Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 0027311
DATE: 01 27 2010
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 570 - 949
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PERIOD COVERED:
01 12 2010
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF PRELIMINARY DETERMINATION IN THE ANTIDUMPING
DUTY INVESTIGATION OF WIRE DECKING FROM CHINA
(A-570-949-000/001/002/003/004/005/006/007)
1. ON 01/12/2010, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS NOTICE OF PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE AND POSTPONEMENT OF FINAL
DETERMINATION OF WIRE DECKING FROM THE PEOPLES REPUBLIC OF
CHINA (75 FR 1597).
THE SCOPE OF THE INVESTIGATION COVERS WELDED-WIRE RACK DECKING,
WHICH IS ALSO KNOWN AS, AMONG OTHER THINGS, "PALLET RACK
DECKING," "WIRE RACK DECKING," "WIRE MESH DECKING," "BULK
STORAGE SHELVING," OR "WELDED-WIRE DECKING."
WIRE DECKING
CONSISTS OF WIRE MESH THAT IS REINFORCED WITH STRUCTURAL
SUPPORTS AND DESIGNED TO BE LOAD BEARING.
THE STRUCTURAL
SUPPORTS INCLUDE SHEET METAL SUPPORT CHANNELS, OR OTHER
STRUCTURAL SUPPORTS, THAT REINFORCE THE WIRE MESH AND THAT ARE
WELDED OR OTHERWISE AFFIXED TO THE WIRE MESH, REGARDLESS OF
WHETHER THE WIRE MESH AND SUPPORTS ARE ASSEMBLED OR UNASSEMBLED
AND WHETHER SHIPPED AS A KIT OR PACKAGED SEPARATELY.
WIRE DECKING IS PRODUCED FROM CARBON OR ALLOY STEEL WIRE THAT
HAS BEEN WELDED INTO A MESH PATTERN.
THE WIRE MAY BE
GALVANIZED OR PLATED (E.G., CHROME, ZINC, OR NICKEL COATED),
COATED (E.G., WITH PAINT, EPOXY, OR PLASTIC), OR UNCOATED
("RAW").
THE WIRE MAY BE DRAWN OR ROLLED AND MAY HAVE A ROUND,
SQUARE OR OTHER PROFILE.
WIRE DECKING IS SOLD IN A VARIETY OF WIRE GAUGES THE WIRE
DIAMETERS USED IN THE DECKING MESH ARE 0.105 INCHES OR GREATER
FOR ROUND WIRE.
FOR WIRE OTHER THAN ROUND WIRE, THE DISTANCE
BETWEEN ANY TWO POINTS ON A CROSS-SECTION OF THE WIRE IS 0.105
INCHES OR GREATER.
WIRE DECKING REINFORCED WITH STRUCTURAL
SUPPORTS IS DESIGNED GENERALLY FOR INDUSTRIAL AND OTHER
COMMERCIAL STORAGE RACK SYSTEMS.
WIRE DECKING IS PRODUCED TO
VARIOUS PROFILES, INCLUDING, BUT NOT LIMITED TO, A FLAT
("FLUSH") PROFILE, AN UPWARD CURVED BACK EDGE PROFILE
("BACKSTOP") OR DOWNWARD CURVED EDGE PROFILE ("WATERFALLS"),
DEPENDING ON THE RACK STORAGE SYSTEM.
THE WIRE DECKING MAY OR
MAY NOT BE ANCHORED TO THE RACK STORAGE SYSTEM.
THE SCOPE DOES NOT COVER THE METAL RACK STORAGE SYSTEM,
COMPRISED OF METAL UPRIGHTS AND CROSS BEAMS, ON WHICH THE WIRE
DECKING IS ULTIMATELY INSTALLED.
ALSO EXCLUDED FROM THE SCOPE
IS WIRE MESH SHELVING THAT IS NOT REINFORCED WITH STRUCTURAL
SUPPORTS AND IS DESIGNED FOR USE WITHOUT STRUCTURAL SUPPORTS.
WIRE DECKING ENTERS THE UNITED STATES THROUGH SEVERAL BASKET
CATEGORIES IN THE HTSUS.
CBP HAS ISSUED A RULING (NY F84777) THAT WIRE DECKING IS TO BE
CLASSIFIED UNDER HTSUS 9403.90.8040.
WIRE DECKING HAS ALSO BEEN ENTERED UNDER HTUS 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.4030, 7217.10.4090,
7217.10.5030, 7217.10.5090, 7217.10.6000, 7217.10.7000,
7217.10.8010, 7217.10.8020, 7217.10.8025, 7217.10.8030,
7217.10.8045, 7217.10.8060, 7217.10.8075, 7217.10.8090,
7217.10.9000, 7217.20.1500, 7217.20.3000, 7217.20.4510,
7217.20.4520, 7217.20.4530, 7217.20.4540, 7217.20.4560,
7217.20.4570, 7217.20.4580, 7217.20.6000, 7217.20.7500,
7326.20.0010, 7326.20.0020, 7326.20.0070, 7326.90.1000,
7326.90.2500, 7326.90.4500, 7326.90.6000, 7326.90.8505,
7326.90.8510, 7326.90.8530, 7326.90.8535, 7326.90.8545,
7326.90.8560, 7326.90.8575, 7326.90.8576, 7326.90.8577,
7326.90.8588, 9403.20.0020, AND 9403.20.0030.
WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE
INVESTIGATION IS DISPOSITIVE.
2. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-570-949.
3. FOR IMPORTS OF WIRE DECKING FROM THE PEOPLES REPUBLIC OF
CHINA, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED,
OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
01/12/2010.
EFFECTIVE 01/12/2010, CBP SHALL REQUIRE, FOR
ENTRIES OF WIRE DECKING FROM THE PEOPLES REPUBLIC OF CHINA FROM
THE EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT
OR THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY MARGINS
SHOWN BELOW:
EXPORTER: PRC-WIDE ENTITY
PRODUCER: PRC-WIDE ENTITY
CASE NUMBER: A-570-949-000
CASH DEPOSIT RATE: 289.00 PERCENT
EXPORTER: DALIAN HUAMEILONG METAL PRODUCTS CO., LTD.
PRODUCER: DALIAN HUAMEILONG METAL PRODUCTS CO., LTD.
CASE NUMBER: A-570-949-001
CASH DEPOSIT RATE: 50.95 PERCENT
EXPORTER:
GLOBSEA CO., LTD.
PRODUCER:
DALIAN YUTIEIN STORAGE MANUFACTURING CO., LTD.
CASE NUMBER:
A-570-949-003
CASH DEPOSIT RATE:
46.78 PERCENT
EXPORTER:
NINGBO XINGUANG RACK CO., LTD.
PRODUCER:
NINGBO XINGUANG RACK CO., LTD.
CASE NUMBER:
A-570-949-004
CASH DEPOSIT RATE:
46.78 PERCENT
EXPORTER:
DANDONG RIQIAN LOGISTICS EQUIPMENT CO., LTD.
PRODUCER:
DANDONG RIQIAN LOGISTICS EQUIPMENT CO., LTD.
CASE NUMBER:
A-570-949-005
CASH DEPOSIT RATE:
46.78 PERCENT
EXPORTER:
GLOBSEA CO., LTD.
PRODUCER:
DALIAN XINGBO METAL PRODUCTS CO., LTD.
CASE NUMBER:
A-570-949-007
CASH DEPOSIT RATE:
46.78 PERCENT
THE CASH DEPOSIT RATE FOR THE FOLLOWING EXPORTER-PRODUCER
COMBINATIONS HAVE BEEN ADJUSTED FOR THE 0.01 PERCENT EXPORT
SUBSIDY RATE PRELIMINARILY DETERMINED FOR EACH
EXPORTER/PRODUCER IN THE COMPANION COUNTERVAILING DUTY
INVESTIGATION OF WIRE DECKING FROM THE PRC (C-570-950)(74 FR
57629 11/09/2009).
EXPORTER:
DALIAN EASTFOUND METAL PRODUCTS CO., LTD.,/ DALIAN
EASTFOUND MATERIAL HANDLING PRODUCTS CO., LTD.
PRODUCER:
DALIAN EASTFOUND METAL PRODUCTS CO., LTD.
CASE NUMBER: A-570-949-002
CASH DEPOSIT RATE:
42.60 PERCENT
EXPORTER:
DALIAN EASTFOUND METAL PRODUCTS CO., LTD.,/ DALIAN
EASTFOUND MATERIAL HANDLING PRODUCTS CO., LTD.
PRODUCER: DALIAN EASTFOUND MATERIAL HANDLING PRODUCTS CO., LTD.
CASE NUMBER: A-570-949-006
CASH DEPOSIT RATE:
42.60 PERCENT
4. FOR ALL OTHER ENTRIES OF WIRE DECKING FROM THE PEOPLES
REPUBLIC OF CHINA, THE FOLLOWING CASH DEPOSIT/BONDING
INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF WIRE DECKING WHICH HAVE NOT
RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL
BE THE PRC-WIDE RATE.
B. FOR ALL NON-PRC EXPORTERS OF WIRE DECKING FROM THE PEOPLES
REPUBLIC OF CHINA WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE
CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE
EXPORTER/PRODUCER COMBINATIONS THAT SUPPLIED THAT NON-PRC
EXPORTER.
5. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,
CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION
AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING
OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR
THE EQUIVALENT).
OTHERWISE, WHERE THE IMPORTER HAS THE OPTION
TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING
DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC
IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145.
YOU ARE
INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH
RESPECT TO THESE BONDING REQUIREMENTS.
6. 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 THE 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 O8: TT).
7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
ALICE J. BUCHANAN