MESSAGE NO: 8310211 DATE: 11 05 2008
CATEGORY: ADA TYPE: INF
REFERENCE: 9355113 REFERENCE DATE: 12 21 1998
CASES: A - 462 - 315 - -
- - - -
- - - -

PERIOD COVERED: 11 01 2008 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SUSPENSION AGREEMENT INSTRUCTIONS FOR CUT-TO-LENGTH
CARBON PLATE FROM UKRAINE (A-462-315)


1. THESE INSTRUCTIONS ARE IN REFERENCE TO THE SUSPENDED
ANTIDUMPING DUTY INVESTIGATION ON CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM UKRAINE (A-823-808).

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 THE PURPOSES OF THE US BUREAU OF
CUSTOMS AND BORDER PROTECTION ("CUSTOMS"), THE CORRESPONDING
CASE NUMBER FOR UKRAINE IS A-462-315.

2. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN
THE FEDERAL REGISTER ON OCTOBER 3, 2008, (73 FR 57602) THE
REVISED SUSPENSION AGREEMENT ON CERTAIN CUT-TO-LENGTH CARBON
STEEL PLATE FROM UKRAINE. CERTAIN CUT-TO-LENGTH CARBON STEEL
PLATE FROM UKRAINE IS SUBJECT TO THE TERMS AND CONDITIONS OF
THE SUSPENSION AGREEMENT BETWEEN THE DEPARTMENT OF COMMERCE AND
THE SIGNATORIES TO THE SUSPENSION AGREEMENT, OJSC ALCHEVSK IRON
& STEEL WORKS, AZOVSTAL IRON & STEEL WORKS, AND ILYICH IRON &
STEEL WORKS.

PLEASE NOTE: THIS AGREEMENT REPLACES THE PREVIOUS NON-MARKET
ECONOMY SUSPENSION AGREEMENT DATED OCTOBER 24, 1997 AND
CORRESPONDING INSTRUCTIONS SENT TO CUSTOMS ON JANUARY 30,
1998, AUGUST 11, 1998, DECEMBER 21, 1998, AND JULY 20, 2000
(MESSAGE NUMBERS 8030115, 8223111, 9355113, AND 0202214
RESPECTIVELY).


3. THE MERCHANDISE COVERED BY THIS SUSPENDED INVESTIGATION
INCLUDES CERTAIN 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 THE AGREEMENT ARE
FLAT-ROLLED PRODUCTS OF NONRECTANGULAR CROSS- SECTION WHERE
SUCH CROSS-SECTION IS ACHIEVED SUBSEQUENT TO THE RO
LLING PROCESS (I.E., PRODUCTS WHICH HAVE BEEN "WORKED AFTER
ROLLING")--FOR EXAMPLE, PRODUCTS WHICH HAVE BEEN BEVELLED 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.

EXCLUDED FROM THE SCOPE OF THIS AGREEMENT IS GRADE X-70 PLATE.
ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS
INVESTIGATION IS DISPOSITIVE.

4. EFFECTIVE NOVEMBER 1, 2008, THE LICENSING REQUIREMENTS SET
OUT BY THE AGREEMENT SUSPENDING THE ANTIDUMPING INVESTIGATION
ON CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM UKRAINE SIGNED
OCTOBER 24, 1997 ARE TERMINATED. HOWEVER, THE DEPARTMENT OF
COMMERCE UNDERSTANDS THAT SOME SUBJECT MERCHANDISE COVERED
UNDER THE PREVIOUS NON-MARKET ECONOMY SUSPENSION AGREEMENT WILL
ARRIVE AT U.S. PORTS AFTER OCTOBER 31, 2008, UP UNTIL DECEMBER
31, 2008. BETWEEN NOVEMBER 1 AND DECEMBER 31, 2008, CERTAIN
ENTRIES GOVERNED BY THE PREVIOUS NON-MARKET ECONOMY SUSPENSION
AGREEMENT WILL BE ACCOMPANIED BY AN EXPORT LICENSE AND AN
EXPORT CERTIFICATE. THEREFORE, SUBJECT MERCHANDISE ACCOMPANIED
BY AN EXPORT LICENSE AND AN EXPORT CERTIFICATE ISSUED BY THE
GOVERNMENT OF UKRAINE MAY ENTER THE UNITED STATES AFTER
NOVEMBER 1, 2008 UNDER THE TERMS OF THE PREVIOUS SUSPENSION
AGREEMENT.


5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP
OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE
CONTACT DAVINA HASHMI OR RON TRENTHAM AT OFFICE OF AD/CVD
OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984
OR (202) 482-3577 RESPECTIVELY (GENERATED BY IA/OP:JC).

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

DAVID M GENOVESE