MESSAGE NO: 6055212 DATE: 02 24 2006
CATEGORY: CVD TYPE: LIQ
REFERENCE: REFERENCE DATE:
CASES: C - 533 - 821 - -
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PERIOD COVERED: 01 01 2005 TO 12 31 2005

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: LIQUIDATION FOR CERTAIN HOT-ROLLED CARBON STEEL FLAT
PRODUCTS FROM INDIA (C-533-821) EXCEPT ESSAR


1. THE DEPARTMENT OF COMMERCE DID NOT RECEIVE A REQUEST FOR AN
ADMINISTRATIVE REVIEW OF THE COUNTERVAILING DUTY ORDER ON CERTAIN
HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA (C-533-821) FOR
THE PERIOD 1/1/2005 THROUGH 12/31/2005 EXCEPT FOR THE COMPANY
IDENTIFIED IN PARAGRAPH 3 BELOW.

2. THE MERCHANDISE SUBJECT TO THIS ORDER IS CERTAIN HOT-ROLLED
CARBON STEEL FLAT PRODUCTS OF A RECTANGULAR SHAPE, OF A WIDTH OF
0.5 INCH OR GREATER, NEITHER CLAD, PLATED, NOR COATED WITH METAL
AND WHETHER OR NOT PAINTED, VARNISHED, OR COATED WITH PLASTICS OR
OTHER NON-METALLIC SUBSTANCES, IN COILS (WHETHER OR NOT IN
SUCCESSIVELY SUPERIMPOSED LAYERS), REGARDLESS OF THICKNESS, AND
IN STRAIGHT LENGTHS, OF A THICKNESS OF LESS THAN 4.75 MM AND OF A
WIDTH MEASURING AT LEAST 10 TIMES THE THICKNESS. UNIVERSAL MILL
PLATE (I.E., FLAT-ROLLED PRODUCTS ROLLED ON FOUR FACES OR IN A
CLOSED BOX PASS, OF A WIDTH EXCEEDING 150 MM, BUT NOT EXCEEDING
1250 MM, AND OF A THICKNESS OF NOT LESS THAN 4 MM, NOT IN COILS
AND WITHOUT PATTERNS IN RELIEF) OF A THICKNESS NOT LESSTHAN 4.0
MM IS NOT INCLUDED WITHIN THE SCOPE OF THIS ORDER.

SPECIFICALLY INCLUDED WITHIN THE SCOPE OF THIS ORDER ARE VACUUM
DEGASSED, FULLY STABILIZED (COMMONLY REFERRED TO AS INTERSTITIAL-
FREE (IF)) STEELS, HIGH STRENGTH LOW ALLOY (HSLA) STEELS, AND THE
SUBSTRATE FOR MOTOR LAMINATION STEELS. IF STEELS ARE RECOGNIZED
AS LOW CARBON STEELS WITH MICRO-ALLOYING LEVELS OF ELEMENTS SUCH
AS TITANIUM OR NIOBIUM (ALSO COMMONLY REFERRED TO AS COLUMBIUM),
OR BOTH, ADDED TO STABILIZE CARBON AND NITROGEN ELEMENTS. HSLA
STEELS ARE RECOGNIZED AS STEELS WITH MICRO-ALLOYING LEVELS OF
ELEMENTS SUCH AS CHROMIUM, COPPER, NIOBIUM, VANADIUM, AND
MOLYBDENUM. THE SUBSTRATE FOR MOTOR LAMINATION STEELS CONTAINS
MICRO-ALLOYING LEVELS OF ELEMENTS SUCH AS SILICON AND ALUMINUM.

STEEL PRODUCTS TO BE INCLUDED IN THE SCOPE OF THIS ORDER,
REGARDLESS OF DEFINITIONS IN THE HARMONIZED TARIFF SCHEDULE OF
THE UNITED STATES (HTSUS), ARE PRODUCTS IN WHICH:
A) IRON PREDOMINATES, BY WEIGHT, OVER EACH OF THE OTHER CONTAINED
ELEMENTS;
B) THE CARBON CONTENT IS 2 PERCENT OR LESS, BY WEIGHT; AND
C) NONE OF THE ELEMENTS LISTED BELOW EXCEEDS THE QUANTITY, BY
WEIGHT, RESPECTIVELY INDICATED:

1.80 PERCENT OF MANGANESE, OR
2.25 PERCENT OF SILICON, OR
1.00 PERCENT OF COPPER, OR
0.50 PERCENT OF ALUMINUM, OR
1.25 PERCENT OF CHROMIUM, OR
0.30 PERCENT OF COBALT, OR
0.40 PERCENT OF LEAD, OR
1.25 PERCENT OF NICKEL, OR
0.30 PERCENT OF TUNGSTEN, OR
0.10 PERCENT OF MOLYBDENUM, OR
0.10 PERCENT OF NIOBIUM, OR
0.15 PERCENT OF VANADIUM, OR
0.15 PERCENT OF ZIRCONIUM.

ALL PRODUCTS THAT MEET THE PHYSICAL AND CHEMICAL DESCRIPTION
PROVIDED ABOVE ARE WITHIN THE SCOPE OF THIS ORDER UNLESS
OTHERWISE EXCLUDED. THE FOLLOWING PRODUCTS, BY WAY OF EXAMPLE,
ARE OUTSIDE OR SPECIFICALLY EXCLUDED FROM THE SCOPE OF THIS
ORDER: ALLOY HOT-ROLLED STEEL PRODUCTS IN WHICH AT LEAST ONE OF
THE CHEMICAL ELEMENTS EXCEEDS THOSE LISTED ABOVE (INCLUDING,
E.G., AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM)
SPECIFICATIONS A543, A387, A514, A517, A506); SOCIETY OF
AUTOMOTIVE ENGINEERS (SAE)/AMERICAN IRON & STEEL INSTITUTE (AISI)
GRADES OF SERIES 2300 AND HIGHER; BALL BEARINGS STEELS (AS
DEFINED IN THE HTSUS); TOOL STEELS (AS DEFINED IN THE HTSUS),
SILICO-MANGANESE (AS DEFINED IN THE HTSUS) OR SILICON ELECTRICAL
STEEL WITH A SILICON LEVEL EXCEEDING 2.25 PERCENT; ASTM
SPECIFICATIONS A710 AND A736; USS ABRASION-RESISTANT STEELS (USS
AR 400, USS AR 500); ALL PRODUCTS (PROPRIETARY OR OTHERWISE)
BASED ON AN ALLOY ASTM SPECIFICATION (SAMPLE SPECIFICATIONS: ASTM
A506, A507); NON-RECTANGULAR SHAPES, NOT IN COILS, WHICH ARE THE
RESULT OF HAVING BEEN PROCESSED BY CUTTING OR STAMPING AND WHICH
HAVE ASSUMED THE CHARACTER OF ARTICLES OR PRODUCTS CLASSIFIED
OUTSIDE CHAPTER 72 OF THE HTSUS.

THE MERCHANDISE SUBJECT TO THIS ORDER IS CURRENTLY CLASSIFIABLE
UNDER SUBHEADINGS 7208.10.15.00, 7208.10.30.00, 7208.10.60.00,
7208.25.30.00, 7208.25.60.00, 7208.26.00.30, 7208.26.00.60,
7208.27.00.30, 7208.27.00.60, 7208.36.00.30, 7208.36.00.60,
7208.37.00.30, 7208.37.00.60, 7208.38.00.15, 7208.38.00.30,
7208.38.00.90, 7208.39.00.15, 7208.39.00.30, 7208.39.00.90,
7208.40.60.30, 7208.40.60.60, 7208.53.00.00, 7208.54.00.00,
7208.90.00.00, 7211.14.00.90, 7211.19.15.00, 7211.19.20.00,
7211.19.30.00, 7211.19.45.00, 7211.19.60.00, 7211.19.75.30,
7211.19.75.60, AND 7211.19.75.90 OF THE HTSUS. CERTAIN HOT-
ROLLED CARBON STEEL FLAT PRODUCTS COVERED BY THIS ORDER,
INCLUDING VACUUM DEGASSED FULLY STABILIZED, HIGH STRENGTH LOW
ALLOY, AND THE SUBSTRATE FOR MOTOR LAMINATION STEEL, MAY ALSO
ENTER UNDER THE FOLLOWING TARIFF NUMBERS: 7225.11.00.00,
7225.19.00.00, 7225.30.30.50, 7225.30.70.00, 7225.40.70.00,
7225.99.00.90, 7226.11.10.00, 7226.11.90.30, 7226.11.90.60,
7226.19.10.00, 7226.19.90.00, 7226.91.50.00, 7226.91.70.00,
7226.91.80.00, and 7226.99.00.00. SUBJECT MERCHANDISE MAY ALSO
ENTER UNDER 7210.70.30.00, 7210.90.90.00, 7211.14.00.30,
7212.40.10.00, 7212.40.50.00, AND 7212.50.00.00. ALTHOUGH THE
HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND U.S. CUSTOMS
AND BORDER PROTECTION (CBP) PURPOSES, THE DEPARTMENT'S WRITTEN
DESCRIPTION OF THE SUBJECT MERCHANDISE 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 ENTERED OR WITHDRAWN FROM WAREHOUSE ON OR AFTER
1/1/2005 AND ON OR BEFORE 12/31/2005 EXCEPT FOR MERCHANDISE
EXPORTED BY ESSAR STEEL LTD (ESSAR) (C-533-821-002).

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

CERTAIN HOT-ROLLED CARBON STEEL FLAT PRODUCTS FROM INDIA

MFR/PRODUCER/ CUSTOMS ID
EXPORTER NUMBER PERIOD PERCENT

STEEL AUTHORITY C-533-821-001 1/01/2005-12/31/2005 18.27%
OF INDIA LTD.(SAIL)

ISPAT INDUSTRIES C-533-821-003 1/01/2005-12/31/2005 31.89%
LTD. (ISPAT)

TATA IRON AND STEEL C-533-821-004 1/01/2005-12/31/2005 9.17%
CO. LTD. (TISCO)

JINDAL VIJAYNAGAR C-533-821-005 1/01/2005-12/31/2005 16.10%
LTD.

ALL OTHERS C-533-821-000 1/01/2005-12/31/2005 16.10%
5. THE ASSESSMENT OF COUNTERVAILING DUTIES BY THE 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.

6. THE SUSPENSION OF LIQUIDATION ORDERED FOR THE MERCHANDISE
LISTED ABOVE EXPORTED ON OR AFTER 1/1/2005 AND ON OR BEFORE
12/31/2005 IS LIFTED FOR THE MANUFACTURERS LISTED IN PARAGRAPH 4.
DO NOT LIQUIDATE ENTRIES MANUFACTURED BY ESSAR STEEL LTD.
(C-533-821-002) UNTIL INSTRUCTIONS ARE SENT. THE SUSPENSION OF
LIQUIDATION FOR ALL SHIPMENTS OF THE MERCHANDISE LISTED ABOVE
EXPORTED AFTER 12/31/2005 WILL CONTINUE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC AND INTERESTED PARTIES, CONTACT
DAVINA HASHIMI OR RON TRENTHAM AT THE OFFICE OF CVD/AD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, (202) 482-0984 OR
(202) 482- 4793. (GENERATED BY O3:GL).

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

CATHY SAUCEDA