MESSAGE NO: 9209111 DATE: 07 28 1999
CATEGORY: CVD TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: C - 122 - 805 - -
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PERIOD COVERED: 07 22 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: SCOPE RULING ON COUTERVAILING DUTY ORDER ON NEW STEEL
RAIL EXCEPT LIGHT RAIL FROM CANADA (C-122-805)


1. ON JULY 22, 1999, IN RESPONSE TO A REQUEST BY L.B. FOSTER
COMPANY, THE DEPARTMENT OF COMMERCE ISSUED A SCOPE RULING THAT
CERTAIN STEEL RAIL, CONTAINING RADIAL STREAKING, PURCHASED BY
L.B. FOSTER FROM CANADIAN NATIONAL RAILROAD IS WITHIN THE SCOPE
OF THE COUNTERVAILING DUTY ORDER COVERING NEW STEEL RAIL, EXCEPT
LIGHT RAIL FROM CANADA (C-122-805).

2. BECAUSE THE IMPORTED PRODUCT IS INDUSTRIAL RAIL AND DOES NOT
MEET THE PRODUCT CHARACTERISTICS OF RELAY RAIL, THE COMMERCE
DEPARTMENT HAS FOUND THIS PRODUCT TO BE WITHIN THE SCOPE OF THE
ORDER.

3. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF NEW STEEL RAIL,
EXCEPT LIGHT RAIL FROM CANADA, INCLUDING L.B. FOSTER COMPANY'S
CERTAIN STEEL RAIL LISTED ABOVE, SUBJECT TO THE COUNTERVAILING
DUTY ORDER COVERING NEW STEEL RAIL, EXCEPT LIGHT RAIL FROM
CANADA.

4. 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 RUSSELL MORRIS AT 202-482-2786, AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ