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Full text as published by U.S. Customs and Border Protection
1. ON 01/11/2011, COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF DRILL PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA (“PRC”) (76 FR 1966).
2. THE PRODUCTS COVERED BY THE INVESTIGATION ARE STEEL DRILL PIPE, AND STEEL DRILL COLLARS, WHETHER OR NOT CONFORMING TO AMERICAN PETROLEUM INSTITUTE (“API”) OR NON-API SPECIFICATIONS.
INCLUDED ARE FINISHED DRILL PIPE AND DRILL COLLARS WITHOUT REGARD TO THE SPECIFIC CHEMISTRY OF THE STEEL (I.E., CARBON, STAINLESS STEEL, OR OTHER ALLOY STEEL), AND WITHOUT REGARD TO LENGTH OR OUTER DIAMETER.
ALSO INCLUDED ARE UNFINISHED DRILL COLLARS (INCLUDING ALL DRILL COLLAR GREEN TUBES) AND UNFINISHED DRILL PIPE (INCLUDING DRILL PIPE GREEN TUBES, WHICH ARE TUBES MEETING THE FOLLOWING DESCRIPTION: SEAMLESS TUBES WITH AN OUTER DIAMETER OF LESS THAN OR EQUAL TO 6 5/8 INCHES (168.28 MILLIMETERS), CONTAINING BETWEEN 0.16 AND 0.75 PERCENT MOLYBDENUM, AND CONTAINING BETWEEN 0.75 AND 1.45 PERCENT CHROMIUM).
THE SCOPE DOES NOT INCLUDE TOOL JOINTS NOT ATTACHED TO THE DRILL PIPE, NOR DOES IT INCLUDE UNFINISHED TUBES FOR CASING OR TUBING COVERED BY ANY OTHER ANTIDUMPING OR COUNTERVAILING DUTY ORDER.
THE SUBJECT PRODUCTS ARE CURRENTLY CLASSIFIED IN THE FOLLOWING HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (“HTSUS”) CATEGORIES: 7304.22.0030, 7304.22.0045, 7304.22.0060, 7304.23.3000, 7304.23.6030, 7304.23.6045, 7304.23.6060, 8431.43.8040 AND MAY ALSO ENTER UNDER 8431.43.8060, 8431.43.4000, 7304.39.0028, 7304.39.0032, 7304.39.0036, 7304.39.0040, 7304.39.0044, 7304.39.0048, 7304.39.0052, 7304.39.0056, 7304.49.0015, 7304.49.0060, 7304.59.8020, 7304.59.8025, 7304.59.8030, 7304.59.8035, 7304.59.8040, 7304.59.8045, 7304.59.8050, AND 7304.59.8055.
WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THE INVESTIGATION IS DISPOSITIVE.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-965.
4. COMMERCE FOUND THAT NO FINAL MARGIN EXISTS WITH RESPECT TO IMPORTS OF DRILL PIPE FROM THE PRC THAT WERE EXPORTED AND PRODUCED BY THE FOLLOWING EXPORTER/PRODUCER COMBINATIONS:
EXPORTER: BOASHAN IRON & STEEL CO., LTD.
PRODUCER: BOASHAN IRON & STEEL CO., LTD.
CASE NUMBER: A-570-965-002
EXPORTER: SHANXI YIDA SPECIAL STEEL IMP. & EXP. CO., LTD.
PRODUCER: SHANXI YIDA SPECIAL STEEL GROUP CO., LTD.
CASE NUMBER: A-570-965-003
ACCORDINGLY, COMMERCE WILL DIRECT U.S. CUSTOMS AND BORDER PROTECTION ("CBP") VIA SEPARATE INSTRUCTIONS
TO TERMINATE THE SUSPENSION OF LIQUIDATION AND TO LIQUIDATE SHIPMENTS OF DRILL PIPE FROM THE PRC THAT WERE EXPORTED AND PRODUCED BY THE COMPANIES LISTED ABOVE THAT WERE ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 08/18/2010.
5.
COMMERCE NOW DETERMINES THAT CRITICAL CIRCUMSTANCES DO NOT EXIST FOR THE DP-MASTER GROUP (A-570-965-001), SHANXI FENGLEI DRILLING TOOLS CO., LTD. (A-570-965-004), JIANGSU SHUGUANG HUAYANG DRILLING TOOL, CO. LTD. (A-570-965-005), AND JIANGYIN LONG-BRIGHT DRILL PIPE MANUFACTURING CO., LTD. (A-570-965-006), THE RETROACTIVE SUSPENSION OF LIQUIDATION ORDERED AT THE TIME OF THE PRELIMINARY DETERMINATION IS TERMINATED.
ACCORDINGLY, COMMERCE VIA SEPARATE INSTRUCTION WILL DIRECT CBP TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR ALL SHIPMENTS OF DRILL PIPE FROM THE DP-MASTER GROUP (A-570-965-001), SHANXI FENGLEI DRILLING TOOLS CO., LTD. (A-570-965-004), JIANGSU SHUGUANG HUAYANG DRILLING TOOL, CO. LTD. (A-570-965-005), AND JIANGYIN LONG-BRIGHT DRILL PIPE MANUFACTURING CO., LTD. (A-570-965-006), ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION, PRIOR TO 08/18/2010, AND TO REFUND ANY CASH DEPOSITS AND RELEASE ANY BONDS OR OTHER SECURITY.
INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.
6.
FOR IMPORTS OF DRILL PIPE FROM THESE COMPANIES, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 08/18/2010.
EFFECTIVE 01/11/2011, FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
EXPORTER: THE DP-MASTER GROUP
PRODUCER: THE DP-MASTER GROUP
CASE NUMBER: A-570-965-001
CASH DEPOSIT RATE: 69.18%
EXPORTER: SHANXI FENGLEI DRILLING TOOLS CO., LTD.
PRODUCER: SHANXI FENGLEI DRILLING TOOLS CO., LTD.
CASE NUMBER: A-570-965-004
CASH DEPOSIT RATE: 69.18%
EXPORTER: JIANGSU SHUGUANG HUAYANG DRILLING TOOL, CO. LTD.
PRODUCER: JIANGSU SHUGUANG HUAYANG DRILLING TOOL, CO. LTD.
CASE NUMBER: A-570-965-005
CASH DEPOSIT RATE: 69.18%
EXPORTER: JIANGYIN LONG-BRIGHT DRILL PIPE MANUFACTURING CO., LTD.
PRODUCER: JIANGYIN LONG-BRIGHT DRILL PIPE MANUFACTURING CO., LTD.
CASE NUMBER: A-570-965-006
CASH DEPOSIT RATE: 69.18%
7. COMMERCE CONTINUES TO FIND THAT CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF DRILL PIPE FROM THE PRC-WIDE ENTITY (A-570-965-000).
CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 05/20/2010.
EFFECTIVE 01/11/2011, FOR SUCH ENTRIES, CBP SHALL REQUIRE A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
EXPORTER: PRC-WIDE ENTITY
CASE NUMBER: A-570-965-000
CASH DEPOSIT RATE: 429.95%
8. FOR ALL OTHER ENTRIES OF DRILL PIPE, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY:
A. FOR ALL PRC EXPORTERS OF DRILL PIPE 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 DRILL PIPE WHICH HAVE NOT RECEIVED THEIR OWN RATE, THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC EXPORTER.
9. 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.
10. 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 O9:MR).
11. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
MICHAEL B. WALSH