Message body
Full text as published by U.S. Customs and Border Protection
MESSAGE NO: 8333210
DATE: 11 28 2008
CATEGORY: ADA
TYPE: PRE
REFERENCE:
REFERENCE DATE:
CASES:
A - 580 - 861
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PERIOD COVERED:
11 06 2008
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING
DUTY INVESTIGATION OF CERTAIN CIRCULAR WELDED CARBON
QUALITY PIPE FROM KOREA (A-580-861-000 THROUGH 002)
1. ON 11/06/2008, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS AFFIRMATIVE PRELIMINARY DETERMINATION OF
SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL
DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF CERTAIN
CIRCULAR WELDED CARBON QUALITY STEEL LINE PIPE (WELDED LINE
PIPE) FROM THE REPUBLIC OF KOREA (KOREA).
2. THE MERCHANDISE THAT IS THE SUBJECT OF THIS INVESTIGATION IS
CIRCULAR WELDED CARBON QUALITY STEEL PIPE OF A KIND USED FOR
OIL AND GAS PIPELINES, NOT MORE THAN 406.4 MM (16 INCHES) IN
OUTSIDE DIAMETER, REGARDLESS OF WALL THICKNESS, LENGTH, SURFACE
FINISH, END FINISH OR STENCILING.
THE TERM CARBON-QUALITY STEEL INCLUDES BOTH CARBON STEEL AND
CARBON STEEL MIXED WITH SMALL AMOUNTS OF ALLOYING ELEMENTS THAT
MAY EXCEED THE INDIVIDUAL WEIGHT LIMITS FOR NONALLOY STEELS
IMPOSED IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
(HTSUS).
SPECFICIALLY, THE TERM CARBON-QUALITY INCLUDES
PRODUCTS IN WHICH (1) IRON PREDOMINATES BY WEIGHT OVER EACH OF
THE OTHER CONTAINED ELEMENTS, (2) THE CARBON CONTENT IS 2
PERCENT OR LESS BY WEIGHT AND (3) NONE OF THE ELEMENTS LISTED
BELOW EXCEEDS THE QUANTITY BY WEIGHT RESPECTIVELY INDICATED:
2.00 PERCENT OF MANGANESE, 2.25 PERCENT OF SILICON, 1.00
PERCENT OF COPPER, 0.50 PERCENT OF ALUMINUM, 1.25 PERCENT OF
CHROMIUM, 0.30 PERCENT OF COBALT, 0.40 PERCENT OF LEAD, 1.25
PERCENT OF NICKEL, 0.30 PERCENT OF TUNGSTEN, 0.012 PERCENT OF
BORON, 0.50 PERCENT OF MOLYBDENUM, 0.15 PERCENT OF NIOBIUM,
0.41 PERCENT OF TITANIUM, 0.15 PERCENT OF VANADIUM, OR
0.15 PERCENT OF ZIRCONIUM. WELDED LINE PIPE IS NORMALLY
PRODUCED TO SPECIFICATIONS PUBLISHED BY THE AMERICAN PETROLEUM
INSTITUTE (API) (OR COMPARABLE FOREIGN SPECIFICATIONS)
INCLUDING API A-25, 5LA, 5LB, AND X GRADES FROM 42 AND ABOVE,
AND/OR ANY OTHER PROPRIETARY GRADES OR NON-GRADED MATERIAL.
NEVERTHELESS, ALL PIPE MEETING THE PHYSICAL DESCRIPTION SET
FORTH ABOVE THAT IS OF A KIND USED IN OIL AND GAS PIPELINES,
INCLUDING ALL MULTIPLE-STENCILED PIPE WITH AN API LINE PIPE
STENCIL IS COVERED BY THE SCOPE OF THIS INVESTIGATION. THE LINE
PIPE PRODUCTS THAT ARE THE SUBJECT OF THIS INVESTIGATION ARE
CURRENTLY CLASSIFIABLE IN THE HTSUS UNDER SUBHEADINGS
7306.19.10.10, 7306.19.10.50, 7306.19.51.10, AND 7306.19.51.50.
WHILE HTSUS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND
CUSTOMS PURPOSES, THE WRITTEN DESCRIPTION OF THE SCOPE OF THIS
INVESTIGATION IS DISPOSITIVE.
3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-580-861.
4. FOR IMPORTS OF WELDED LINE PIPE FROM KOREA (EXCEPT FOR
SHIPMENTS PRODUCED AND EXPORTED BY SEAH STEEL CORPORATION
(A-580-861-002) WHICH HAD A ZERO RATE), THE BUREAU OF U.S.
CUSTOMS AND BORDER PROTECTION (CBP) SHALL SUSPEND LIQUIDATIONS
OF SUCH SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR
CONSUMPTION ON OR AFTER 11/06/2008. EFFECTIVE 11/06/2008,
CUSTOMS SHALL REQUIRE, FOR SUCH ENTRIES, A CASH DEPOSIT OR THE
POSTING OF A BOND EQUAL TO THE MARGINS SHOWN BELOW:
PRODUCER: HYUNDAI HYSCO
CASE NUMBER: A-580-861-001
CASH DEPOSIT RATE: 2.34%
PRODUCER: ALL OTHERS
CASE NUMBER: A-580-861-000
CASH DEPOSIT RATE: 2.34%
5. IF ANY ENTRIES OF THIS MERCHANDISE ARE EXPORTED BY A FIRM
OTHER THAN THE MANUFACTURER, THEN THE FOLLOWING INSTRUCTIONS
APPLY:
A. IF THE EXPORTER OF THE SUBJECT MERCHANDISE DOES NOT HAVE ITS
OWN RATE BUT THE MANUFACTURER HAS ITS OWN RATE, THE CASH
DEPOSIT OR BONDING RATE WILL BE THE MANUFACTURER'S RATE.
B. WHERE NEITHER THE EXPORTER NOR THE MANUFACTURER CURRENTLY
HAS ITS OWN RATE OR THE MANUFACTURER IS UNKNOWN, USE THE 'ALL
OTHER' RATE OF 2.34 PERCENT TO ESTABLISH THE CASH DEPOSIT OR
BONDING RATE.
6. 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.
7. 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 O7:PE).
8. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
DAVID M. GENOVESE