FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION ON ANTIDUMPING DUTY ORDER ON STEEL WIRE ROD FROM, MEXICO (A-201-806)

MESSAGE NO: 6292118 DATE: 10 19 1995 CATEGORY: ADA TYPE: FIN REFERENCE: REFERENCE DATE: CASES: A - 201 - 806 - - - - - - - - - - PERIOD COVERED: 02 28 1995 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: FINAL AFFIRMATIVE DETERMINATION OF CIRCUMVENTION ON ANTIDUMPING DUTY ORDER ON STEEL WIRE ROD FROM, MEXICO (A-201-806) 1. ON FEBRUARY 28, 1995, THE DEPARTMENT OF COMMERCE DETERMINED THAT IMPORTS INTO THE UNITED STATES OF STEEL WIRE STRAND FROM MEXICO, WHICH ARE ASSEMBLED IN THE UNITED STATES INTO STEEL WIRE ROPE FOR SALE IN THE UNITED STATES, WERE CIRCUMVENTING THE ANTIDUMPING DUTY ORDER ON STEEL WIRE ROPE FROM MEXICO. 2. AS A RESULT OF THIS DETERMINATION, EFFECTIVE FEBRUARY 28, 1995, CUSTOMS OFFICERS SHOULD SUSPEND LIQUIDATION OF ENTRIES OF STEEL WIRE STRAND FROM MEXICO PRODUCED BY GRUPO CAMESA S.A. DE C.V. (GRUPO CAMESA) AND COLLECT A CASH DEPOSIT OF ESTIMATED ANTIDUMPING DUTIES. 3. IF ENTRIES ARE ACCOMPANIED BY END-USE CERTIFICATES CERTIFYING THAT THE STRAND WILL NOT BE USED FOR THE MANUFACTURE OF STEEL WIRE ROPE, SUSPENSION OF LIQUIDATION AND COLLECTION OF A CASH DEPOSIT ARE NOT REQUIRED. CERTIFICATES NEED TO BE FILED ONLY FOR STEEL WIRE STRAND PRODUCED IN MEXICO AND IMPORTED TO THE UNITED STATES WHICH IS NOT TO BE USED IN THE UNITED STATES FOR THE PRODUCTION OF STEEL WIRE ROPE. INTERESTED PARTIES SHOULD BE ADVISED THAT DATA AND STATEMENTS SUPPORTING THE EXCLUSION OF STEEL WIRE STRAND FROM THIS ANTIDUMPING DUTY ORDER ARE SUBJECT TO VERIFICATION BY THE UNITED STATES GOVERNMENT. THE APPROPRIATE CERTIFICATION STATEMENT MUST BE PROVIDED BY THE IMPORTER. ALL CERTIFICATES MUST BE IN THE PROPER FORM AS DESCRIBED BELOW. PARTIES HAVE 60 DAYS FROM THE DATE OF ENTRY TO SUBMIT THE APPROPRIATE CERTIFICATIONS TO THE U.S. CUSTOMS SERVICE. PARTIES SHOULD ENSURE THAT THE CERTIFICATIONS CONTAIN SUFFICIENT DETAIL REGARDING THE MERCHANDISE TO ASSOCIATE THIS STATEMENT WITH THE IMPORTED MERCHANDISE. 1. IMPORTER CERTIFICATES IMPORTERS MUST PROVIDE AN END-USE CERTIFICATION STATEMENT. CERTIFICATES MUST BE IN THE APPROPRIATE FORMAT AS DESCRIBED BELOW: A. IMPORTER IS THE END USER NAME OF IMPORTER/END USER: ____________________ I, ______________________, HEREBY CERTIFY THAT I AM AN OFFICIAL OF _____________________ (COMPANY IMPORTING AND CONSUMING STEEL WIRE STRAND), AND THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING THE IMPORTATION OF STEEL WIRE STRAND PRODUCED IN MEXICO BY GRUPO CAMESA AND IMPORTED INTO THE UNITED STATES. I FURTHER CERTIFY THAT THIS STEEL WIRE STRAND IS BEING IMPORTED FOR USE BY ___________________(COMPANY NAME) AND THAT, AFTER IMPORTATION INTO THE UNITED STATES, THIS STEEL WIRE STRAND WILL NO BE USED FOR PROCESSING INTO STEEL WIRE ROPE. ___________________________ SIGNATURE OF IMPORT COMPANY OFFICIAL AND TITLE B. IMPORTER IS NOT THE END USER (KNOWLEDGE OF END USE) NAME OF IMPORTER: ______________________ I, _______________, HEREBY CERTIFY THAT I AM AN OFFICIAL OF ________________ (COMPANY IMPORTING STEEL WIRE STRAND), AND THAT I HAVE KNOWLEDGE OF THE FACTS REGARDING THE END USE OF STEEL WIRE STRAND PRODUCED IN MEXICO BY GRUPO CAMESA AND IMPORTED INTO THE UNITED STATES. I FURTHER CERTIFY THAT THIS STEEL WIRE STRAND IS BEING IMPORTED FOR USE BY _____________ (CONSUMER COMPANY NAME) AND THAT, AFTER IMPORTATION INTO THE UNITED STATES, THIS STEEL WIRE STRAND WILL NOT BE USED FOR PROCESSING INTO STEEL WIRE ROPE. _________________________ SIGNATURE OF IMPORTING COMPANY OFFICIAL AND TITLE C. IMPORTER IS NOT THE END USER (NO KNOWLEDGE OF END USE) NAME OF IMPORTER: ____________________ I, _________________, HEREBY CERTIFY THAT I AM AN OFFICIAL OF _____________________ (COMPANY IMPORTING STEEL WIRE STRAND), AND THAT I DO NOT HAVE KNOWLEDGE OF THE FACTS REGARDING THE END USE OF THIS STEEL WIRE STRAND PRODUCED IN MEXICO BY GRUPO CAMESA AND IMPORTED INTO THE UNITED STATES. I AM AWARE THAT IF I GAIN KNOWLEDGE OF THE END-USE OF THE IMPORTED STEEL WIRE STRAND THEN I MAY SUBMIT CERTIFICATION(S) WITHIN 60 DAYS FROM THE DATE OF ENTRY TO SUPPORT THE EXCLUSION OF THE IMPORTS FROM THE ANTIDUMPING DUTY ORDER ON STEEL WIRE ROPE FROM MEXICO AND THAT THE ENTRY IS SUBJECT TO THE APPLICABLE CASH DEPOSIT RATE UNTIL THE DOCUMENTS ARE SUBMITTED. I AM ALSO AWARE THAT IF THE DOCUMENTATION IS NOT SUBMITTED WITHIN 60 DAYS FROM THE DATE OF ENTRY, THE ENTRY WILL BE TREATED WITHIN THE SCOPE OF THE ANTIDUMPING DUTY ORDER ON STEEL WIRE ROPE FROM MEXICO. _____________________________ SIGNATURE OF IMPORTING COMPANY OFFICIAL AND TITLE 4. PARTIES HAVE 60 DAYS FROM THE DATE OF ENTRY TO SUBMIT DOCUMENTATION TO CUSTOMS TO SUPPORT THE CERTIFICATION. HOWEVER, IF THIS DOCUMENTATION IS NOT PRESENTED AT THE TIME OF ENTRY, THE MERCHANDISE SHOULD BE SUBJECT TO THE APPLICABLE CASH DEPOSIT REQUIREMENT UNTIL SUCH DOCUMENTATION IS PRESENTED. 5. AGENTS OF THE IMPORTER, SUCH AS BROKERS, ARE NOT PERMITTED TO MAKE SUCH CERTIFICATIONS. 6. IF THERE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS OFFICERS, PLEASE CONTACT VIA E-MAIL THROUGH THE APPRORPRIATE SUPERVISORY CHANNELS, TECHNICAL PROGRAMS, ANTIDUMPING/COUNTERVAILING DUTY USING THE ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED PARTIES SHOULD CONTACT ZEV PRIMOR AT (202) 482-5253, OF THE OFFICE OF ANTIDUMPING COMPLIANCE, IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE. 7. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION. NANCY MCTIERNAN NOTE: THIS MESSAGE WAS INADVERTENTLY REMOVED FROM ADIL SO HAS BEEN REPOSTED TO ADIL ON NOVEMBER 12, 2009. THE ORIGINAL MESSAGE WAS SENT TO REGIONAL DIRECTORS, COMMERCIAL OPERATIONS, DISTRICT DIRECTORS, AREA AND PORT DIRECTORS, NOT DIRECTORS, FIELD OPERATIONS AND PORT DIRECTORS. DIRECTOR, TECHNICAL PROGRAMS IS NOW SHOWN AS DIRECTOR, SPECIAL ENFORCEMENT. THE BALANCE OF THE TEXT AND INFORMATION REMAINS UNCHANGED AND MATCHES THE MESSAGE THAT STILL APPEARS ON THE ADD/CVD SEARCH APPLICATION ON CBP.GOV.