MESSAGE NO: 9223112 DATE: 08 11 1999
CATEGORY: ADA TYPE: SCO
REFERENCE: REFERENCE DATE:
CASES: A - 428 - 820 A - 357 - 809
A - 351 - 826 A - 475 - 814
- - - -

PERIOD COVERED: 06 25 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: ANTIDUMPING SCOPE RULING ON SMALL DIAMETER CIRCULAR
SEAMLESS CARBON & ALLOY STEEL STANDARD , LINE PRESSURE
PIPE FROM GERMANY,ARGENTIA,BRAZIL,AND ITALY

1. ON 06/25/1999, IN RESPONSE TO A REQUEST BY CHICAGO P.P.L.,
INC., ON BEHALF OF ITS PARENT POPPE & POTTHOFF GMBH & CO.,
THE DEPARTMENT OF COMMERCE ISSUED A FINAL SCOPE RULING THAT
CERTAIN HIGH PRESSURE TUBING WHICH CONFORM TO NOTED PHYSICAL
CHARACTERISTICS AND ARE MANUFACTURED TO THE SPECIFICATIONS:
ISO 8535-1, DIN 2391, DIN 2393, DIN 17124, DIN 17204, DIN
17210,DIN 17211, DIN 17212, EN 10305-1, EN 10305-2 AND ASTM
A-519, WHEN NOT USED IN A STANDARD, LINE OR PRESSURE
APPLICATION ARE NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY
ORDER/FINDING COVERING SMALL DIAMETER CIRCULAR SEAMLESS
CARBON AND ALLOY STEEL STANDARD, LINE AND PRESSURE PIPE FROM
GERMANY, ARGENTINA, BRAZIL AND ITALY, A-428-820, A-357-809,
A-351-826, A-475-814.

2. BASED ON THE RECORD EVIDENCE, SCOPE LANGUAGE IN THE ORDER
AND THE FACT THAT NO EVIDENCE OF SUBSTITUTION HAS BEEN
SUBMITTED, THE COMMERCE DEPARTMENT HAS DETERMINED THAT
CERTAIN HIGH PRESSURE TUBING MEETING NOTED SPECIFICATIONS:
ISO 8535-1, DIN 2391, DIN 2393, DIN 17124, DIN 17204, DIN
7210, DIN 17211, DIN 17212, EN 10305-1, EN 10305-2 AND
ASTMA-519IS NOT WITHIN THE SCOPE OF THE ANTIDUMPING DUTY
ORDER COVERING SMALL DIAMETER CIRCULAR SEAMLESS CARBON AND
ALLOY STEEL STANDARD,LINE & PRESSURE PIPE FROM GERMANY,
ARGENTINA, BRAZIL AND ITALY WHEN IT HAS NOT BEEN

DEMONSTRATED THAT IT IS USED IN A STANDARD, LINE OR PRESSURE
APPLICATION. THE DEPARTMENT OF COMMERCE DECIDED IN ITS
FINAL DETERMINATION THAT NO END-USER CERTIFICATE WOULD
BE REQUIRED " UNTIL SUCHTIME AS PETITIONERS OR OTHER
INTERESTED PARTIES PROVIDE A REASONABLE BASIS TO BELIEVE OR
SUSPECT THAT SUBSTITUTION ISOCCURRING."PETITIONERS HAVE NOT
PROVIDED THE DEPARTMENT OF COMMERCE WITH ANY INFORMATION
WHICH PROVIDES A REASONABLE BASIS TO BELIEVE OR SUSPECT THAT
THE NOTED PIPE IS BEING USED IN STANDARD, LINE OR PRESSURE
APPLICATIONS. IN THE ABSENCE OF THIS INFORMATION, THIS
MATERIAL SHOULD BE CONSIDERED NON-SUBJECT MERCHANDISE.
THEREFORE,CERTAIN HIGH PRESSURE TUBING MEETINGNOTED
SPECIFICATIONS: ISO 8535-1, DIN 2391, DIN 2393, DIN 17124,
DIN 17204, DIN 17210, DIN 17211, DIN 17212, EN 10305-1, EN
10305-2 AND ASTM A-519 SHOULD NOT BE SUBJECT TO THE
SUSPENSION OF LIQUIDATION AT THIS TIME.

3. EFFECTIVE 06/25/1999, TERMINATE SUSPENSION AND LIQUIDATE
ALL UNLIQUIDATED ENTRIES, REGARDLESS OF ENTRY DATE, OF HIGH
PRESSURE TUBING MEETING NOTED SPECIFICATIONS:
ISO 8535-1, DIN 2391, DIN 2393, DIN 17124, DIN 17204, DIN
17210, DIN 17211, DIN 17212, EN 10305-1, EN 10305-2 AND
ASTM A-519.

4. REFUND ANY CASH DEPOSITS WITH INTEREST AND RELEASE ANY BONDS
RELATING TO THE HIGH PRESSURE TUBING MEETING THE NOTED
SPECIFICATIONS: ISO 8535-1, DIN 2391, DIN 2393, DIN 17124,
DIN 17204, DIN 17210, DIN 17211, DIN 17212, EN 10305-1, EN
10305-2 AND ASTM A-519.

5. THE ASSESSMENT OF ANTIDUMPING DUTIES BY THE CUSTOMS SERVICE
ON ENTRIES OF THIS MERCHANDISE IS SUBJECT TO THE PROVISIONS
OF SECTION 778 OF THE TARIFF ACT OF 1930. SECTION 778
REQUIRES THATCUSTOMS PAY INTEREST ON OVERPAYMENTS, OR
ASSESS INTEREST ON UNDER PAYMENTS, OF THE REQUIRED AMOUNTS
DEPOSITED AS ESTIMATED ANTIDUMPING DUTIES. THE INTEREST
PROVISIONS ARE NOT APPLICABLE TO CASH OR BONDS POSTED AS
ESTIMATED ANTIDUMPING DUTIES BEFORE THE DATE OF PUBLICATION
OF THE ANTIDUMPING DUTY ORDER. INTEREST SHALL BE CALCULATED
FROM THE DATE PAYMENT OF ESTIMATED ANTIDUMPING DUTIES IS
REQUIRED THROUGH THE DATE OF LIQUIDATION. THE RATE AT WHICH
SUCH INTEREST IS PAYABLE IS THE RATE IN EFFECT UNDER SECTION
6621 OF THE INTERNAL REVENUE CODE OF 1954 FOR SUCH PERIOD.

6. CONTINUE TO SUSPEND LIQUIDATION OF ENTRIES OF SMALL
DIAMETER CIRCULAR SEAMLESS CARBON AND ALLOY STEEL STANDARD,
LINE &PRESSURE PIPE FROM GERMANY, ARGENTINA, BRAZIL, AND
ITALY SUBJECT TO THE ANTIDUMPING DUTY ORDER.

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 PHYLLIS
HALL AT 202-482-1398, AD/CVD ENFORCEMENT, IMPORT
ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION,
DEPARTMENT OF COMMERCE.

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

PAUL SCHWARTZ