MESSAGE NO: 9231115 DATE: 08 19 1999
CATEGORY: ADA TYPE: SCO
REFERENCE: 9209117 REFERENCE DATE: 07 28 1999
CASES: A - 462 - 809 - -
- - - -
- - - -

PERIOD COVERED: 07 12 1999 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: AGREEMENT CONCERNING TRADE IN CERTAIN STEEL PRODUCTS
FROM THE RUSSIAN FEDERATION (A-462-809)


1. ON JULY 28, 1999, THE DEPARTMENT OF COMMERCE ISSUED
INSTRUCTIONS TO THE U.S. CUSTOMS SERVICE (MESSAGE NUMBER
9209117) REGARDING AN AGREEMENT CONCERNING TRADE IN CERTAIN
STEEL PRODUCTS FROM THE RUSSIAN FEDERATION (A-462-809).

2. FOUR CATEGORIES OF STEEL PRODUCTS HAVE A IMPORT QUOTA OF
ZERO. THE U.S. CUSTOMS SERVICE WAS INSTRUCTED TO DENY ENTRY
TO ANY SHIPMENTS OF THIS MERCHANDISE ENTERED OR WITHDRAWN
FROM WAREHOUSE OR ATTEMPTED TO BE ENTERED OR WITHDRAWN FROM
WAREHOUSE FOR CONSUMPTION ON OR AFTER JULY 22, 1999,
REGARDLESS OF WHETHER THEY ARE ACCOMPANIED BY AN EXPORT
LICENSE. PARAGRAPHS 3 AND 4 BELOW CLARIFY PARAGRAPH 3B OF
THE JULY 28 MESSAGE.

3. THE DEPARTMENT HAS RECEIVED INFORMATION THAT RAILS ENTERING
UNDER THE HTSUS SUBHEADINGS 7302.10.1065 (USED NON-ALLOY
RAILS FOR REROLLING) AND 7302.10.5040 (USED ALLOY RAILS FOR
REROLLING) ARE NOT FOR RAILWAY AND TRAMWAY CONSTRUCTION AND
REPLACEMENT. ALTHOUGH THE HTSUS SUBHEADINGS ARE PROVIDED
FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN
DESCRIPTION OF THE MERCHANDISE UNDER THIS AGREEMENT IS
DISPOSITIVE. RAILS ENTERING UNDER THE HTSUS SUBHEADINGS
7302.10.1065 AND 7302.10.5040 ARE PRESUMED TO BE OUTSIDE THE
SCOPE OF THE AGREEMENT, AND THE ZERO QUOTA DOES NOT APPLY.
THEREFORE, SHIPMENTS OF USED RAILS FOR REROLLING FROM RUSSIA
ENTERING UNDER HTSUS SUBHEADINGS 7302.10.1065 AND
7302.10.5040 SHOULD NOT BE DENIED ENTRY AND SHOULD BE
ALLOWED CUSTOMS ENTRY PURSUANT TO NORMAL CUSTOMS PROCEDURES.

4. CUSTOMS OFFICERS SHOULD CONTINUE TO DENY ENTRY TO SHIPMENTS
OF RAILS DEFINED AS THE FOLLOWING: RAILS, WHETHER OR NOT
USED, FOR RAILWAY AND TRAMWAY CONSTRUCTION AND REPLACEMENT.
THIS INCLUDES LOAD-BEARING RAILS SUCH AS STANDARD T, LIGHT,
CRANE, AND GIRDER RAILS, AND CONDUCTOR OR ELECTRICAL RAILS.
THE MERCHANDISE SUBJECT TO THIS AGREEMENT IS CLASSIFIED IN
THE HTSUS AT SUBHEADINGS: 7302.10.1010, 7302.10.1015,
7302.10.1025, 7302.10.1035, 7302.10.1045, 7302.10.1055,
7302.10.1075, 7302.10.5020, AND 7302.10.5060. RAILS
REFLECT AISI CATEGORIES 7 (STANDARD RAILS), 8 (OTHER RAILS),
AND 41 (USED RAILS).

5. IN THE EVENT THAT THE DEPARTMENT RECEIVES INFORMATION
CONTRARY TO THIS CLARIFICATION, WE WILL PROVIDE CUSTOMS WITH
NEW INSTRUCTIONS.

6. 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." THE IMPORTING PUBLIC AND OTHER
INTERESTED PARTIES SHOULD CONTACT JEAN KEMP OR MARIA
DYBCZAK, AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF
COMMERCE, AT (202) 482-1131, (202) 482-5811, RESPECTIVELY.


PAUL SCHWARTZ