MESSAGE NO: 9099112 DATE: 04 09 1999
CATEGORY: ADA TYPE: SCO
REFERENCE: 5215111 REFERENCE DATE: 08 03 1995
CASES: A - 357 - 809 A - 351 - 826
A - 428 - 820 A - 475 - 814
C - 475 - 815 - -

PERIOD COVERED: 06 19 1995 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, IMPORT OPERATIONS

RE: CLARIFICATION OF MESSAGES 5215111 ON 08/03/1995 & 5230111
ON 08/18/1995 OF SMALL DIAMETER CIRCULAR SEAMLESS CARBON &
ALLOY STEEL STANDARD, LINE AND PRESSURE PIPE.

1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL
REGISTER, ON 08/03/1995, THE ANTIDUMPING DUTY ORDERS ON
SMALL DIAMETER CIRCULAR SEAMLESS CARBON AND ALLOY STEEL
STANDARD LINE, AND PRESSURE PIPE FROM ARGENTINA, BRAZIL,
GERMANY AND ITALY (A-357-809, A-351-826, A-428-820, A-475-
814), AND ON 08/02/1995, THE COUNTERVAILING DUTY ORDER ON
SMALL DIAMETER CIRCULAR SEAMLESS CARBON AND ALLOY STEEL
STANDARD LINE, AND PRESSURE PIPE FROM ITALY (C-475-815).
THIS IS A CLARIFICATION OF MESSAGES 5215111 ON 08/03/1995
AND 5230111 ON 08/18/1995 OF THE SCOPE OF THE ORDERS.

2. THE SCOPE OF THE ORDERS INCLUDES THE FOLLOWING INFORMATION:

"THERE ARE CERTAIN OTHER ASTM SPECIFICATIONS OF PIPE WHICH,
BECAUSE OF OVERLAPPING CHARACTERISTICS, POTENTIALLY COULD BE
USED IN A-106 APPLICATIONS. THESE SPECIFICATIONS GENERALLY
INCLUDE A-162, A-192, A-210, A-333, AND A-524. WHEN SUCH
PIPES ARE USED IN A STANDARD, LINE, OR PRESSURE PIPE
APPLICATION, SUCH PRODUCTS ARE COVERED BY THE SCOPE OF THESE
ORDERS."

3. IN ITS FINAL DETERMINATIONS, THE DEPARTMENT OF COMMERCE
DECIDED THAT NO END-USER CERTIFICATE WOULD BE REQUIRED "
UNTIL SUCH TIME AS PETITIONERS OR OTHER INTERESTED PARTIES
PROVIDE A REASONABLE BASIS TO BELIEVE OR SUSPECT THAT
SUBSTITUTION IS OCCURRING."

4. PETITIONERS HAVE NOT PROVIDED THE DEPARTMENT OF COMMERCE
WITH ANY INFORMATION WHICH PROVIDES A REASONABLE BASIS TO
BELIEVE OR SUSPECT THAT ASTM A-333, A-162, A-192, A-524, OR
A-210 PIPE IS BEING USED IN STANDARD, LINE, OR PRESSURE
APPLICATIONS.

5. IN THE ABSENCE OF THIS INFORMATION, THIS MATERIAL SHOULD BE
CONSIDERED NON-SUBJECT MERCHANDISE. CUSTOMS SHOULD NOT
SUSPEND LIQUIDATION, OR COLLECT A CASH DEPOSIT, ON THIS
MERCHANDISE UNDER THESE ORDERS.

6. REFUND ANY CASH DEPOSITS, WITH INTEREST, AND RELEASE ANY
BONDS RELATING TO ENTRIES OF THE MERCHANDISE LISTED ABOVE.

7. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING
THE ATTRIBUTE "HQ OAB." IMPORTING PUBLIC AND INTERESTED
PARTIES SHOULD CONTACT NANCY DECKER AT 202-482-0196 OFFICE
OF AD/CVD ENFORCEMENT, GROUP III, OFFICE 8, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ