MESSAGE NO: 3311113 DATE: 11 06 1992
CATEGORY: ADA TYPE: COR
REFERENCE: REFERENCE DATE:
CASES: A - 401 - 603 - -
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PERIOD COVERED: 11 05 1992 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, IMPORT SPECIALIST DIVISION

RE: AMENDMENT TO ANTIDUMPING DUTY ORDER OF STAINLESS STEEL
HOLLOW PRODUCTS FROM SWEDEN
(110592 IS FED REG PUBLICATION DATE)

1. THE DEPARTMENT OF COMMERCE WILL PUBLISH IN THE FEDERAL
REGISTER ON NOVEMBER 5, 1992, THE NOTICE OF AN AMENDED
ANTIDUMPING DUTY ORDER OF STAINLESS STEEL HOLLOW PRODUCTS FROM
SWEDEN (A-401-603).

2. THE PRODUCTS COVERED BY THIS ORDER ARE CERTAIN STAINLESS
STEEL HOLLOW PRODUCTS INCLUDING PIPES, TUBES, HOLLOW BARS AND
BLANKS THEREFOR, OF CIRCULAR CROSS-SECTION, CONTAINING OVER 11.5
PERCENT CHROMIUM BY WEIGHT. PRIOR TO JANUARY 1. 1988, THESE
PRODUCTS WERE CLASSIFIED UNDER TARIFF SCHEDULES OF THE UNITED
STATES ANNOTATED (TSUSA) ITEM NUMBERS 610.3701, 610.3727,
610.3741, 610.3742, 610.5130, 610.5202, 610.5229, 610.5230, AND
610.5231. THESE PRODUCTS ARE NOW CLASSIFIED UNTER HARMONIZED
TARIFF SCHEDULE OF THE UNITED STATES (HTS) SUBHEADINGS
7304.41.00, 7304.49.00, 7306.40.10, AND 7306.40.50. ALTHOUGH THE
TSUSA ITEM NUMBERS AND HTS SUBHEADINGS ARE PROVIDED FOR
CONVENIENCE AND CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE
SCOPE OF THIS PROCEEDING IS DISPOSITIVE.


3. ON OCTOBER 9, 1987, THE DEPARTMENT PUBLISHED ITS FINAL
DETERMINATION OF SALES AT LESS THAN FAIR VALUE: STAINLESS STEEL
HOLLOW PRODUCTS FROM SWEDEN. THE SCOPE OF THAT DETERMINATION
INCLUDED BOTH SEAMLESS AND WELDED STAINLESS STEEL HOLLOW PRODUCTS
(SSHP). ON NOVEMBER 18, 1987, THE INTERNATIONAL TRADE COMMISSION
(ITC) NOTIFIED THE DEPARTMENT THAT IMPORTS OF SEAMLESS SSHP WERE
MATERIALLY INJURING A U.S. INDUSTRY. THE ITC ALSO FOUND THAT
IMPORTS OF WELDED SSHP WERE NEITHER MATERIALLY INJURING, NOR
THREATENING MATERIAL INJURY TO, A U.S. INDUSTRY. AS A RESULT, ON
DECEMBER 3, 1987, WE PUBLISHED AN ANTIDUMPING DUTY ORDER AND
AMENDED FINAL DETERMINATION (CORRECTED FOR CLERICAL ERRORS) ON
SEAMLESS SSHP. WE ALSO TERMINATED THE SUSPENSION OF LIQUIDATION
ON WELDED SSHP.

ON NOVEMBER 27, 1990, THE UNITED STATES COURT OF INTERNATIONAL
TRADE (CIT) AFFIRMED THE ITC"S AMENDED DETERMINATION UPON REMAND
THAN AN INDUSTRY IN THE UNITED STATES IS MATERIALLY INJURED BY
REASON OF IMPORTS OF WELDED SSHP FROM SWEDEN. ON DECEMBER 7,
1990, IN ACCORDANCE WITH THE DECISION OF THE COURT OF APPEALS FOR
THE FEDERAL CIRCUIT (CAFC), THE DEPARTMENT ORDERED THE SUSPENSION
OF LIQUIDATION OF WELDED SSHP. AT THAT TIME, WE STATED THAT WE
WOULD ISSUE AN ANTIDUMPING DUTY ORDER ON THAT PRODUCT IF THE
CIT'S DECISION WAS AFFIRMED, OR NOT APPEALED.

THE CIT'S DECISION HAVING BEEN AFFIRMED BY THE CAFC, ON SEPTEMBER
8, 1992, THE ITC ISSUED A NOTICE OF ITS FINAL AFFIRMATIVE
DETERMINATION OF INJURY, MADE PURSUANT TO COURT REMAND, IN THE
ANTIDUMPING DUTY INVESTIGATION OF WELDED SSHP FROM SWEDEN.

GIVEN THAT THE CLASS OR KIND OR MERCHANDISE INVESTIGATED BY THE
DEPARTMENT INCLUDED BOTH SEAMLESS AND WELDED SSHP, WE ARE
AMENDING THE ORIGINAL ORDER (WHICH COVERED ONLY SEAMLESS SSHP) TO
NOW INCLUDE WELDED SSHP AS WELL.

4. THEREFORE, IN ACCORDANCE WITH SECTION 736 OF THE ACT, THE
DEPARTMENT WILL DIRECT THE CUSTOMS SERVICE TO CONTINUE TO ASSESS,
UPON FURTHER ADVICE BY THE ADMINISTERING AUTHORITY, ANTIDUMPING
DUTIES EQUAL TO THE AMOUNT BY WHICH THE FOREIGN MARKET VALUE OF
THE MERCHANDISE EXCEEDS THE UNITED STATES PRICE FOR ALL ENTRIES
OF SSHP FROM SWEDEN. THESE ANTIDUMPING DUTIES WILL BE ASSESSED
ON ALL ENTRIES OF SEAMLESS SSHP FROM SWEDEN ENTERED, OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER MAY 22, 1987, AND ON
ALL ENTRIES OF WELDED SSHP FROM SWEDEN ENTERED, OR WITHDRAWN FROM
WAREHOUSE, FOR CONSUMPTION ON OR AFTER DECEMBER 17, 1990.
CUSTOMS OFFICERS MUST REQUIRE, AT THE SAME TIME AS IMPORTERS
WOULD NORMALLY DEPOSIT ESTIMATED DUTIES, A CASH DEPOSIT EQUAL TO
THE ESTIMATED WEIGHTED-AVERAGE ANTIDUMPING DUTY MARGINS AS
FOLLOWS:


MANUFACTURER/PRODUCER CUSTOMS IDENTIFICATION PRELIM MARGIN
EXPORTER NUMBER PERCENTAGE

SANDVIK, AB A-401-603-001 2.21

AVESTA SANDVIK TUBE AB A-401-603-002 34.50

ALL OTHERS A-401-603-000 2.21

THE WEIGHTED-AVERAGE MARGINS FOR SANDVIK, AB AND "ALL OTHERS"
ARE THOSE ESTABLISHED IN THE FINAL RESULTS OF THE THIRD
ADMINISTRATIVE REVIEW FOR SSHP FROM SWEDEN. GIVEN THAT EXPORTS
OF AVESTA SANDVIK TUBE AB HAVE NOT BEEN EXAMINED IN ANY
ADMINISTRATIVE REVIEW, ITS WEIGHTED-AVERAGE MARGIN IS THE ONE
ESTABLISHED IN THE ORIGINAL FINAL DETERMINATION OF SSHP FROM
SWEDEN.

5. IF THERE ARE ANY FURTHER QUESTIONS REGARDING THIS MATTER BY
CUSTOMS OFFICERS. THEY SHOULD BE REFERRED TO THE IMPORT
SPECIALISTS DIVISION, OTHER AGENCY BRANCH, CUSTOMS HEADQUARTERS,
BY E-MAIL TO ATTRIBUTE "HQ OAB". THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT GARY TAVERMAN, OFFICE OF
ANTIDUMPING INVESTIGATIONS, IMPORT ADMINISTRATION, INTERNATIONAL
TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE AT (202)
482-0161.

6. THERE ARE NO RESTRICTIONS ON DISCLOSING THE ABOVE INFORMATION.

NANCY MCTIERNAN