MESSAGE NO: 4224208 DATE: 08 11 2004
CATEGORY: CVD TYPE: LIQ
REFERENCE: 3136202 REFERENCE DATE: 05 16 2003
CASES: C - 791 - 806 - -
- - - -
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PERIOD COVERED: 01 01 2003 TO 12 31 2003

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION INSTRUCTIONS FOR STAINLESS STEEL PLATE IN
COILS FROM SOUTH AFRICA (C-791-806).



1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON
STAINLESS STEEL PLATE IN COILS FROM SOUTH AFRICA (C-791-806) FOR
THE PERIOD 1/1/2003 THROUGH 12/31/2003.

2. THE PRODUCT COVERED BY THIS ORDER IS CERTAIN STAINLESS STEEL
PLATE IN COILS FROM SOUTH AFRICA. STAINLESS STEEL IS AN ALLOY
STEEL CONTAINING, BY WEIGHT, 1.2 PERCENT OR LESS OF CARBON AND
10.5 PERCENT OR MORE OF CHROMIUM, WITH OR WITHOUT OTHER ELEMENTS.
THE SUBJECT PLATE PRODUCTS ARE FLAT-ROLLED PRODUCTS, 254 MM OR
OVER IN WIDTH AND 4.75 MM OR MORE IN THICKNESS, IN COILS, AND
ANNEALED OR OTHERWISE HEAT TREATED AND PICKLED OR OTHERWISE
DESCALED. THE SUBJECT PLATE MAY ALSO BE FURTHER PROCESSED (E.G.,
COLD-ROLLED, POLISHED, ETC.) PROVIDED THAT IT MAINTAINS THE
SPECIFIED DIMENSIONS OF PLATE FOLLOWING SUCH PROCESSING. EXCLUDED
FROM THE SCOPE OF THIS ORDER ARE THE FOLLOWING: (1) PLATE NOT IN
COILS, (2) PLATE THAT IS NOT ANNEALED OR OTHERWISE HEAT TREATED
AND PICKLED OR OTHERWISE DESCALED, (3) SHEET AND STRIP, AND (4)
FLAT BARS.

PRIOR TO MARCH 11, 2003, (SEE 68 FR 11524), CERTAIN COLD-ROLLED
STAINLESS STEEL PLATE IN COILS WAS ALSO EXCLUDED FROM THE SCOPE
OF THIS ORDER. THE EXCLUDED COLD-ROLLED STAINLESS STEEL PLATE IN
COILS IS DEFINED AS THAT MERCHANDISE WHICH MEETS THE PHYSICAL
CHARACTERISTICS DESCRIBED ABOVE THAT HAS UNDERGONE A COLD-
REDUCTION PROCESS THAT REDUCED THE THICKNESS OF THE STEEL BY 25
PERCENT OR MORE, AND HAS BEEN ANNEALED AND PICKLED AFTER THIS
COLD REDUCTION PROCESS. MESSAGE 3136202 DATED 5/16/2003 PROVIDES
THE AMENDED SCOPE, WHICH BECAME EFFECTIVE MARCH 11, 2003.

THE MERCHANDISE SUBJECT TO THIS ORDER IS CURRENTLY CLASSIFIABLE
IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS) AT
SUBHEADINGS: 7219.11.00.30, 7219.11.00.60, 7219.12.00.05,
7219.12.00.20, 7219.12.00.25, 7219.12.00.50, 7219.12.00.55,
7219.12.00.65, 7219.12.00.70, 7219.12.00.80, 7219.31.00.10,
7219.90.00.10, 7219.90.00.20, 7219.90.00.25, 7219.90.00.60,
7219.90.00.80, 7220.11.00.00, 7220.20.10.10, 7220.20.10.15,
7220.20.10.60, 7220.20.10.80, 7220.20.60.05, 7220.20.60.10,
7220.20.60.15, 7220.20.60.60, 7220.20.60.80, 7220.90.00.10,
7220.90.00.15, 7220.90.00.60, AND 7220.90.00.80. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS
PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE ORDER IS
DISPOSITIVE.

3. THEREFORE, IN ACCORDANCE WITH SECTION 351.212(c) OF THE
COMMERCE REGULATIONS, YOU ARE TO ASSESS COUNTERVAILING DUTIES AT
RATES EQUAL TO THE CASH DEPOSIT OF ESTIMATED COUNTERVAILING
DUTIES REQUIRED AT THE TIME OF ENTRY ON THE SPECIFIED SUBJECT
MERCHANDISE EXPORTED ON OR AFTER 1/1/2003 AND ON OR BEFORE
12/31/2003.

4. THE RATES OF ESTIMATED COUNTERVAILING DUTIES WHICH WERE
REQUIRED TO BE DEPOSITED ARE:


MANUFACTURERS CASE NUMBER PERIOD RATE

COLUMBUS STAINLESS C-791-806-001 1/1/2003-12/31/2003 3.95%

ALL OTHER FIRMS C-791-806-000 1/1/2003-12/31/2003 3.95%

5. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR BEFORE 12/31/2003 IS LIFTED. THE
SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE
LISTED ABOVE EXPORTED AFTER 12/31/2003 WILL CONTINUE.

6. THE ASSESSMENT OF COUNTERVAILING DUTIES BY U.S. CUSTOMS AND
BORDER PROTECTION (CBP) ON SHIPMENTS OR ENTRIES OF THIS
MERCHANDISE IS SUBJECT TO THE PROVISIONS OF SECTION 778 OF THE
TARIFF ACT OF 1930. SECTION 778 REQUIRES THAT CBP PAY INTEREST
ON OVERPAYMENTS OR ASSESS INTEREST ON UNDERPAYMENTS, OF THE
REQUIRED AMOUNTS DEPOSITED AS ESTIMATED COUNTERVAILING DUTIES.
THE INTEREST PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS
POSTED AS ESTIMATED COUNTERVAILING DUTIES BEFORE THE DATE OF
PUBLICATION OF THE COUNTERVAILING DUTY ORDER. INTEREST SHALL BE
CALCULATED FROM THE ENTRY DATE OR DATE OF DEPOSIT WHICHEVER IS
LATER, OR ESTIMATED COUNTERVAILING DUTIES THROUGH THE DATE OF
LIQUIDATION. THE RATE AT WHICH SUCH INTEREST IS PAYABLE IS THE
RATE IN EFFECT UNDER SECTION 6621 OF THE INTERNAL REVENUE CODE OF
1954 FOR SUCH PERIOD.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC AND INTERESTED PARTIES SHOULD
CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
(202) 482-0984 OR (202) 482-3577 RESPECTIVELY. (GENERATED BY
03:GL).

8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

CATHY SAUCEDA