MESSAGE NO: 8030115 DATE: 01 30 1998
CATEGORY: ADA TYPE: OTH
REFERENCE: REFERENCE DATE:
CASES: A - 462 - 315 - -
- - - -
- - - -

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
STEEL PLATE FROM UKRAINE (A-462-315)


1. THESE INSTRUCTIONS ARE IN REFERENCE TO THE U.S. DEPARTMENT
OF COMMERCE'S SUSPENDED ANTIDUMPING INVESTIGATIONS ON
CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM UKRAINE (A-823-
808). FOR CUSTOMS PURPOSES, THE CORRESPONDING CASE NUMBER
FOR UKRAINE IS A-462-315. PLEASE DIRECT PARTICULAR
ATTENTION TO INSTRUCTIONS INPARAGRAPHS 2 AND 3.

PLEASE NOTE THAT THE CASE NUMBER (A-823-808) REFERENCED
ABOVE FOR UKRAINE CORRESPONDS TO THE CASE NUMBER AS
DETERMINED BY THE DEPARTMENT OF COMMERCE. FOR CUSTOMS
PURPOSES, THE CORRESPONDING CASE NUMBER FOR UKRAINE IS A-462-
315

2. SUSPENSION OF ANTIDUMPING INVESTIGATION

ON OCTOBER 24, 1997, THE DEPARTMENT OF COMMERCE (THE
DEPARTMENT) CONCLUDED AN AGREEMENT WITH THE GOVERNMENT OF
UKRAINE 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 UKRAINE ARE NOW SUBJECT TO PRICE
AND QUANTITATIVE LIMITATIONS PURSUANT TOTHE 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 UKRAINE. ANY CASH DEPOSITS OF
ENTRIES OF SUBJECT MERCHANDISE FROM UKRAINE, 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 UKRAINE. 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 UKRAINE: ASTM GRADES A36, A572, A516,
API-2H
UNTIL FURTHER NOTICE, NO GRADES OF SUBJECT MERCHANDISE
OTHER THAN THOSE SPECIFIED ABOVEFOR UKRAINE MAY BE
ENTERED INTO THE UNITED STATES.

AN EXPORT LICENSE
CERTIFICATE OF ORIGIN, ISSUED BY THE
GOVERNMENT OF UKRAINE MUST ACCOMPANY ALL IMPORTS OF
SUBJECT MERCHANDISE EXPORTED DIRECTLY OR INDIRECTLY FROM
UKRAINE. THEEXPORT LICENSE
CERTIFICATE OF ORIGIN MUST
BE STAMPED, SIGNED, AND DATED BY THE MINISTRY OF FOREIGN
ECONOMIC RELATIONS AND TRADE OF UKRAINE ("UKRAINIAN
MINFER") 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 TRANSPORTATIONDOCUMENT.


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 07OR 38 WOULD BE CORRECT). THERE IS NO QSUP INPUT
FOR ENTRIES OF SUBJECT MERCHANDISE FROM UKRAINE. THE
QUANTITY OF SUBJECT MERCHANDISE FROM UKRAINE 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 ROLLEDON 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, OFRECTANGULAR 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 UKRAINE, 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 TERMSOF 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 WOULDNOT
CURRENTLY BE COVERED BY THE TERMS OF THE AGREEMENT
ON PLATE FROM UKRAINE AND NOT 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 APPROPRAITE
SUPERVISORY CHANNELS, IMPORT OPERATIONS, ANTIDUMPING\COUNTERVAILING
DUTY USING ATTRIBUTE 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