MESSAGE NO: 2161213
DATE: 06 10 2002
CATEGORY: CVD
TYPE: INF
REFERENCE:
REFERENCE DATE:
CASES:
C - 351 - 833
C - 122 - 841
C - 428 - 833
C - 274 - 805
C - 489 - 809
-
-
PERIOD COVERED:
06 08 2002
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL
RE: DISCONTINUATION OF SUSP. OF LIQ. IN THE COUNTERVAILING
DUTY INVESTIGATIONS OF CARBON & CERTAIN ALLOY STEEL WIRE
ROD FROM BRAZIL,CANADA,GERMANY, TRINIDAD & TOBAGO,& TURKEY
1.
IN KEEPING WITH THE WORLD TRADE ORGANIZATION AGREEMENT ON
SUBSIDIES AND COUNTERVAILING MEASURES, THE DEPARTMENT IS
DISCONTINUING THE SUSPENSION OF LIQUIDATION IN THE COUNTERVAILING
DUTY INVESTIGATIONS OF CARBON AND CERTAIN ALLOY STEEL WIRE ROD
FROM:
BRAZIL (C-351-833), CANADA (C-122-841), GERMANY (C-428-833),
TRINIDAD AND TOBAGO (C-274-805) AND TURKEY (C-489-809)
EFFECTIVE JUNE 8, 2002, WHICH IS 120 DAYS AFTER THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATIONS.
2. THE MERCHANDISE COVERED BY THESE INVESTIGATIONS IS CERTAIN
HOT-ROLLED PRODUCTS OF CARBON STEEL AND ALLOY STEEL, IN COILS, OF
APPROXIMATELY ROUND CROSS SECTION, 5.00 MM OR MORE, BUT LESS THAN
19.00 MM, IN SOLID CROSS-SECTIONAL DIAMETER.
SPECIFICALLY EXCLUDED ARE STEEL PRODUCTS POSSESSING THE ABOVE-
NOTED PHYSICAL CHARACTERISTICS AND MEETING THE HARMONIZED TARIFF
SCHEDULE OF THE UNITED STATES (HTSUS) DEFINITIONS FOR
(A) STAINLESS STEEL;
(B) TOOL STEEL;
(C) HIGH NICKEL STEEL;
(D) BALL BEARING STEEL; AND
(E) CONCRETE REINFORCING BARS AND RODS.
ALSO EXCLUDED ARE
(F) FREE MACHINING STEEL PRODUCTS (I.E., PRODUCTS THAT CONTAIN BY
WEIGHT ONE OR MORE OF THE FOLLOWING ELEMENTS:
0.03 PERCENT OR MORE OF LEAD,
0.05 PERCENT OR MORE OF BISMUTH,
0.08 PERCENT OR MORE OF SULFUR,
MORE THAN 0.04 PERCENT OF PHOSPHORUS,
MORE THAN 0.05 PERCENT OF SELENIUM, OR
MORE THAN 0.01 PERCENT OF TELLURIUM).
ALSO EXCLUDED FROM THE SCOPE ARE 1080 GRADE TIRE CORD QUALITY
WIRE ROD AND 1080 GRADE TIRE BEAD QUALITY WIRE ROD.
THIS GRADE 1080 TIRE CORD QUALITY ROD IS DEFINED AS:
(I)
GRADE 1080 TIRE CORD QUALITY WIRE ROD MEASURING 5.0 MM OR
MORE BUT NOT MORE THAN 6.0 MM IN CROSS-SECTIONAL DIAMETER;
(II)
WITH AN AVERAGE PARTIAL DECARBURIZATION OF NO MORE THAN 70
MICRONS IN DEPTH (MAXIMUM INDIVIDUAL 200 MICRONS);
(III) HAVING NO INCLUSIONS GREATER THAN 20 MICRONS;
(IV)
HAVING A CARBON SEGREGATION PER HEAT AVERAGE OF 3.0 OR
BETTER USING EUROPEAN METHOD NFA 04-114;
(V)
HAVING A SURFACE QUALITY WITH NO SURFACE DEFECTS OF A
LENGTH GREATER THAN 0.15 MM;
(VI)
CAPABLE OF BEING DRAWN TO A DIAMETER OF 0.30 MM OR LESS
WITH 3 OR FEWER BREAKS PER TON, AND
(VII) CONTAINING BY WEIGHT THE FOLLOWING ELEMENTS IN THE
PROPORTIONS SHOWN:
(1) 0.78 PERCENT OR MORE OF CARBON,
(2) LESS THAN 0.01 PERCENT OF ALUMINUM,
(3) 0.040 PERCENT OR LESS, IN THE AGGREGATE, OF PHOSPHORUS AND
SULFUR,
(4) 0.006 PERCENT OR LESS OF NITROGEN, AND
(5) NOT MORE THAN 0.15 PERCENT, IN THE AGGREGATE, OF COPPER,
NICKEL AND CHROMIUM.
THIS GRADE 1080 TIRE BEAD QUALITY ROD IS DEFINED AS:
(I)
GRADE 1080 TIRE BEAD QUALITY WIRE ROD MEASURING 5.5 MM OR
MORE BUT NOT MORE THAN 7.0 MM IN CROSS-SECTIONAL DIAMETER;
(II)
WITH AN AVERAGE PARTIAL DECARBURIZATION OF NO MORE THAN 70
MICRONS IN DEPTH (MAXIMUM INDIVIDUAL 200 MICRONS);
(III) HAVING NO INCLUSIONS GREATER THAN 20 MICRONS;
(IV)
HAVING A CARBON SEGREGATION PER HEAT AVERAGE OF 3.0 OR
BETTER USING EUROPEAN METHOD NFA 04-114;
(V)
HAVING A SURFACE QUALITY WITH NO SURFACE DEFECTS OF A
LENGTH GREATER THAN 0.2 MM;
(VI)
CAPABLE OF BEING DRAWN TO A DIAMETER OF 0.78 MM OR LARGER
WITH 0.5 OR FEWER BREAKS PER TON; AND
(VII) CONTAINING BY WEIGHT THE FOLLOWING ELEMENTS IN THE
PROPORTIONS SHOWN:
(1) 0.78 PERCENT OR MORE OF CARBON,
(2) LESS THAN 0.01 PERCENT OF SOLUBLE ALUMINUM,
(3) 0.040 PERCENT OR LESS, IN THE AGGREGATE, OF PHOSPHORUS AND
SULFUR,
(4) 0.008 PERCENT OR LESS OF NITROGEN, AND
(5) EITHER NOT MORE THAN 0.15 PERCENT, IN THE AGGREGATE, OF
COPPER, NICKEL AND CHROMIUM (IF CHROMIUM IS NOT SPECIFIED),
OR NOT MORE THAN 0.10 PERCENT IN THE AGGREGATE OF COPPER AND
NICKEL AND A CHROMIUM CONTENT OF 0.24 TO 0.30 PERCENT (IF
CHROMIUM IS SPECIFIED).
THE DESIGNATION OF THE PRODUCTS AS "TIRE CORD QUALITY" OR "TIRE
BEAD QUALITY" INDICATES THE ACCEPTABILITY OF THE PRODUCT FOR USE
IN THE PRODUCTION OF TIRE CORD, TIRE BEAD, OR WIRE FOR USE IN
OTHER RUBBER REINFORCEMENT APPLICATIONS SUCH AS HOSE WIRE.
THESE
QUALITY DESIGNATIONS ARE PRESUMED TO INDICATE THAT THESE PRODUCTS
ARE BEING USED IN TIRE CORD, TIRE BEAD, AND OTHER RUBBER
REINFORCEMENT APPLICATIONS, AND SUCH MERCHANDISE INTENDED FOR THE
TIRE CORD, TIRE BEAD, OR OTHER RUBBER REINFORCEMENT APPLICATIONS
IS NOT INCLUDED IN THE SCOPE.
HOWEVER, SHOULD PETITIONERS OR
OTHER INTERESTED PARTIES PROVIDE A REASONABLE BASIS TO BELIEVE OR
SUSPECT THAT THERE EXISTS A PATTERN OF IMPORTATION OF SUCH
PRODUCTS FOR OTHER THAN THOSE APPLICATIONS, END-USE CERTIFICATION
FOR THE IMPORTATION OF SUCH PRODUCTS MAY BE REQUIRED.
UNDER SUCH
CIRCUMSTANCES, ONLY THE IMPORTERS OF RECORD WOULD NORMALLY BE
REQUIRED TO CERTIFY THE END USE OF THE IMPORTED MERCHANDISE.
ALL PRODUCTS MEETING THE PHYSICAL DESCRIPTION OF SUBJECT
MERCHANDISE THAT ARE NOT SPECIFICALLY EXCLUDED ARE INCLUDED IN
THIS SCOPE.
THE PRODUCTS UNDER INVESTIGATION ARE CURRENTLY
CLASSIFIABLE UNDER SUBHEADINGS
7213.91.3010, 7213.91.3090,7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,7227.90.6053, 7227.90.6058,
AND 7227.90.6059 OF THE HTSUS.
ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE
AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF
THIS PROCEEDING IS DISPOSITIVE.
3.
FOR FURTHER REPORTING PURPOSES, THESE CASES HAVE BEEN
ASSIGNED THE FOLLOWING INVESTIGATION NUMBERS:
BRAZIL
C-351-833
CANADA
C-122-841
GERMANY
C-428-833
TRINIDAD AND TOBAGO
C-274-805
TURKEY
C-489-809
4.
FIELD OFFICERS SHALL DISCONTINUE THE SUSPENSION OF
LIQUIDATION FOR COUNTERVAILING DUTY PURPOSES ON ALL SHIPMENTS OF
THE SUBJECT MERCHANDISE ENTERED, OR WITHDRAWN
FROM WAREHOUSE,
FOR CONSUMPTION ON OR AFTER JUNE 8, 2002.
THIS SUSPENSION OF
LIQUIDATION WILL NOT BE RESUMED UNLESS AND UNTIL THE DEPARTMENT
OF COMMERCE PUBLISHES COUNTERVAILING DUTY ORDERS IN THESE CASES.
FIELD OFFICERS SHALL CONTINUE TO SUSPEND LIQUIDATION ON ALL
SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
MADE DURING THE PERIOD, FEBRUARY 8, 2002 THROUGH JUNE 7, 2002,
UNTIL THE CONCLUSION OF THESE COUNTERVAILING DUTY INVESTIGATIONS.
5.
THE DISCONTINUATION DOES NOT AFFECT THE REQUIREMENTS OF A
CASH DEPOSIT OR BOND ON ENTRIES SUBJECT TO THE SUSPENSION OF
LIQUIDATION ANNOUNCED IN THE DEPARTMENT OF COMMERCE'S PRELIMINARY
DETERMINATIONS IN THE COMPANION ANTIDUMPING DUTY INVESTIGATIONS
OF CARBON AND CERTAIN ALLOY STEEL WIRE ROD FROM BRAZIL (A-351-
832), CANADA (A-122-840), GERMANY (A-428-832), AND TRINIDAD AND
TOBAGO (274-804).
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
MELANI MILLER
AT 202-482-0116 (BRAZIL AND TRINIDAD AND
TOBAGO),
CRAIG MATNEY
AT 202-482-1778 (CANADA),
MELANIE BROWN
AT 202-482-4987 (GERMANY), AND
JENNIFER D. JONES AT 202-482-4194 (TURKEY),
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA