CSMS 6320309·Trade policy·November 15, 2016·View on csms.cbp.gov ↗

Notice of preliminary determination for certain carbon and alloy steel cut-to-length plate from Italy (A-475-834) and critical circumstances for (A-475-834-001, A-475-834-002, A-475-834-003)

Plain-English explanation

CSMS 6320309 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (trade policy), published on November 15, 2016. It carries the official CBP guidance brokers and importers must follow for the topic — "Notice of preliminary determination for certain carbon and alloy steel cut-to-length plate from Italy (A-475-834) and critical circumstances for (A-475-834-001, A-475-834-002, A-475-834-003)". It links to 1 AD/CVD case in Tandom's catalog. CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Linked AD/CVD cases(1)

Cases referenced or affected by this CSMS message

A-475-834

Message body

Full text as published by U.S. Customs and Border Protection

1. On 11/14/2016, Commerce published in the Federal Register its affirmative preliminary determination of sales at less than fair value, affirmative determination of critical circumstances, and postponement of the final determination in the antidumping duty investigation of certain carbon and alloy steel cut-to-length plate from Italy (81 FR 79423). 2. The products covered by this investigation are certain carbon and alloy steel hot-rolled or forged flat plate products not in coils, whether or not painted, varnished, or coated with plastics or other non-metallic substances (cut-to-length plate). Subject merchandise includes plate that is produced by being cut-to-length from coils or from other discrete length plate and plate that is rolled or forged into a discrete length. The products covered include (1) Universal mill plates (i.e., flat-rolled products rolled on four faces or in a closed box pass, of a width exceeding 150 mm but not exceeding 1250 mm, and of a thickness of not less than 4 mm, which are not in coils and without patterns in relief), and (2) hot-rolled or forged flat steel products of a thickness of 4.75 mm or more and of a width which exceeds 150 mm and measures at least twice the thickness, and which are not in coils, whether or not with patterns in relief. The covered products described above may be rectangular, square, circular or other shapes and include products of either rectangular or non-rectangular cross-section where such non-rectangular cross-section is achieved subsequent to the rolling process, i.e., products which have been “worked after rolling” (e.g., products which have been beveled or rounded at the edges). For purposes of the width and thickness requirements referenced above, the following rules apply: (1) except where otherwise stated where the nominal and actual thickness or width measurements vary, a product from a given subject country is within the scope if application of either the nominal or actual measurement would place it within the scope based on the definitions set forth above; and (2) where the width and thickness vary for a specific product (e.g., the thickness of certain products with non-rectangular cross-section, the width of certain products with non-rectangular shape, etc.), the measurement at its greatest width or thickness applies. Steel products included in the scope of this investigation are products in which: (1) iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight. Subject merchandise includes cut-to-length plate that has been further processed in the subject country or a third country, including but not limited to pickling, oiling, levelling, annealing, tempering, temper rolling, skin passing, painting, varnishing, trimming, cutting, punching, beveling, and/or slitting, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the cut-to-length plate. All products that meet the written physical description, are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. The following products are outside of, and/or specifically excluded from, the scope of this investigation: (1) products clad, plated, or coated with metal, whether or not painted, varnished or coated with plastic or other non-metallic substances; (2) military grade armor plate certified to one of the following specifications or to a specification that references and incorporates one of the following specifications: • MIL-A-12560, • MIL-DTL-12560H, • MIL-DTL-12560J, • MIL-DTL-12560K, • MIL-DTL-32332, • MIL-A-46100D, • MIL-DTL-46100-E, • MIL-46177C, • MIL-S-16216K Grade HY80, • MIL-S-16216K Grade HY100, • MIL-S-24645A HSLA-80; • MIL-S-24645A HSLA-100, • T9074-BD-GIB-010/0300 Grade HY80, • T9074-BD-GIB-010/0300 Grade HY100, • T9074-BD-GIB-010/0300 Grade HSLA80, • T9074-BD-GIB-010/0300 Grade HSLA100, and • T9074-BD-GIB-010/0300 Mod. Grade HSLA115, except that any cut-to-length plate certified to one of the above specifications, or to a military grade armor specification that references and incorporates one of the above specifications, will not be excluded from the scope if it is also dual- or multiple-certified to any other non-armor specification that otherwise would fall within the scope of this order; (3) stainless steel plate, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight; (4) CTL plate meeting the requirements of ASTM A-829, Grade E 4340 that are over 305 mm in actual thickness; (5) Alloy forged and rolled CTL plate greater than or equal to 152.4 mm in actual thickness meeting each of the following requirements: (a) Electric furnace melted, ladle refined & vacuum degassed and having a chemical composition (expressed in weight percentages): • Carbon 0.23-0.28, • Silicon 0.05-0.20, • Manganese 1.20-1.60, • Nickel not greater than 1.0, • Sulfur not greater than 0.007, • Phosphorus not greater than 0.020, • Chromium 1.0-2.5, • Molybdenum 0.35-0.80, • Boron 0.002-0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm; (b) With a Brinell hardness measured in all parts of the product including mid thickness falling within one of the following ranges: (i) 270-300 HBW, (ii) 290-320 HBW, or (iii) 320-350HBW; (c) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.0, C not exceeding 0.5, D not exceeding 1.5; and (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 2 mm flat bottom hole; (6) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, Ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): • Carbon 0.23-0.28, • Silicon 0.05-0.15, • Manganese 1.20-1.50, • Nickel not greater than 0.4, • Sulfur not greater than 0.010, • Phosphorus not greater than 0.020, • Chromium 1.20-1.50, • Molybdenum 0.35-0.55, • Boron 0.002-0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm; (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.5, B not exceeding 1.5, C not exceeding 1.0, D not exceeding 1.5; (c) Having the following mechanical properties: (i) With a Brinell hardness not more than 237 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 75ksi min and UTS 95ksi or more, Elongation of 18% or more and Reduction of area 35% or more; having charpy V at -75 degrees F in the longitudinal direction equal or greater than 15 ft. lbs (single value) and equal or greater than 20 ft. lbs (average of 3 specimens) and conforming to the requirements of NACE MR01-75; or (ii) With a Brinell hardness not less than 240 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 90 ksi min and UTS 110 ksi or more, Elongation of 15% or more and Reduction of area 30% or more; having charpy V at -40 degrees F in the longitudinal direction equal or greater than 21 ft. lbs (single value) and equal or greater than 31 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301; (7) Alloy forged and rolled steel CTL plate over 407 mm in actual thickness and meeting the following requirements: (a) Made from Electric Arc Furnace melted, ladle refined & vacuum degassed, alloy steel with the following chemical composition (expressed in weight percentages): • Carbon 0.25-0.30, • Silicon not greater than 0.25, • Manganese not greater than 0.50, • Nickel 3.0-3.5, • Sulfur not greater than 0.010, • Phosphorus not greater than 0.020, • Chromium 1.0-1.5, • Molybdenum 0.6-0.9, • Vanadium 0.08 to 0.12 • Boron 0.002-0.004, • Oxygen not greater than 20 ppm, • Hydrogen not greater than 2 ppm, and • Nitrogen not greater than 60 ppm. (b) Having cleanliness in accordance with ASTM E45 method A (Thin and Heavy): A not exceeding 1.0(t) and 0.5(h), B not exceeding 1.5(t) and 1.0(h), C not exceeding 1.0(t) and 0.5(h), and D not exceeding 1.5(t) and 1.0(h); (c) Having the following mechanical properties: A Brinell hardness not less than 350 HBW measured in all parts of the product including mid thickness; and having a Yield Strength of 145ksi or more and UTS 160ksi or more, Elongation of 15% or more and Reduction of area 35% or more; having charpy V at -40 degrees F in the transverse direction equal or greater than 20 ft. lbs (single value) and equal or greater than 25 ft. lbs (average of 3 specimens); (d) Conforming to ASTM A578-S9 ultrasonic testing requirements with acceptance criteria 3.2 mm flat bottom hole; and (e) Conforming to magnetic particle inspection in accordance with AMS 2301. The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7225.40.1110, 7225.40.1180, 7225.40.3005, 7225.40.3050, 7226.20.0000, and 7226.91.5000. The products subject to the investigation may also enter under the following HTSUS item numbers: 7208.40.6060, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.19.1500, 7211.19.2000, 7211.19.4500, 7211.19.6000, 7211.19.7590, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7214.10.0000, 7214.30.0010, 7214.30.0080, 7214.91.0015, 7214.91.0060, 7214.91.0090, 7225.11.0000, 7225.19.0000, 7225.40.5110, 7225.40.5130, 7225.40.5160, 7225.40.7000, 7225.99.0010, 7225.99.0090, 7226.11.1000, 7226.11.9060, 7226.19.1000, 7226.19.9000, 7226.91.0500, 7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560, 7226.91.7000, 7226.91.8000, and 7226.99.0180. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive. 3. This investigation has been assigned investigation number A-475-834. 4. Because Commerce determined that critical circumstances exist for imports of certain carbon and alloy steel cut-to-length plate from Italy from the producers and/or exporters listed below, CBP shall suspend liquidation of all appropriate entries of certain carbon and alloy steel cut-to-length plate from Italy that are entered, or withdrawn from warehouse, for consumption on or after 08/16/2016, which is 90 days before the date of publication of the preliminary determination in the Federal Register. Effective 08/16/2016, for entries of certain carbon and alloy steel cut-to-length plate from Italy from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins: Producer and/or Exporter: Marcegaglia SpA Case number: A-475-834-001 Cash deposit rate: 130.63% Producer and/or Exporter: NLMK Verona SpA Case number: A-475-834-002 Cash deposit rate: 12.53% Producer and/or Exporter: Officine Tecnosider S.r.l. Case number: A-475-834-003 Cash deposit rate: 6.10% 5. Commerce found that critical circumstances do not exist for imports of certain carbon and alloy steel cut-to-length plate from Italy from the producers and/or exporters listed below. For imports of certain carbon and alloy steel cut-to-length plate from Italy from the producers and/or exporters listed below CBP shall suspend liquidation of such entries which were entered, or withdrawn from warehouse, for consumption on or after 11/14/2016. Effective 11/14/2016, for entries of certain carbon and alloy steel cut-to-length plate from Italy from the producers and/or exporters listed below, CBP shall require a cash deposit equal to the following dumping margins: All Others Case Number: A-475-834-000 Cash Deposit Rate: 8.34% 6. If any entries of this merchandise are exported by a firm other than the producer, then the following instructions apply: A. If the exporter of the subject merchandise does not have its own rate but the producer has its own rate, the cash deposit or bonding rate will be the producer's rate. B. Where neither the exporter nor the producer has its own rate or the producer is unknown, use the all-others rate of 8.34 percent to establish the cash deposit rate. 7. If there are any questions by the importing public regarding this message, please contact the Call Center for the Office of AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce at (202) 482-0984. CBP ports should submit their inquiries through authorized CBP channels only. (This message was generated by OII: AM.) 8. There are no restrictions on the release of this information. Alexander Amdur

Frequently asked questions

What is CSMS 6320309?

CSMS 6320309 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "Notice of preliminary determination for certain carbon and alloy steel cut-to-length plate from Italy (A-475-834) and critical circumstances for (A-475-834-001, A-475-834-002, A-475-834-003)". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 6320309 published?

CBP published CSMS 6320309 on November 15, 2016. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Which AD/CVD cases does CSMS 6320309 affect?

CSMS 6320309 references 1 AD/CVD case (A-475-834). The links on this page take you to each linked order with its current scope, rates, and history.

Is the CBP CSMS the legally binding instruction?

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