MESSAGE NO: 3042112
DATE: 02 11 1993
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 357 - 808
A - 433 - 803
A - 423 - 804
A - 351 - 815
A - 122 - 821
-
-
PERIOD COVERED:
11 06 1992
TO
02 04 1993
LIQ SUSPENSION DATE:
TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS
FROM: DIRECTOR, IMPORT SPECIALIST DIVISION
RE: PRELIMINARY DETERMINATIONS OF THE ANTIDUMPING DUTY
INVESTIGATIONS OF CERTAIN COLD-ROLLED CARBON STEEL
FLAT PRODUCTS FROM CA, BE, BR, AR, AND AUSTRIA
1.
THE DEPARTMENT OF COMMERCE WILL PUBLISH ON FEBRUARY 4,
1993,
THE
NOTICE
OF
ITS
PRELIMINATION
DETERMINATIONS
OF
THE
ANTIDUMPING
DUTY INVESTIGATIONS
OF
CERTAIN
HOT-ROLLED
CARBON
STEEL
FLAT
PRODUCTS,
CERTAIN
COLD-ROLLED
CARBON
STEEL
FLAT
PRODUCTS, CERTAIN CORROSION-RESISTANT CARBON STEEL FLAT PRODUCTS,
AND
CERTAIN
CUT-TO-LENGTH
CARBON
STEEL
PLATE
FROM
VARIOUS
COUNTRIES.
2.
ONE OF THE FOUR CLASSES OR KINDS OF PRODUCTS COVERED BY THESE
INVESTIGATIONS IS CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS.
THESE
PRODUCTS
INCLUDE COLD-ROLLED (COLD-REDUCED) CARBON
STEEL
FLAT 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, 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 HTSUS UNDER ITEM
NUMBERS
7209.11.0000, 7209.12.0030, 7209.12.0090, 7209.13.0030,
7209.13.0090, 7209.14.0030, 7209.14.0090, 7209.21.0000,
7209.22.0000, 7209.23.0000, 7209.24.1000, 7209.24.5000,
7209.31.0000, 7209.32.0000, 7209.33.0000, 7209.34.0000,
7209.41.0000, 7209.42.0000, 7209.43.0000, 7209.44.0000,
7209.90.0000, 7210.70.3000, 7210.90.9000, 7211.30.1030,
7211.30.1090, 7211.30.3000, 7211.30.5000, 7211.41.1000,
7211.41.3030, 7211.41.3090, 7211.41.5000, 7211.41.7030,
7211.41.7060, 7211.41.7090, 7211.49.1030, 7211.49.1090,
7211.49.3000, 7211.49.5030, 7211.49.5060, 7211.49.5090,
7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000,
7217.11.1000, 7217.11.2000, 7217.11.3000, 7217.19.1000,
7217.19.5000, 7217.21.1000, 7217.29.1000, 7217.29.5000,
7217.31.1000, 7217.39.1000 AND 7217.39.5000.
EXCLUDED FROM
THESE INVESTIGATIONS IS CERTAIN SHADOW MASK STEEL,
I.E., ALUMINUM-KILLED, COLD-ROLLED STEEL COIL
THAT
IS OPEN-COIL
ANNEALED, HAS A CARBON CONTENT OF LESS THAN 0.002 PERCENT, IS
OF
0.003 TO 0.012 INCH IN THICKNESS, 15
TO
30 INCHES IN WIDTH, AND
HAS AN ULTRA FLAT, ISOTROPIC SURFACE.
ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED
FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF
THE SCOPE OF
THESE
PROCEEDINGS IS DISPOSITIVE.
3.
FOR
FURTHER
REPORTING
PURPOSES,
THESE
CASES
HAVE
BEEN
ASSIGNED THE FOLLOWING INVESTIGATIONS NUMBERS:
ARGENTINA
A-357-808
AUSTRIA
A-433-803
BELGIUM
A-423-804
BRAZIL
A-351-815
CANADA
A-122-821
4.
THE
DEPARTMENT
HAS
MADE
A
PRELIMINARY DETERMINATION THAT
CRITICAL
CIRCUMSTANCES
EXIST
WITH
RESPECT
TO
EXPORTS
OF
COLD-ROLLED STEEL
FROM BELGIUM.
THEREFORE WE
ARE DIRECTING THE
CUSTOMS SERVICE TO SUSPEND LIQUIDATION OF SUCH PRODUCTS THAT
ARE
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR AFTER
NOVEMBER 6,
1992,
WHICH
IS
90
DAYS
PRIOR
TO
THE
DATE
OF
PUBLICATION OF A PRELIMINARY DETRMINATION IN THE FEDERAL REGISTER
AND SHALL REQUIRE A CASH DEPOSIT OR
THE POSTING OF
A BOND EQUAL
TO THE ESTIMATED PRELIMINARY MARGIN PERCENTAGES LISTED BELOW.
BECAUSE
OF
THE COMPANION COUNTERVAILING DUTY INVESTIGATIONS, IN
AUSTRIA WE
ARE REDUCING THE
AMOUNT
OF
THE ANTIDUMPING DEPOSIT
RATE BY
THE AMOUNT OF
THE EXPORT SUBSIDIES FOUND.
FOR AUSTRIA,
THIS OFFSET SHALL REMAIN IN EFFECT UNTIL APRIL
6,
1993.
AFTER
THAT DATE
THE
FULL AMOUNT OF
THE ANTIDUMPING DEPOSIT SHALL
BE
REQUIRED.
FOR ARGENTINA, BECAUSE THERE IS
AN EXISTING ORDER
ON
THESE PRODUCTS, THE
SAME RATE APPLIES BEFORE AND AFTER APRIL
6,
1993.
FOR ALL EXPORTS OF CERTAIN COLD-ROLLED CARBON STEEL FLAT PRODUCTS
FROM ARGENTINA, AUSTRIA, BRAZIL AND CANADA (EXCEPT FOR EXPORTS BY
DOFASCO INC,
WHOSE
MARGIN
IS
DE MINIMIS), THE CUSTOMS SERVICE
SHALL SUSPEND LIQUIDATION OF
SUCH PRODUCTS THAT
ARE ENTERED
OR
WITHDRAWN FROM WAREHOUSE ON
OR AFTER FEBRUARY 4, 1993, AND SHALL
REQUIRE A
CASH DEPOSIT OR
THE POSTING OF
A
BOND EQUAL TO
THE
ESTIMATED PRELIMINARY MARGIN PERCENTAGES LISTED BELOW:
MFR/PROD
CUSTOMS ID
DEPOSIT
DEPOSIT
EXPORTER
NO
UNTIL
EFFECTIVE
4/6/93
4/7/93
ARGENTINA
SOMISA
A-357-808-001
18.53%
18.53%
ALL OTHERS
A-357-808-000
18.53%
18.53%
AUSTRIA
VOEST ALPINE STAHL
A-433-803-001
19.47%
19.50%
ALL OTHERS
A-433-803-000
19.47%
19.50%
BELGIUM
SIDMAR
A-423-804-004
13.10%
13.10%
ALL OTHERS
A-423-804-000
13.10%
13.10%
BRAZIL
CSN
A-351-815-003
8.47%
8.47%
COSIPA
A-351-815-001
88.00%
88.00%
USIMINAS
A-351-815-002
23.54%
23.54%
ALL OTHERS
A-351-815-000
40.00%
40.00%
CANADA
CMP
A-122-821-004
35.75%
35.75%
DOFASCO INC.
A-122-821-001
.47%
.47%
EXCLUDED
EXCLUDED
SIDBEC-DOSCO
A-122-821-005
10.16%
10.16%
STELCO
A-122-821-003
3.49%
3.49%
ALL OTHERS
A-122-821-000
10.95%
10.95%
5.
IN GENERAL, THE DEPOSIT RATE REQUIRED ON
EACH ENTRY WILL
BE
THAT
ASSIGNED
TO
THE MANUFACTURER
OF
THE
FLAT-ROLLED
STEEL
PRODUCT.
FOR
THE
ENTRY
TO
BE
ACCEPTED,
THE
NAME
OF
THE
MANUFACTURER MUST BE CLEARLY IDENTIFIED.
IN
THE EVENT THAT
THE EXPORTER IS
A RESELLER, TRADING COMPANY,
OR
STEEL
SERVICE CENTER,
THE FOLLOWING INSTRUCTIONS SHOULD
BE
FOLLOWED:
(1)
IF
THE
RESELLER, ETC.,
SIMPLY
RE-SELLS
THE FLAT-ROLLED
STEEL PRODUCT, A DEPOSIT OR
BOND EQUAL TO
THE
RATE ASSIGNED TO
THE MANUFACTURER WILL BE REQUIRED.
(2) IF
THE RESELLER, ETC., DOES SOME FURTHER PROCESSING BUT DOES
NOT TRANSFORM THE FLAT-ROLLED STEEL PRODUCT INTO
A CLASS OR KIND
OF
MERCHANDISE
DIFFERENT
THAN
THAT
PURCHASED
FROM
THE
MANUFACTURER, A DEPOSIT OR BOND EQUAL TO THE RATE ASSIGNED TO THE
MANUFACTURER WILL BE REQUIRED.
(E.G., IF
A RESELLER PURCHASES A
FOUR-FOOT WIDE COIL
OF HOT-ROLLED STEEL AND SLITS IT
INTO
FOUR
ONE-FOOT WIDE COILS OF HOT-ROLLED STEEL.)
(3)
IF
THE RESELLER, ETC., DOES FURTHER PROCESSING AND CHANGES
THE PRODUCT
INTO
A DIFFERENT CLASS
OR
KIND
OF MERCHANDISE, A
DEPOSIT OR BOND EQUAL TO
THE "ALL OTHER" RATE FOR THE
NEW CLASS
OR KIND
OF MERCHANDISE WILL
BE REQUIRED.
(E.G., IF
A RESELLER
GALVANIZED
HOT-ROLLED
COIL,
THE
"ALL
OTHERS"
RATE
FOR
CORROSION-RESISTANT STEEL WOULD APPLY.
6.
IF
THERE ARE
ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE
CONTACT
THE
IMPORT SPECIALIST DIVISION, OTHER
AGENCY BRANCH BY E-MAIL TO ATTRIBUTE "HQ
OAB".
OTHER INTERESTED
PARTIES SHOULD CONTACT DAVID GOLDBERGER, OR
STEVE
ALLEY, OFFICE
OF ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT
OF
COMMERCE
AT
(202) 482-4136
OR
(202) 482-5288 RESPECTIVELY FOR
EUROPEAN
CASES.
FOR ALL OTHER CASES, CONTACT EITHER RICHARD WEIBLE OR
ED
YANG, OFFICE OF AGREEMENTS COMPLIANCE, AT (202) 482-3793.
7.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
NANCY MCTIERNAN