LIQ. INST. & AMENDED PRELIM. DETERMINATION/AMENDED CASH DEP. FOR CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM CHINA (C-570-931-000/001/002)

MESSAGE NO: 8233206 DATE: 08 20 2008 CATEGORY: CVD TYPE: LIQ REFERENCE: REFERENCE DATE: CASES: C - 570 - 931 - - - - - - - - - - PERIOD COVERED: 07 10 2008 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: LIQ. INST. & AMENDED PRELIM. DETERMINATION/AMENDED CASH DEP. FOR CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM CHINA (C-570-931-000/001/002) 1. ON 08/07/2008,THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER ITS AMENDED PRELIMINARY DETERMINATION IN THE COUNTERVAILING DUTY INVESTIGATION OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA (73 FR 45954). 2. THE SCOPE OF THIS INVESTIGATION IS CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE NOT GREATER THAN 14 INCHES IN OUTSIDE DIAMETER. THIS MERCHANDISE INCLUDES, BUT IS NOT LIMITED TO, THE AMERICAN SOCIETY FOR TESTING AND MATERIALS (ASTM) A-312 OR ASTM A-778 SPECIFICATIONS, OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS. ASTM A-358 PRODUCTS ARE ONLY INCLUDED WHEN THEY ARE PRODUCED TO MEET ASTM A-312 OR ASTM A-778 SPECIFICATIONS, OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS. EXCLUDED FROM THE SCOPE ARE: (1) WELDED STAINLESS MECHANICAL TUBING, MEETING ASTM A-554 OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS; (2) BOILER, HEAT EXCHANGER, SUPERHEATER, REFINING FURNACE, FEEDWATER HEATER, AND CONDENSER TUBING, MEETING ASTM A-249, ASTM A-688 OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS; AND (3) SPECIALIZED TUBING, MEETING ASTM A-269, ASTM A-270 OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS. THE SUBJECT IMPORTS ARE NORMALLY CLASSIFIED IN SUBHEADINGS 7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, AND 7306.40.5085 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTSUS). THEY MAY ALSO ENTER UNDER HTSUS SUBHEADINGS 7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044, 7306.40.5080, AND 7306.40.5090. THE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES ONLY; THE WRITTEN DESCRIPTION OF THE SCOPE IS DISPOSITIVE. 3. COMMERCE HAS DETERMINED THAT NO SUSPENSION OF LIQUIDATION IS REQUIRED FOR IMPORTS OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA PRODUCED AND EXPORTED BYTHE WINNER STAINLESS STEEL TUBE CO., LTD (WINNER), WINNER MACHINERY ENTERPRISE COMPANY, LTD, (WINNER HK), AND WINNER STEEL PRODUCTS (GUANGZHOU) CO., LTD. (WSP) (COLLECTIVELY THE WINNER COMPANIES) (C-570-931-001)). SEE 73 FR 45954, DATED 08/07/2008. ACCORDINGLY, U.S. CUSTOMS AND BORDER PROTECTION (CBP) IS DIRECTED TO TERMINATE THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/10/2008, BY THE WINNER COMPANIES AND TO RELEASE ANY BOND OR OTHER SECURITYAND REFUND ANY CASH DEPOSIT. FOR ALL OTHER IMPORTS OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA, CBP SHALL CONTINUE TO SUSPEND LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/10/2008. WITH RESPECT TO FROCH ENTERPRISE CO. LTD. (FROCH) (ALSO KNOWN AS ZHANGYUAN METAL INDUSTRY CO., LTD.), CBP IS DIRECTED TO REQUIRE A CASH DEPOSIT OR BOND FOR SUCH ENTRIES OF SUBJECT MERCHANDISE IN THE AMOUNTS INDICATED BELOW THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 07/10/2008 AND TO GRANT A REFUND OF ANY OVERCOLLECTION OF DEPOSITS ON SUCH ENTRIES BETWEEN 07/10/2008 AND08/07/2008. INSTRUCTIONS FOR GRANTING A REFUND ON ANY OVERCOLLECTION WILL BE ISSUED IN A SEPARATE MESSAGE TO FOLLOW. REGARDING THE RATE APPLIED TO ALL OTHER COMPANIES NOT INDIVIDUALLY INVESTIGATED, WE ARE DIRECTING CBP TO REQUIRE A CASH DEPOSIT OR BOND FOR SUCH ENTRIES OF SUBJECT MERCHANDISE IN THE AMOUNT INDICATED BELOW THAT ARE ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ONOR AFTER 08/07/2008. WINNER STAINLESS STEEL TUBE CO., LTD.(WINNER)/ WINNER STEEL PRODUCTS (GUANGZHOU) CO. LTD. (WSP)/WINNER MACHINERY ENTERPRISE COMPANY LIMITED (WINNER HK) (COLLECTIVELY, THE WINNER COMPANIES) C-570-931-001 0.00 PERCENT FROCH ENTERPRISE CO. LTD. (FROCH) (ALSO KNOWN AS ZHANGYUAN METAL INDUSTRY CO. LTD.) C-570-931-002 105.73 PERCENT ALL OTHERS C-570-931-000 53.04 PERCENT 4. INTEREST PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY. 5. NOTICE OF LIFTING OF SUSPENSION OF LIQUIDATION OF ENTRIES OF MERCHANDISE UNDER INVESTIGATION WITH RESPECT TO THE WINNER COMPANIES OCCURRED WITH THE PUBLICATION OF THE AMENDED PRELIMINARY DETERMINATION (73 FR 45954) ON 08/07/2008. 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 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 O3: EBG). 7. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVD M. GENOVESE