MESSAGE NO: 9310115 DATE: 11 06 1998
CATEGORY: ADA TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: A - 602 - 803 - -
- - - -
- - - -

PERIOD COVERED: 08 01 1994 TO 07 31 1995

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: LIQUIDATION INSTRUCTIONS FOR CERTAIN CORROSION RESISTANT
CARBON STEEL FLAT PRODUCTS FROM AUSTRAILIA PRODUCED BY
BROKEN HILL PROPRIETARY CO. LTD.(BHP) (A-602-803-001)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
OF AUGUST 27, 1996 61 FR 44039-44041, THE FINAL RESULTS OF
ITS ADMINISTRATIVE REVIEW OF THE ANTIDUMPING DUTY ORDER A-
602-803 ON CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS
FROM AUSTRALIA FOR THE 08/01/1994 THROUGH 07/31/1995 PERIOD.

2. IMPORTS COVERED BY THE REVIEW ARE SHIPMENT OF CERTAIN
CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS. THESE
PRODUCTS 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, AS CURRENTLY CLASSIFIABLE IN THE HTS UNDER ITEM
NUMBERS 7210.31.0000, 7210.39.0000, 7210.41.0000,

7210.49.0030, 7210.49.0090, 7210.60.0000, 7210.70.6030,
7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000,
7210.90.9000, 7212.21.0000, 7212.29.0000, 7212.30.1030,
7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000,
7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000,
7215.90.5000, 7217.12.1000, 7217.13.1000, 7217.19.1000,
7217.19.5000, 7217.22.5000, 7217.23.5000, 7217.29.1000,
7217.29.5000, 7217.32.5000, 7217.33.5000, 7217.39.1000, and
7217.39.5000. INCLUDED 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 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 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%
RATIO. THESE HTS ITEM NUMBERS ARE PROVIDED FOR CONVENIENCE
AND CUSTOMS PURPOSES THE WRITTEN DESCRIPTION REMAINS
DISPOSITIVE.

3. FOR SHIPMENTS OF CORROSION-RESISTANT CARBON STEEL FLAT
PRODUCTS FROM AUSTRALIA EXPORTED BY BHP AND IMPORTED BY ITS
SUBSIDIARIES BHP TRADING, BHP COATED, AND BHP BUILDING
PRODUCTS ENTERED OR WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION
DURING THE PERIOD 08/01/1994 THROUGH 07/31/1995, ASSESS
ANTIDUMPING LIABILITIES ON A PER-UNIT BASIS AS FOLLOWS:

IMPORTER PER-TON AMOUNT
BHP TRADING $35.70
BHP COATED $32.06
BHP BUILDING PRODUCTS $170.23

4. FOR ALL OTHER SHIPMENTS OF CORROSION-RESISTANT CARBON STEEL
FLAT PRODUCTS FROM AUSTRALIA EXPORTED BY BHP ENTERED OR
WITHDRAWN FROM WAREHOUSE FOR CONSUMPTION DURING THE PERIOD
08/01/1994 THROUGH 07/31/1995, ASSESS ANTIDUMPING
LIABILITIES ON A PER-UNIT BASIS AS FOLLOWS:

IMPORTER PER-TON AMOUNT
ALL OTHERS RATE $45.53

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON SHIPMENTS OR 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
OVERPAYMENTS, OR ASSESS INTEREST ON UNDER PAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL
BE CALCULATED FROM THE DATE OF PAYMENT OF ESTIMATED
ANTIDUMPING 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.

6. UPON ASSESSMENT OF ANTIDUMPING DUTIES, CUSTOMS SHOULD
REQUIRE THAT THE IMPORTER PROVIDE A REIMBURSEMENT STATEMENT
AS DESCRIBED IN SECTION 353-26 OF THE COMMERCE DEPARTMENT
REGULATIONS. THE IMPORTER SHOULD PROVIDE THE REIMBURSEMENT
STATEMENT PRIOR TO LIQUIDATION OF THE ENTRY. IF THE
IMPORTER HAS BEEN REIMBURSED ANTIDUMPING DUTIES, CUSTOMS
SHOULD DOUBLE THE ANTIDUMPING DUTIES IN ACCORDANCE WITH THE
ABOVE-REFERENCED REGULATION. ADDITIONALLY, IF THE IMPORTER
FAILS TO RESPOND TO YOUR FORMAL REQUEST (VIA CF 28 OR 29)
FOR THE REIMBURSEMENT STATEMENT PRIOR TO LIQUIDATION,
CUSTOMS SHOULD PRESUME REIMBURSEMENT AND DOUBLE THE
ANTIDUMPING DUTIES DUE.

7. PLEASE NOTE THAT THE ASSESSMENT OF ANTIDUMPING DUTIES ON
ENTRIES MADE ON OR AFTER THE DEPARTMENT OF COMMERCE'S
PRELIMINARY DETERMINATION AND BEFORE THE INTERNATIONAL TRADE
COMMISSION'S FINAL AFFIRMATIVE INJURY DETERMINATION CANNOT
EXCEED THE AMOUNT OF CASH DEPOSIT OR BOND IN EFFECT AT THE
TIME OF ENTRY.

8. SUSPENSION OF LIQUIDATION FOR ALL ENTRIES OF THIS
MERCHANDISE AFTER 07/31/1995 WILL CONTINUE.

9. 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 INTERESTED
PARTIES SHOULD CONTACT RICK JOHNSON AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, DEPARTMENT OF COMMERCE AT (202) 482-
3818.

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


PAUL SCHWARTZ