MESSAGE NO: 4175112 DATE: 06 24 1994
CATEGORY: ADA TYPE: INF
REFERENCE: 2326115 REFERENCE DATE: 11 22 1991
CASES: A - 401 - 603 A - 401 - 206
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PERIOD COVERED: 06 24 1994 TO

LIQ SUSPENSION DATE:

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

FROM: DIRECTOR, TRADE COMPLIANCE DIVISION

RE: STAINLESS STEEL HOLLOW PRODUCTS FROM SWEDEN
(A-401-603, A401-206)


1. Background

On October 9, 1987, the U.S. Department of Commerce
(Department) published in the Federal Register (52 FR 37810)
the final determination of its investigation of sales at
less-than-fair-value (LTFV) of stainless steel hollow products
(SSHP) from Sweden. On November 25, 1987, the U.S.
International Trade Commission (ITC) published in the Federal
Register (52 FR 45256) its final determination in which it
found that imports of seamless SSHP were causing material
injury to the U.S. industry, but that imports of welded SSHP
were not causing injury, or threatening to cause injury, to
the U.S. industry. Therefore, on December 3, ,1987, the
Department published in the Federal Register (52 FR 45985) the
antidumping duty order on SSHP from Sweden, case number
A-401-603, which covered only imports of seamless SSHP.

Subsequently, the U.S. industry challenged the ITC's negative
determination with respect to imports of welded SSHP before
the U.S. Court of Internation Trade (CIT), which on
June 20, 1990, remanded the determination back to the ITC.
Upon remand, the ITC did find that the U.S. industry was
materially injured by imports of welded SSHP from Sweden,
which the CIT affirmed on November 27, 1990. Accordingly, the
Department published in the Federal Register on
December 17, 1990, (55 FR 51745) a notification of the CIT's
decision along with instructions, effective December 17, 1990,
that the liquidation of entries of welded SSHP from Sweden
would be suspended pending possible appeal of the CIT's
affirmation of the ITC remand and subsequent amendment of the
antiduming duty order.

The CIT's affirmation of the ITC remand was appealled to the
Court of Appeals for the Federal Circuit (CAFC), and on
September 8, 1992, the CAFC upheld the CIT's decision.
Accordingly, the ITC published in the Federal Register on
September 16, 1992, (57 FR 42761) its final affirmative
determination of injury, made pursuant to court remand, for
the antidumping duty investigation of welded SSHP from Sweden.
Subsequently, the Department publsihed in the Federal Register
on November 5, 1992, (57 FR 52761) an amended antidumping duty
order on SSHP from Sweden in order to include welded, along
with seamless, SSHP in the scope of the order. Furthermore,
as stated in the amended order as well as in the original LTFV
investigation, the Department considered, and continues to
consider, welded and seamless SSHP to be a single class or
kind of merchandise.

2. Currently, there are two case numbers in the ACS AD Module for
this case, A-401-603, the original case number, and A-401-206.
The second case number, which is for "Welded SSHP," appears to
have been created after the CIT's affirmation of the ITC's
remand when the Department instructed Customs to start to
suspend liquidation of entries of welded SSHP from Sweden.
Furthermore, the original case number, A-401-603, only covers
entries of seamless SSHP, the scope of the original
antidumping duty order. Nevertheless, A-401-603 is the only
case number which the Department has used in reference to this
antidumping duty order in its correspondence and Federal
Register notices, whereas A-401-206 exists only in the AD
Module and in e-mail message #2326115 (November 22, 1991),
which transmitted the CIT's affirmation of the ITC remand to
the Customs regional and district offices.


3. Because the Department has always maintained that seamless and
welded SSHP constitute a single class or kind of merchandise,
there should therefore be a single case number which both the
Department and Customs use to refer to this order. As a first
step in combining these two case numbers in the AD Module
(i.e. to eliminate A-401-206), the suspension of liquidation
of all future entries of both seamless and welded SSHP from
Sweden should be made under the original case number,
A-401-603. The Department will update the AD Module to
include the Harmonized Tariff Schedule numbers for welded SSHP
under case number A-401-603.

4. No liquidation of suspended entries under case number
A-401-206 or A-401-603 should be made at this time. The
Department will issue liquidation instructions for these
entries at some future date.

5. If there are any questions regarding this matter by Customs
officers, please contact via e-mail, through the Regional
Antidumping/Countervailing Duty Coordinator, the Trade
Compliance Division, Countervailing/Antidumping Branch, using
attribute "HQ OAB." Other interested parties should contact
Charles Vannatta at (202) 482-5253 in the Office of
Antidumping Compliance, Import Administration, International
Trade Administration, U.S. Department of Commerce.

6. There are no restrictions on the release of this information.



Nancy McTiernan