MESSAGE NO: 3251112 DATE: 09 08 1993
CATEGORY: ADA TYPE: ORD
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 213 A - 570 - 214
- - - -
- - - -

PERIOD COVERED: 09 07 1993 TO

LIQ SUSPENSION DATE:

TO: REGIONAL DIRECTORS, COMMERCIAL OPERATIONS
DISTRICT DIRECTORS, AREA AND PORT DIRECTORS

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: ANTIDUMPING DUTY ORDER FOR COMPACT DUCTILE IRON WATERWORKS
(CDIW) FITTINGS AND GLANDS FROM THE PEOPLE'S REPUBLIC OF
CHINA (PRC)

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON SEPTEMBER 7, 1993, THE NOTICE OF ITS ANTIDUMPING DUTY ORDER ON
CDIW FITTINGS AND GLANDS FROM THE PRC.

2. THE MERCHANDISE SUBJECT TO THIS ANTIDUMPING DUTY ORDER IS 1)
CERTAIN COMPACT DUCTILE IRON WATERWORKS FITTINGS OF 3 TO 16
INCHES NOMINAL DIAMETER REGARDLESS OF SHAPE, INCLUDING BENDS,
TEES CROSSES, WYES, REDUCERS, ADAPTERS, AND OTHER SHAPES, WHETHER
OR NOT CEMENT LINE, AND WHETHER OR NOT COVERED WITH BITUMEN OR
SIMILAR SUBSTANCE, CONFORMING TO AMERICAN WATERWORKS
ASSOCIATION/AMERICAN STANDARD INSTITUTE (AWWA)(ANSI)
SPECIFICATION C153/A21.53, AND RATED FOR WATER WORKING PRESSURE
OF 350 PSI.; AND 2) CERTAIN CDIW STANDARD DUCTILE IRON GLANDS FOR
FITTINGS IN SIZES 3 TO 16 INCHES, CONFORMING TO AWWA/ANSI
SPECIFICATION C111/A21.11, AND RATED FOR WATER WORKING PRESSURE
OF 350 PSI. ALL ACCESSORY PACKS, INCLUDING ACCESSORY PACKS
CONTAINING GLANDS, ARE EXCLUDED FROM THIS ORDER.

THE TYPES OF CDIW FITTINGS COVERED BY THIS ORDER ARE COMPACT
DUCTILE IRON MECHANICAL JOINT WATERWORKS FITTINGS AND COMPACT
DUCTILE IRON PUSH-ON JOINT WATERWORKS FITTINGS, BOTH OF WHICH ARE
USED FOR THE SAME APPLICATIONS. CDIW FITTINGS ARE USED TO JOIN
WATER MAIN PRESSURE PIPES, VALVES, OR HYDRANTS IN STRAIGHT LINES,
AND CHANGE, DIVERT, DIVIDE, OR DIRECT THE FLOW OF RAW AND/OR
TREATED WATER IN PIPING SYSTEMS.
CDIW FITTINGS ATTACH TO THE PIPE, VALVE, OR HYDRANT AT A JOINT
AND ARE USED PRINCIPALLY FOR MUNICIPAL WATER DISTRIBUTION
SYSTEMS. CDIW GLANDS ARE USED TO JOIN MECHANICAL JOINT CDIW
FITTINGS TO PIPES.

CDIW FITTINGS WITH NOMINAL DIAMETERS GREATER THAN 16 INCHES,
ARE SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS ORDER.
NONMALLEABLE CAST IRON FITTINGS (ALSO CALLED GRAY IRON FITTINGS)
AND FULL-BODIED DUCTILE FITTINGS ARE ALSO SPECIFICALLY EXCLUDED
FROM THE SCOPE OF THIS ORDER. NONMALLEABLE CAST IRON FITTINGS
HAVE LITTLE DUCTILITY AND ARE GENERALLY RATED ONLY 150 TO 250
PSI. FULL-BODIED DUCTILE FITTINGS HAVE A LONGER BODY DESIGN THAN
A COMPACT FITTING BECAUSE IN THE COMPACT DESIGN THE STRAIGHT
SECTION OF THE BODY IS OMITTED TO PROVIDE A MORE COMPACT AND LESS
HEAVY FITTING WITHOUT REDUCING STRENGTH OR FLOW CHARACTERISTICS.
IN ADDITION, THE FULL-BODIED DUCTILE FITTINGS ARE THICKER WALLED
THAN THE COMPACT FITTINGS. FULL-BODIED FITTINGS ARE MADE OF
EITHER GRAY IRON OR DUCTILE IRON, IN SIZES OF 3 TO 48 INCHES,
CONFORM TO AWWA/ANSI SPECIFICATION C110/C21.10, AND ARE RATED TO
A MAXIMUM OF ONLY 250 PSI. IN ADDITION, COMPACT DUCTILE IRON
FLANGED FITTINGS ARE EXCLUDED FROM THE SCOPE OF THIS ORDER, AS
THEY HAVE SIGNIFICANTLY DIFFERENT CHARACTERISTICS AND USES THAN
CDIW FITTINGS.

CDIW FITTINGS ARE CLASSIFIABLE UNDER SUBHEADING
7307.19.30.00, OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED
STATES (HTSUS). STANDARD DUCTILE IRON GLANDS ARE CLASSIFIABLE
UNDER HTSUS SUBHEADING 7325.99.10.00.

ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE
AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF
THIS ORDER IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES, THIS CASE HAS BEEN ASSIGNED
THE FOLLOWING CASE NUMBER: A-570-820. THIS NUMBER SHOULD BE USED
WHEN DEALING WITH THE DEPARTMENT OF COMMERCE ONLY. FOR CUSTOMS
IDENTIFICATION PURPOSES THE FOLLOWING NUMBERS SHOULD BE USED:
A-570-213 (FITTINGS); A-570-214 (GLANDS).

4. THE INTERNATIONAL TRADE COMMISSION FOUND THAT A U.S.
INDUSTRY IS THREATENED WITH MATERIAL INJURY BY REASON OF IMPORTS
OF CDIW FITTINGS FROM THE PRC. HOWEVER, THE ITC STATED THAT IT
WOULD NOT HAVE FOUND MATERIAL INJURY BUT FOR THE SUSPESION OF
LIQUIDATION OF ENTRIES OF THE MERCHANDISE UNDER INVESTIGATION.
WHEN THE ITC FINDS THREAT OF MATERIAL INJURY, AND MAKES A
NEGATIVE "BUT FOR" FINDING, THE "SPECIAL RULE" PROVISION OF
SECTION 736(B)(2) APPLIES.
THE ITC ALSO DETERMINED THAT A U.S. INDUSTRY IS MATERIALLY
INJURED BY REASON OF IMPORTS OF CDIW GLANDS FROM THE PRC THAT ARE
SOLD IN THE UNITED STATES AT LESS THAN FAIR VALUE, BUT THEY
DETERMINED THAT CRITICAL CIRCUMSTANCES DID NOT EXIST. THE ITC
CONCLUDED THAT IMPORTS OF ACCESSORY PACKS, INCLUDING ACCESSORY
PACKS CONTAINING GLANDS, DO NOT THREATEN TO MATERIALLY INJURE,
MATERIALLY INJURE, OR MATERIALLY RETARD THE ESTABLISHMENT OF A
U.S. INDUSTRY, AND THUS ARE EXEMPTED FROM ASSESSMENT OF
ANTIDUMPING DUTIES.

5. REGADING ALL IRON WATERWORDS FITTINGS, ALL UNLIQUIDATED
ENTRIES FROM THE PRC ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER AUGUST 25, 1993, THE DATE ON WHICH THE
ITC PUBLISHED ITS NOTICE OF FINAL DETERMINATION OF THREAT OF
MATERIAL INJURY, WILL BE LIABLE FOR THE ASSESSMENT OF ANTIDUMPING
DUTIES. IN ADDITION, CUSTOMS OFFICERS SHALL TERMINATE THE
SUSPENSION OF LIQUIDATION FOR ENTRIES OF FITTINGS IMPORTED FROM
THE PRC AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
BEFORE AUGUST 25, 1993, AND RELEASE ANY BOND OR OTHER SECURITY
AND REFUND ANY CASH DEPOSIT, POSTED TO SECURE THE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES WITH RESPECT TO THESE ENTRIES.

ALL UNLIQUIDATED ENTRIES REGARDING CDIW GLANDS FROM THE PRC
ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
FEBRUARY 18, 1993, THE DATE ON WHICH THE DEPARTMENT PUBLISHED ITS
PRELIMINARY DETERMINATION, WILL BE LIABLE FOR THE ASSESSMENT OF
ANTIDUMPING DUTIES. CUSTOMS OFFICERS SHALL TERMINATE THE
SUSPENSION OF LIQUIDATION FOR ENTRIES OF GLANDS IMPORTED FROM THE
PRC AND ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION
BEFORE FEBRUARY 18, 1993 AND RELEASE ANY BOND OR OTHER SECURITY,
AND REFUND ANY CASH DEPOSIT, POSTED TO SECURE THE PAYMENT OF
ESTIMATED ANTIDUMPING DUTIES WITH RESPECT TO THESE ENTRIES.

REGARDING ACCESSORY PACKS, CUSTOMS OFFICERS SHALL TERMINATE THE
SUSPENSION OF LIQUIDATION, RELEASE ANY BOND OR OTHER SECURITY AND
REFUND ANY CASH DEPOSIT WITH RESPECT TO ENTRIES OF SUCH
MERCHANDISE, AND LIQUIDATE ALL ENTRIES OF ACCESSORY PACKS WITHOUT
THE ASSESSMENT OF ANTIDUMPING DUTIES.

CUSTOMS OFFICERS MUST REQUIRE, AT THE SAME TIME AS IMPORTERS
WOULD NORMALLY DEPOSIT ESTIMATED DUTIES, THE FOLLOWING CASH
DEPOSIT FOR THE SUBJECT MERCHANDISE:
MANUFACTURER/PRODUCER ID NO. WEIGHTED-AVERAGE
EXPORTER MARGIN PERCENTAGE

ALL MANUFACTURERS/PRODUCERS
EXPORTERS

FITTINGS A-570-213-000 127.38%

GLANDS A-570-214-000 127.38%

6. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, THEY SHOULD BE REFERRED TO THE TRADE COMPLIANCE
DIVISION, COUNTERVAILING/DUMPING BRANCH, CUSTOMS HEADQUARTERS VIA
E-MAIL ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT KATE JOHNSON OF THE OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, TELEPHONE
(202) 482-4929.

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

NANCY MCTIERNAN