FINAL DETERMINATION IN THE AD INVESTIGATION OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM CHINA (A-570-930)

MESSAGE NO: 9028202 DATE: 01 28 2009 CATEGORY: ADA TYPE: FIN REFERENCE: REFERENCE DATE: CASES: A - 570 - 930 - - - - - - - - - - PERIOD COVERED: 01 28 2009 TO LIQ SUSPENSION DATE: TO: DIRECTORS OF FIELD OPERATIONS PORT DIRECTORS FROM: DIRECTOR, SPECIAL ENFORCEMENT RE: FINAL DETERMINATION IN THE AD INVESTIGATION OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM CHINA (A-570-930) THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. 1. ON 01/28/2009, COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA. 2. THE MERCHANDISE COVERED BY 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 OF THIS INVESTIGATION IS DISPOSITIVE. 3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED INVESTIGATION NUMBER A-570-930. 4. FOR IMPORTS OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE PEOPLE'S REPUBLIC OF CHINA, CBP SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 09/05/2008. 5. WE NOTE THAT, IN THE DEPARTMENT'S FINAL DETERMINATION, THE DEPARTMENT DETERMINED THAT WINNER MACHINERY ENTERPRISE CO., LTD. (A-570-930-001) IS NO LONGER ENTITLED TO A SEPARATE RATE. THEREFORE, CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM WINNER MACHINERY ENTERPRISE CO., LTD. FROM THE PEOPLE'S REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/28/2009, SHOULD ENTER UNDER CASE NUMBER A-570-930-000. THE CASH-DEPOSIT OR BONDING RATE FOR THESE ENTRIES WILL BE THE PRC-WIDE RATE OF 55.21%. 6. EFFECTIVE 01/28/2009, CBP SHALL REQUIRE, FOR ENTRIES OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY RATES SHOWN BELOW: EXPORTER: ZHEJIANG JIULI HI-TECH METALS CO., LTD. PRODUCER: ZHEJIANG JIULI HI-TECH METALS CO., LTD. CASE NUMBER: A-570-930-002 CASH DEPOSIT RATE: 10.53% PRC-WIDE ENTITY CASE NUMBER: A-570-930-000 CASH DEPOSIT RATE: 55.21% 7. FOR ALL OTHER ENTRIES OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE, THE FOLLOWING CASH DEPOSIT/BONDING INSTRUCTIONS APPLY: A. FOR ALL PRC EXPORTERS OF CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE 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 CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE 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. 8. 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. 9. 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 O4:MB). 10. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION. DAVID M. GENOVESE