MESSAGE NO: 8030113 DATE: 01 30 1998
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 570 - 849 - -
- - - -
- - - -

PERIOD COVERED: 10 24 1997 TO

LIQ SUSPENSION DATE:

TO: CMC DIRECTORS,
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: SUSPENSION AGREEMENT INSTRUCTIONS FOR CUT-TO-LENGTH
CARBON STEEL PLATE FROM PEOPLE'S REPUBLIC OF CHINA
(A-570-819)

1. THESE INSTRUCTIONS ARE IN REFERENCE TO THE SUSPENDED
ANTIDUMPING INVESTIGATIONS ON CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM THE PEOPLE'S REPUBLIC OF CHINA ("PRC") (A-
570-849). PLEASE DIRECT PARTICULAR ATTENTION TO
INSTRUCTIONS IN PARAGRAPHS 2 AND 3.

2. SUSPENSION OF ANTIDUMPING INVESTIGATION

ON OCTOBER 24, 1997, THE DEPARTMENT OF COMMERCE (THE
DEPARTMENT) CONCLUDED AN AGREEMENT WITH THE PEOPLE'S
REPUBLIC OF CHINA (PRC) SUSPENDING THE ANTIDUMPING
INVESTIGATION ON CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE
FROM THIS COUNTRY. ALL IMPORTS OF SUBJECT CUT-TO-LENGTH
CARBON STEEL PLATE EXPORTED DIRECTLY OR INDIRECTLY FROM THE
PRC ARE NOW SUBJECT TO PRICE AND QUANTITATIVE LIMITATIONS
PURSUANT TO THE AGREEMENT.

FOR PURPOSES OF THIS AGREEMENT, "UNITED STATES" SHALL
COMPRISE THE CUSTOMS TERRITORY OF THE UNITED STATES OF
AMERICA (THE 50 STATES, THE DISTRICT OF COLOMBIA AND PUERTO
RICO) AND FOREIGN TRADE ZONES LOCATED IN THE TERRITORY OF
THE UNITED STATES OF AMERICA.

3. DISCONTINUE SUSPENSION OF LIQUIDATION

EFFECTIVE OCTOBER 24, 1997, THE U.S. CUSTOMS SERVICE SHALL
DISCONTINUE SUSPENSION OF LIQUIDATION OF ANY ENTRIES OF
SUBJECT MERCHANDISE FROM THE PRC. ANY CASH DEPOSITS OF
ENTRIES OF SUBJECT MERCHANDISE FROM THE PRC, PURSUANT TO THE
DEPARTMENT'S SUSPENSION OF LIQUIDATION INSTRUCTIONS SHALL BE
REFUNDED AND ANY BONDS SHALL BE RELEASED.

4. CONDITIONS FOR ENTRY RELEASE

EFFECTIVE OCTOBER 24, 1997, ENTRY RELEASE SHALL BE PERMITTED
FOR THE SUBJECT MERCHANDISE ONLY UPON PRESENTATION OF THE
FOLLOWING DOCUMENTATION:

A) EXPORT LICENSE/CERTIFICATE OF ORIGIN

THE UNITED STATES SHALL REQUIRE PRESENTATION OF AN
EXPORT LICENSE AS A CONDITION OF ENTRY OF SUBJECT
MERCHANDISE INTO THE UNITED STATES FOR DIRECT AND
INDIRECT EXPORTS FROM THE PRC. THE UNITED STATES WILL
PROHIBIT THE ENTRY OF ANY SUBJECT MERCHANDISE NOT
ACCOMPANIED BY AN EXPORT LICENSE. THE UNITED STATES
WILL ALSO PROHIBIT THE ENTRY OF SUBJECT MERCHANDISE OF
GRADES OTHER THAN THOSE SPECIFIED BELOW:

FOR EXPORTS FROM THE: ASTM GRADE A36
PEOPLE'S REPUBLIC OF CHINA

UNTIL FURTHER NOTICE, NO GRADES OF SUBJECT MERCHANDISE
OTHER THAN THOSE SPECIFIED ABOVE FOR THE PRC MAY BE
ENTERED INTO THE UNITED STATES.

AN EXPORT LICENSE/CERTIFICATE OF ORIGIN, ISSUED BY THE
GOVERNMENT OF THE PRC MUST ACCOMPANY ALL IMPORTS OF
SUBJECT MERCHANDISE EXPORTED DIRECTLY OR INDIRECTLY
FROM THE PRC. THE EXPORT LICENSE/CERTIFICATE OF ORIGIN
MUST BE STAMPED, SIGNED, AND DATED BY THE MINISTRY OF
FOREIGN TRADE & ECONOMIC COOPERATION ("MOFTEC") AND
ISSUED NO EARLIER THAN NINETY DAYS BEFORE THE DAY,
MONTH, AND YEAR ON WHICH THE MERCHANDISE IS ACCEPTED BY
A TRANSPORTATION COMPANY, AS INDICATED BY THE BILL OF
LADING OR A COMPARABLE TRANSPORTATION DOCUMENT.

THE EXPORT LICENSE/CERTIFICATE OF ORIGIN SHALL INCLUDE
THE FOLLOWING INFORMATION: 1) EXPORT LICENSE NUMBER OR
CERTIFICATE OF ORIGIN NUMBER, 2) A COMPLETE DESCRIPTION
OF THE PRODUCT EXPORTED (INCLUDING THE 10-DIGIT HTS
CLASSIFICATION AND THE ASTM OR EQUIVALENT GRADE), 3)
QUANTITY EXPRESSED IN METRIC TONS, 4) F.O.B. SALES
VALUE, INDICATING CURRENCY USED, 5) UNIT PRICE, 6) DATE
OF SALE, 7) SALES ORDER NUMBER, 8) DATE OF EXPORT, 9)
DATE OF ENTRY (IF KNOWN), 10) IMPORTER OF RECORD (IF
KNOWN), 11) TRADING COMPANY, 12) CUSTOMER, 13) CUSTOMER
RELATIONSHIP (IF ANY), 14) QUOTA ALLOCATED TO EXPORTER,
15) QUOTA REMAINING, AND 16) FINAL DESTINATION (IF
KNOWN). IF ANY OF THIS LANGUAGE IS NOT IN ENGLISH, THE
EXPORT LICENSE/CERTIFICATE OF ORIGIN MUST BE
ACCOMPANIED BY AN ENGLISH LANGUAGE TRANSLATION.

IF THE CUSTOMER/IMPORTER OF RECORD OF THE EXPORT
LICENSE/CERTIFICATE OF ORIGIN DOES NOT MATCH THE
IMPORTER OF RECORD ON THE CUSTOMS FORM 7501, THE
IMPORTER OF RECORD MUST PROVIDE WRITTEN DOCUMENTATION
FROM THE CUSTOMER/IMPORTER OF RECORD LISTED ON THE
EXPORT LICENSE/CERTIFICATE OF ORIGIN IDENTIFYING THE
IMPORTER OF RECORD ON THE CUSTOMS FORM 7501.

B) SPECIAL INSTRUCTIONS

PLEASE NOTE THAT THE WORD "QUOTA" APPEARS IN THE
SUSPENSION AGREEMENT AND IS ALSO USED THROUGHOUT THESE
IMPLEMENTING INSTRUCTIONS. HOWEVER, FOR CUSTOMS ENTRY
PURPOSES, THESE ENTRIES ARE NOT "QUOTA-TYPE" ENTRIES
BECAUSE THEY WILL NOT BE PROCESSED THROUGH THE CUSTOMS
ACS QUOTA MODULE. THEREFORE, DO NOT USE ENTRY TYPE
CODES 02,07,32,38 IN BOX 2 OF THE CF 7501 (UNLESS THE
ENTRY INCLUDES MERCHANDISE OTHER THAN SUBJECT
MERCHANDISE THAT IS SUBJECT TO QUOTA PROCESSING, IN
WHICH CASE, ENTRY TYPE CODE 07 OR 38 WOULD BE CORRECT).
THERE IS NO QSUP INPUT FOR ENTRIES OF SUBJECT
MERCHANDISE FROM THE PRC. THE QUANTITY OF SUBJECT
MERCHANDISE FROM THE PRC WILL NOT BE REPORTED ON THE
CUSTOMS WEEKLY QUOTA STATUS REPORTS.

5. WRITTEN CERTIFICATION

FOR ALL IMPORTS OF SUBJECT MERCHANDISE INTO THE UNITED
STATES, REGARDLESS OF STATED COUNTRY OF ORIGIN, THE U.S.
CUSTOMS SERVICE SHALL REQUIRE THE IMPORTER OF RECORD TO
SUBMIT A WRITTEN STATEMENT, ON THE LAST DAY OF EVERY QUARTER
LISTING ALL ENTRIES OF SUCH MERCHANDISE AND CERTIFYING THAT
THE MATERIAL IMPORTED DURING THAT QUARTER WAS NOT OBTAINED
UNDER ANY ARRANGEMENT, SWAP, EXCHANGE, OR OTHER TRANSACTION
WHICH WOULD RESULT IN CIRCUMVENTION OF EXPORT LIMITS
ESTABLISHED UNDER THE AGREEMENT. SUBSQUENT INSTRUCTIONS WILL BE
ISSUED BY CUSTOMS.

6. MERCHANDISE SUBJECT TO THE AGREEMENT

A) SCOPE

THE PRODUCTS COVERED BY THIS SUSPENDED INVESTIGATION
ARE HOT-ROLLED IRON AND NON-ALLOY STEEL UNIVERSAL MILL
PLATES (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 RECTANGULAR SHAPE, NEITHER CLAD, PLATED NOR
COATED WITH METAL, WHETHER OR NOT PAINTED, VARNISHED,
OR COATED WITH PLASTICS OR OTHER NONMETALLIC
SUBSTANCES; AND CERTAIN IRON AND NON-ALLOY STEEL FLAT-
ROLLED PRODUCTS NOT IN COILS, OF RECTANGULAR SHAPE, HOT-
ROLLED, NEITHER CLAD, PLATED, NOR COATED WITH METAL,
WHETHER OR NOT PAINTED, VARNISHED, OR COATED WITH
PLASTICS OR OTHER NONMETALLIC SUBSTANCES, 4.75 MM OR
MORE IN THICKNESS AND OF A WIDTH WHICH EXCEEDS 150 MM
AND MEASURES AT LEAST TWICE THE THICKNESS. INCLUDED AS
SUBJECT MERCHANDISE IN THIS SUSPENDED INVESTIGATION ARE
FLAT-ROLLED PRODUCTS OF NON-RECTANGULAR CROSS-SECTION
WHERE SUCH CROSS-SECTION IS ACHIEVED SUBSEQUENT TO THE
ROLLING PROCESS (I.E., PRODUCTS WHICH HAVE BEEN "WORKED
AFTER ROLLING") - FOR EXAMPLE, PRODUCTS WHICH HAVE BEEN
BEVELED OR ROUNDED AT THE EDGES. THIS MERCHANDISE IS
CURRENTLY CLASSIFIED IN THE HARMONIZED TARIFF SCHEDULE
OF THE UNITED STATES (HTS) UNDER ITEM NUMBERS
7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045,
7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000,
7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030,
7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000,
7212.50.0000. ALTHOUGH THE HTS SUBHEADINGS ARE
PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE
WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION
IS DISPOSITIVE.

IF THE EXPORTER IS NOT FROM THE PRC, BUT THE
MANUFACTURER IS, THE PROCEDURE SHOULD BE AS FOLLOWS:

1) IF THE EXPORTER PERFORMS NO FURTHER
PROCESSING BUT SIMPLY RESELLS THE CTL PLATE
PRODUCT WHICH IT PURCHASED FROM THE
MANUFACTURER, THE IMPORT WOULD BE COVERED BY THE
TERMS OF THE AGREEMENT AND SUBJECT TO REPORTING
REQUIREMENTS OUTLINED IN THESE INSTRUCTIONS.

2) IF THE EXPORTER FURTHER PROCESSES THE CTL
PLATE PRODUCT, BUT DOES NOT TRANSFORM IT INTO A
CLASS OR KIND OF MERCHANDISE DIFFERENT FROM THAT
PURCHASED FROM THE MANUFACTURER --E.G.. IF AN
EXPORTER PURCHASES CTL PLATE AND PAINTS THE
PRODUCT -- THE IMPORT WOULD BE COVERED BY THE
TERMS OF THE AGREEMENT AND SUBJECT TO REPORTING
REQUIREMENTS OUTLINED IN THESE INSTRUCTIONS.

3) IF THE EXPORTER FURTHER PROCESSES A STEEL
PRODUCT, THUS TRANSFORMING IT INTO A CLASS OR
KIND OF MERCHANDISE DIFFERENT FROM THAT
PURCHASED FROM THE MANUFACTURER -- E.G.. IF AN
EXPORTER PURCHASES COILED PLATE AND CUTS THE
PRODUCT INTO CUT-TO-LENGTH PLATE-- THE IMPORT
WOULD NOT BE COVERED BY THE TERMS OF THE
AGREEMENT ON PLATE FROM THE PRC AND NOT
CURRENTLY BE SUBJECT TO REPORTING REQUIREMENTS
OUTLINED IN THESE INSTRUCTIONS.

HOWEVER, IF AT ANY TIME MERCHANDISE BECOMES SUBJECT TO
EXAMINATION UNDER PROVISION VII (ANTICIRCUMVENTION) OF
THE AGREEMENT, CUSTOMS OFFICIALS WILL BE NOTIFIED BY
THE DEPARTMENT OF COMMERCE REGARDING APPROPRIATE
ACTION.

7. QUESTIONS

IF CUSTOMS OFFICERS HAVE ANY QUESTIONS REGARDING THESE
INSTRUCTIONS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS,IMPORT OPERATIONS, ANTIDUMPING/
COUNTERVAILING DUTY USING ATRIBUTE "HQ OAB."
THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT STEVE JACQUES OR NITHYA NAGARAJAN OF
IMPORT ADMINISTRATION, AD/CVD ENFORCEMENT GROUP III AT (202)
482-3793.

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

PAUL SCHWARTZ