MESSAGE NO: 9348007
DATE: 12 14 2009
CATEGORY: ADA
TYPE: COR
REFERENCE: 2154221
REFERENCE DATE: 06 03 2002
CASES:
A - 462 - 814
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PERIOD COVERED:
05 20 2002
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: REISSUANCE OF FINAL DETERMINATION IN THE ADD
INVESTIGATIONS: STRUCTURAL STEEL BEAMS FROM RUSSIA
(A-462-814-000/001)
THIS MESSAGE IS BEING REISSUED TO CORRECT AN ERROR IN THE CASE
NUMBER FOR STRUCTURAL STEEL BEAMS FROM THE RUSSIA.
THE CASE
NUMBER IN THE ORIGINAL MESSAGE (MESSAGE NUMBER #2154221, DATED
06/03/2002) WAS LISTED AS CASE NUMBER A-462-114.
THE CORRECT
CASE NUMBER IS A-462-814
1.
ON MAY 20, 2002, 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
STRUCTURAL STEEL BEAMS FROM THE RUSSIAN FEDERATION.
2.
FOR PURPOSES OF THIS INVESTIGATION, THE TERM STRUCTURAL
STEEL BEAMS INCLUDES DOUBLY-SYMMETRIC SHAPES,
WHETHER HOT- OR
COLD-ROLLED, DRAWN, EXTRUDED, FORMED OR FINISHED, HAVING AT
LEAST ONE DIMENSION OF AT LEAST 80 MM (3.2 INCHES OR MORE),
WHETHER OF CARBON OR ALLOY (OTHER THAN STAINLESS) STEEL, AND
WHETHER OR NOT DRILLED PUNCHED, NOTCHED, PAINTED, COATED, OR
CLAD.
THESE STRUCTURAL STEEL BEAMS INCLUDE, BUT ARE NOT LIMITED TO,
WIDE-FLANGE BEAMS (W SHAPES), BEARING PILES (HP SHAPES), STANDARD
BEAMS (S OR I SHAPES), AND M-SHAPES.
ALL THE PRODUCTS THAT MEET
THE PHYSICAL AND METALLURGICAL DESCRIPTIONS PROVIDED ABOVE ARE
WITHIN THE SCOPE OF THIS INVESTIGATION UNLESS OTHERWISE EXCLUDED.
THE FOLLOWING PRODUCTS ARE OUTSIDE AND/OR SPECIFICALLY EXCLUDED
FROM THE SCOPE OF THIS INVESTIGATION:
(1) STRUCTURAL STEEL
BEAMS GREATER THAN 400 POUNDS PER LINEAR FOOT, (2) STRUCTURAL
STEEL BEAMS THAT HAVE ADDITIONAL WELDMENT, CONNECTORS OR
ATTACHMENTS TO I-SECTIONS, H-SECTIONS, OR PILINGS; HOWEVER, IF
THE ONLY ADDITIONAL WELDMENT, CONNECTOR OR ATTACHMENT ON THE
BEAM IS A SHIPPING BRACE ATTACHED TO MAINTAIN STABILITY DURING
TRANSPORTATION, THE BEAM IS NOT REMOVED FROM THE SCOPE BY
REASON OF SUCH ADDITIONAL WELDMENT, CONNECTOR OR ATTACHMENT.
THE MERCHANDISE SUBJECT TO THIS INVESTIGATION IS CLASSIFIED IN
THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) AT
THE FOLLOWING SUBHEADINGS
7216.32.0000, 7216.33.0030, 7216.33.0060, 7216.33.0090,
7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.91.0000,
7216.99.0000, 7228.70.3040, AND 7228.70.6000.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE MERCHANDISE
UNDER INVESTIGATION IS DISPOSITIVE.
3.
FOR IMPORTS OF STRUCTURAL STEEL BEAMS FROM THE RUSSIAN
FEDERATION, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 20, 2002.
EFFECTIVE
MAY 20, 2002, CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH
DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE PERCENTAGES SHOWN
BELOW:
MFR/PRODUCER
CUSTOMS ID
MARGIN (PERCENTAGE)
EXPORTER
NUMBER
NIZHNY TAGIL IRON
A-462-114-001
230.66
& STEEL WORKS
RUSSIA-WIDE RATE
A-462-114-000
230.66
4.
FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-821-814.
FOR CUSTOMS PURPOSES ONLY,
THIS CASE HAS BEEN ASSIGNED THE FOLLOWING CASE NUMBER,
A-462-114.
5.
IN ACCORDANCE WITH THE LONGSTANDING POLICY OF THE 1985
TREASURY DECISION AND MEMORANDUM OF AGREEMENT (MOA) BETWEEN
COMMERCE AND CUSTOMS, T.D. 85-145, AT THE DISCRETION OF THE
CUSTOMS SERVICE, CUSTOMS OFFICERS MAY ACCEPT EITHER A
SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND OR A CONTINUOUS
BASIC IMPORTATION AND ENTRY BOND ONLY IF THE AMOUNT OF THE
ESTIMATED ANTIDUMPING OR COUNTERVAILING DUTY IS LESS THAN FIVE
PERCENT AD VALOREM (OR THE EQUIVALENT).
OTHERWISE, AS IN THE
CASE OF STRUCTURAL STEEL BEAMS FROM THE RUSSIAN FEDERATION,
WHERE THE IMPORTER HAS THE OPTION TO POST A BOND FOR ESTIMATED
ANTIDUMPING OR COUNTERVAILING DUTIES, THE CUSTOMS OFFICERS MUST
REQUIRE A SINGLE-ENTRY BASIC IMPORTATION AND ENTRY BOND
PURSUANT TO T.D. 85-145.
AS HAS BEEN THE CASE SINCE THE MOA
AND TREASURY DECISION, YOU ARE INSTRUCTED TO ADHERE TO THE
REQUIREMENTS OF T.D. 85-145 WITH RESPECT TO THESE BONDING
REQUIREMENTS.
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 HERMES PINILLA, OFFICE
OF AD/CVD ENFORCEMENT 3, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202)
482-3477.
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
ALICE J. BUCHANAN