MESSAGE NO: 9289112 DATE: 10 16 1998
CATEGORY: CVD TYPE: LIQ
REFERENCE: 9274112 REFERENCE DATE: 10 01 1998
CASES: C - 428 - 207 C - 428 - 208
C - 428 - 209 - -
- - - -

PERIOD COVERED: 01 01 1997 TO 12 31 1997

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: CORRECTION OF LIQUIDATION INSTRUCTIONS FOR CERTAIN CARBON
STEEL PRODUCTS FROM GERMANY FOR THE PERIOD 01/01/1997
THROUGH 12/31/1997 (C-428-207/208/209)

THIS IS A CORRECTION TO PARAGRAPH 3 OF EMAIL #9274112 DATE 10/1/98

1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDERS ON
CERTAIN CARBON STEEL PRODUCTS FROM GERMANY (C-428-207)
(C-428-208) AND (C-428-209). ENTRIES MADE BY GERMAN
PRODUCERS/EXPORTERS OTHER THAN DILLINGER MAY NOW BE
LIQUIDATED. ENTRIES MADE BY DILLINGER REMAIN ENJOINED
BECAUSE THIS FIRM IS INVOLVED IN ONGOING LITIGATION OF
ISSUES CONCERNING PRIVITIZATION.

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 COMPANIES OTHER THAN DILLINGER WHICH WAS EXPORTED ON OR
AFTER JANUARY 1, 1997 AND ON OR BEFORE DECEMBER 31, 1997.

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

C-428-207 GERMAN COLD-ROLLED CARBON STEEL FLAT PRODUCTS
1/1/97 - 12/31/97 0.85 PERCENT

C-428-208 GERMAN CORROSION-RESISTANT CARBON STEEL PLATE
1/1/97 - 12/31/97 0.60 PERCENT

C-428-209-001 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY ILSENBURG
1/1/97 - 12/31/97 0.80 PERCENT

C-428-209-002 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY PREUSSAG
1/1/97 - 12/31/97 1.72 PERCENT

C-428-209-000 GERMAN CUT-TO-LENGTH CARBON STEEL PLATE
PRODUCED/EXPORTED BY OTHER COMPANIES
1/1/97 - 12/31/97 14.84 PERCENT


5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE PRODUCED/EXPORTED BY COMPANIES OTHER THAN
DILLINGER OF GERMANY WHICH WERE EXPORTED ON OR AFTER
JANUARY 1, 1997 AND ON OR BEFORE DECEMBER 31, 1997 IS LIFTED.
THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE
MERCHANDISE LISTED ABOVE EXPORTED AFTER DECEMBER 31, 1997
WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE CUSTOMS
SERVICE ON SHIPMENTS OR ENTRY SUMMARIES 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 BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST
SHALL BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
COUNTERVAILING DUTIES 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.

7. 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 INTERESTED
PARTIES SHOULD CONTACT GAYLE LONGEST THE OFFICE OF CVD/AD
ENFORCEMENT VI, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-2786.

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

PAUL SCHWARTZ