OTHER ELEMENTS. THE SUBJECT PLATE PRODUCTS ARE FLAT-ROLLED
PRODUCTS, 254 MM OR OVER IN WIDTH AND 4.75 MM OR MORE IN
THICKNESS, IN COILS, AND ANNEALED OR OTHERWISE HEAT TREATED
AND PICKLED OR OTHERWISE DESCALED. THE SUBJECT PLATE MAY
ALSO BE FURTHER PROCESSED (E.G., COLD-ROLLED, POLISHED, ETC.
) PROVIDED THAT IT MAINTAINS THE SPECIFIED DIMENSIONS OF
PLATE FOLLOWING SUCH PROCESSING. EXCLUDED FROM THE SCOPE OF
THIS PETITION ARE THE FOLLOWING: (1) PLATE NOT IN COILS,
(2) PLATE THAT IS NOT ANNEALED OR OTHERWISE HEAT TREATED AND
PICKLED OR OTHERWISE DESCALED, (3) SHEET AND STRIP, AND (4)
FLAT BARS.

THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CURRENTLY
CLASSIFIABLE IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTS) AT SUBHEADINGS: 7219.11.00.30, 7219.11.00.60,
7219.12.00.05, 7219.12.00.20, 7219.12.00.25, 7219.12.00.50,
7219.12.00.55, 7219.12.00.65, 7219.12.00.70, 7219.12.00.80,
7219.31.00.10, 7219.90.00.10, 7219.90.00.20, 7219.90.00.25,
7219.90.00.60, 7219.90.00.80, 7220.11.00.00, 7220.20.10.10,
7220.20.10.15, 7220.20.10.60, 7220.20.10.80, 7220.20.60.05,
7220.20.60.10, 7220.20.60.15, 7220.20.60.60, 7220.20.60.80,
7220.90.00.10, 7220.90.00.15, 7220.90.00.60, AND
7220.90.00.80. ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED
FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE MERCHANDISE UNDER INVESTIGATION IS
DISPOSITIVE.

3. FOR REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-791-805.

4. FOR IMPORTS OF STAINLESS STEEL PLATE IN COILS FROM SOUTH
AFRICA, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/04/1998.
EFFECTIVE 03/31/1999 CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO
THE MARGIN SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

COLUMBUS STAINLESS A-791-805-001 37.79
ALL OTHERS A-791-805-000 37.79

5. ARTICLE VI.5 OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE
PROVIDES THAT "NO PRODUCT ... SHALL BE SUBJECT TO BOTH
ANTIDUMPING AND COUNTERVAILING DUTIES TO COMPENSATE FOR THE
SAME SITUATION OF DUMPING OR EXPORT SUBSIDIZATION." THIS
PROVISION IS IMPLEMENTED IN SECTION 772(C)(1)(C) OF THE
TARIFF ACT. SINCE ANTIDUMPING DUTIES CANNOT BE ASSESSED ON
THE PORTION OF THE MARGIN ATTRIBUTED TO EXPORT SUBSIDIES
THERE IS NO REASON TO REQUIRE A CASH DEPOSIT OR BOND FOR
THAT AMOUNT. THE DEPARTMENT HAS DETERMINED IN ITS FINAL
AFFIRMATIVE COUNTERVAILING DUTY DETERMINATION ON STAINLESS
STEEL PLATE IN COILS FROM SOUTH AFRICA (CASE NUMBER C-791-
806) THAT THE PRODUCT UNDER INVESTIGATION BENEFITTED FROM
EXPORT SUBSIDIES OFFERED BY THE GOVERNMENT OF SOUTH AFRICA.
WHERE THE PRODUCT UNDER INVESTIGATION IS ALSO SUBJECT TO A
CONCURRENT COUNTERVAILING DUTY DETERMINATION, WE INSTRUCT
THE CUSTOMS SERVICE TO REQUIRE A CASH DEPOSIT OR POSTING OF
A BOND EQUAL TO THE WEIGHTED-AVERAGE MARGIN MINUS THE AMOUNT
DETERMINED TO CONSTITUTE ANY EXPORT SUBSIDY. ACCORDINGLY,
FOR CASH DEPOSIT PURPOSES WE HAVE SUBTRACTED FROM COLUMBUS'S
WEIGHTED-AVERAGE MARGIN THAT PORTION OF THE RATE
ATTRIBUTABLE TO THE EXPORT SUBSIDIES FOUND IN THE
COUNTERVAILING DUTY INVESTIGATION (I.E. 3.84 PERCENT). WE
MADE THE SAME ADJUSTMENT TO THE "ALL OTHERS" CASH DEPOSIT
RATE BY SUBTRACTING THE 3.84 PERCENT RATE ATTRIBUTABLE TO
EXPORT SUBSIDIES. NO FURTHER ADJUSTMENT TO THE CASH DEPOSIT
RATE IS NECESSARY TO ACCOUNT FOR THE EXPORT SUBSIDY.

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE
APPROPRIATE SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY
LIAISON, USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC
AND OTHER INTERESTED PARTIES SHOULD CONTACT ROBERT M. JAMES,
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-5222.

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

PAUL SCHWARTZ