MESSAGE NO: 9223111
DATE: 08 11 1999
CATEGORY: ADA
TYPE: ORD
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 830
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PERIOD COVERED:
05 21 1999
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: ANTIDUMPING DUTY ORDER IN THE INVESTIGATION OF CERTAIN
STAINLESS STEEL PLATE IN COILS FROM CANADA
(A-122-830)
1.
ON 05/21/1999, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS ANTIDUMPING DUTY ORDER IN THE
INVESTIGATION OF CERTAIN STAINLESS STEEL PLATE IN COILS FROM
CANADA (A-122-830) (64 FR 27756).
2.
THE PRODUCT COVERED BY THIS ORDER 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
THESE ORDERS 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.
IN ADDITION, CERTAIN COLD-ROLLED STAINLESS STEEL
PLATE IN COILS IS ALSO EXCLUDED FROM THE SCOPE OF THESE
ORDERS.
THE EXCLUDED COLD-ROLLED STAINLESS STEEL PLATE IN
COILS IS DEFINED AS THAT MERCHANDISE WHICH MEETS THE
PHYSICAL CHARACTERISTICS DESCRIBED ABOVE THAT HAS UNDERGONE
A COLD-REDUCTION PROCESS THAT REDUCED THE THICKNESS OF THE
STEEL BY 25 PERCENT OR MORE, AND HAS BEEN ANNEALED AND
PICKLED AFTER THIS COLD REDUCTION PROCESS.
THE MERCHANDISE SUBJECT TO THIS ORDER 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 SCOPE
OF THE ORDER IS DISPOSITIVE.
PLEASE NOTE THAT THE SCOPE OF THIS ORDER DIFFERS FROM
THE SCOPE OF THE ORIGINAL ANTIDUMPING/COUNTERVAILING
DUTY INVESTIGATIONS.
ON 05/04/1999, THE INTERNATIONAL
TRADE COMMISSION (ITC) NOTIFIED THE DEPARTMENT OF
COMMERCE OF ITS FINAL DETERMINATION IN THIS CASE. THE
ITC FOUND TWO LIKE PRODUCTS, CERTAIN COLD-ROLLED
STAINLESS STEEL PLATE IN COILS, AS DEFINED ABOVE, AND
ALL OTHER STAINLESS STEEL PLATE IN COILS.
THE ITC FOUND
THAT IMPORTS OF CERTAIN COLD-ROLLED STAINLESS STEEL
PLATE IN COILS FROM CANADA WERE NOT CAUSING OR
THREATENING MATERIAL INJURY TO A U.S. INDUSTRY.
ACCORDINGLY, THE SCOPE OF THIS ORDER EXCLUDES CERTAIN
COLD-ROLLED STAINLESS STEEL PLATE IN COILS (AS DEFINED
IMMEDIATELY ABOVE) FROM CANADA TO REFLECT THE ITC'S
FINDING OF NO MATERIAL INJURY.
3.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-122-830.
4.
FOR IMPORTS OF CERTAIN STAINLESS STEEL PLATE IN COILS FROM
CANADA, 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 05/21/1999 CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT EQUAL TO THE MARGIN SHOWN BELOW:
MFR/PRODUCER
CUSTOMS ID
MARGIN
EXPORTER
NUMBER
PERCENTAGE
ATLAS STAINLESS STEEL
A-122-830-001
15.35
ALL OTHERS
A-122-830-000
11.10
5.
WITH RESPECT TO CERTAIN COLD-ROLLED STAINLESS STEEL PLATE IN
COILS EXCLUDED FROM THIS ORDER AS DEFINED IN SECTION 2
ABOVE,
FIELD OFFICERS SHOULD DISCONTINUE SUSPENSION OF LIQUIDATION
OF ALL SHIPMENTS OF THIS MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 11/04/1998.
ALL
ESTIMATED ANTIDUMPING DUTIES DEPOSITED ON ENTRIES OF THIS
MERCHANDISE SHALL BE REFUNDED AND BONDS OR OTHER SECURITY
RELEASED AT THE TIME OF LIQUIDATION.
6.
THE INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF
1930 DO NOT APPLY.
7.
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 HELEN M. KRAMER,
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-0405.
9.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS
INFORMATION.
PAUL SCHWARTZ