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Full text as published by U.S. Customs and Border Protection
1.
On 07/12/2019, Commerce published in the Federal Register its affirmative preliminary determination in the countervailing duty (CVD) investigation of certain fabricated structural steel from the People's Republic of China (subject merchandise) (84 FR 33224).
Additionally, Commerce has aligned the deadline for the final determination in the CVD investigation with the deadline for the final determination in the companion antidumping duty investigation of the same merchandise, currently scheduled to be issued no later than 11/18/2019.
2.
The merchandise covered by this investigation is carbon and alloy fabricated structural steel.
Fabricated structural steel is made from steel in which:
(1) iron predominates, by weight, over
each of the other contained elements; and (2) the carbon content is two percent or less by weight.
Fabricated structural steel products are steel products that have been fabricated for erection or
assembly into structures, including, but not limited to, buildings (commercial, office,
institutional, and multi-family residential); industrial and utility projects; parking decks; arenas
and convention centers; medical facilities; and ports, transportation and infrastructure facilities.
Fabricated structural steel is manufactured from carbon and alloy (including stainless) steel
products such as angles, columns, beams, girders, plates, flange shapes (including manufactured
structural shapes utilizing welded plates as a substitute for rolled wide flange sections), channels,
hollow structural section (HSS) shapes, base plates, and plate-work components.
Fabrication
includes, but is not limited to cutting, drilling, welding, joining, bolting, bending, punching,
pressure fitting, molding, grooving, adhesion, beveling, and riveting and may include items such
as fasteners, nuts, bolts, rivets, screws, hinges, or joints.
The inclusion, attachment, joining, or assembly of non-steel components with fabricated
structural steel does not remove the fabricated structural steel from the scope.
Fabricated structural steel is covered by the scope of the investigation regardless of whether it is
painted, varnished, or coated with plastics or other metallic or non-metallic substances and
regardless of whether it is assembled or partially assembled, such as into modules, modularized
construction units, or sub-assemblies of fabricated structural steel.
Subject merchandise includes fabricated structural steel that has been assembled or further
processed in the subject country or a third country, including but not limited to painting,
varnishing, trimming, cutting, drilling, welding, joining, bolting, punching, bending, beveling,
riveting, galvanizing, coating, 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 fabricated structural steel.
All products that meet the written physical description of the merchandise covered by the investigation are within the scope of the investigation unless specifically excluded or covered by the scope of an existing countervailing duty order.
Specifically excluded from the scope of the investigation are:
1. Fabricated steel concrete reinforcing bar (rebar) if:
(i) it is a unitary piece of fabricated
rebar, not joined, welded, or otherwise connected with any other steel product or part; or
(ii) it is joined, welded, or otherwise connected only to other rebar.
2. Fabricated structural steel for bridges and bridge sections that meets American
Association of State and Highway and Transportation Officials (AASHTO) bridge
construction requirements or any state or local derivatives of the AASHTO bridge
construction requirements.
3. Pre-engineered metal building systems, which are defined as complete metal buildings
that integrate steel framing, roofing and walls to form one, pre-engineered building
system, that meet Metal Building Manufacturers Association guide specifications. Pre-engineered metal building systems are typically limited in height to no more than 60 feet
or two stories.
4. Steel roof and floor decking systems that meet Steel Deck Institute standards.
5. Open web steel bar joists and joist girders that meet Steel Joist Institute specifications.
6. Also excluded from the scope of the investigation is scaffolding that complies with ANSI/ASSE A10.8 - 2011- Scaffolding Safety Requirements, and/or Occupational Safety and Health Administration regulations at 29 C.F.R. Part 1926 subpart L - Scaffolds. The outside diameter of the scaffold tubing covered by this exclusion ranges from 25mm to 80mm.
7. Excluded from the scope of the investigation are access flooring systems panels and accessories, where such panels have a total thickness ranging from 0.75 inches to 1.75 inches and consist of concrete, wood, other non-steel materials, or hollow space permanently attached to a top and bottom layer of galvanized or painted steel sheet or formed coil steel, the whole of which has been formed into a square or rectangle having a measurement of 24 inches on each side +/- 0.1 inch; 24 inches by 30 inches +/- 0.1 inch; or 24 by 36 inches +/- 0.1 inch.
8. Excluded from the investigation are the following types of steel poles, segments of steel poles, and steel components of those poles:
• Steel Electric Transmission Poles, or segments of such poles, that meet (1) the American Society of Civil Engineers (ASCE) – Design of Steel Transmission Pole Structures, ASCE/SEI 48 or (2) the USDA RUS bulletin 1724E-214 Guide specification for standard class Steel Transmission Poles.
The exclusion for steel electric transmission poles also encompasses the following components thereof: transmission arms which attach to poles; pole bases; angles that do not exceed 8” x 8” x 0.75”; steel vangs, steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates.
• Steel Electric Substation Poles, or segments of such poles, that meet the American Society of Civil Engineers (ASCE) - Manuals and Reports on Engineering Practice No. 113.
The exclusion for steel electric substation poles also encompasses the following components thereof: substation dead end poles; substation bus stands; substation mast poles, arms, and cross-arms; steel brackets, steel flanges, and steel caps; pole bases; safety climbing cables; ladders; and steel templates.
• Steel Electric Distribution Poles, or segments of such poles, that meet (1) American Society of Civil Engineers (ASCE) – Design of Steel Transmission Pole Structures, ASCE/SEI 48, (2) USDA RUS bulletin 1724E-204 Guide specification for steel single pole and H-frame structures, or (3) ANSI 05.1 height and class requirements for steel poles.
The exclusion for steel electric distribution poles also encompasses the following components thereof: distribution arms and cross-arms; pole bases; angles that do not exceed 8” x 8” x 0.75”; steel vangs, steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates.
• Steel Traffic Signal Poles, Steel Roadway Lighting Poles, Steel Parking Lot Lighting Poles, and Steel Sports Lighting Poles, or segments of such poles, that meet (1) the American Association of State Highway and Transportation Officials (AASHTO) – Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals, (2) any state or local derivatives of the AASHTO highway sign, luminaries, and traffic signals requirements, or (3) American National Standard Institute (ANSI) C136 - American National Standard for Roadway and Area Lighting Equipment standards.
The exclusion for steel traffic signal poles, steel roadway lighting poles, steel parking lot lighting poles, and steel sports lighting poles also encompasses the following components thereof:
luminaire arms; hand hole rims; hand hole covers; base plates that connect to either the shaft or the arms; mast arm clamps ; mast arm tie rods; transformer base boxes; formed full base covers that hide anchor bolts; step lugs; internal cable guides; lighting cross arms; lighting service platforms; angles that do not exceed 8” x 8” x 0.75”; stainless steel hand hole door hinges and wind restraints; steel brackets, steel flanges, and steel caps; safety climbing cables; ladders; and steel templates.
• Communication Poles, or segments of such poles, that meet (1) Telecommunications Industry Association (TIA) ANSI/TIA-222 Structural Standards for Steel Antenna Towers and Antenna Supporting Structures, or (2) American Association of State Highway and Transportation Officials (AASHTO) – Specifications for Structural Supports for Highway Signs, Luminaires, and Traffic Signals.
The exclusion for communication poles also encompasses the following components thereof: luminaire arms; hand hole rims; hand hole covers; base plate that connects the pole to the foundation or arm to the pole; safety climbing cables; ladders; service ground platforms; step lugs; pole steps; steel brackets, steel flanges, and steel caps; angles that do not exceed 8” x 8” x 0.75”, coax, and safety brackets; subcomponent kits for antenna mounts weighing 80 lbs. or less; service platforms; ice bridges; stainless steel hand hole door hinges and wind restraints; and steel templates.
• OEM Round or Polygonal Tapered Steel Poles, segments or shaft components of such poles, that meet the (1) ASCE 48 or AASHTO, (2) ANSI/TIA 222, (3) ANSI 05.1, (4) RUS bulletin 1724E-204, or (5) RUS bulletin 1724E-214. The exclusion for OEM round or polygonal tapered steel poles also encompasses the following components thereof: subcomponent kits for antenna mounts weighing 80 lbs. or less; mounts and platforms; steel brackets, steel flanges, and steel caps; angles that do not exceed 8” x 8” x 0.75”; bridge kits; safety climbing cables; ladders; and steel templates.
The inclusion or attachment of one or more of the above-referenced steel poles in a structure containing fabricated structural steel (FSS) does not remove the FSS from the scope of the investigation.
No language included in this exclusion should be read or understood to have applicability to any other aspect of this scope or to have applicability to or to exclude any product, part, or component other than those specifically identified in the exclusion.
The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 7308.90.6000, and 7308.90.9590.
The products subject to the investigation may also enter under the following HTSUS
subheadings:
7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 7222.40.6000,
7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 7308.40.0000, 7308.90.9530, and
9406.90.0030.
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 proceeding has been assigned case number C-570-103.
4.
Accordingly, CBP shall suspend liquidation of subject merchandise entered, or withdrawn from warehouse, for consumption on or after 07/12/2019 (the date of publication of the preliminary determination), and shall require, for such entries, a cash deposit equal to the percentages of entered value for the producer(s) and/or exporter(s) listed below.
Producer and/or Exporter:
Hongju Metals Co., Ltd.
Case Number:
C-570-103-001
Cash Deposit: 177.43 percent
Producer and/or Exporter:
Huaye Steel Structure Co.
Case Number:
C-570-103-002
Cash Deposit: 177.43 percent
Producer and/or Exporter:
Jiangsu Kingmore Storage Equipment
Case Number:
C-570-103-003
Cash Deposit: 177.43 percent
Producer and/or Exporter:
Jiangsu Zhengchang Cereal Oil & Feed
Case Number:
C-570-103-004
Cash Deposit: 177.43 percent
Producer and/or Exporter:
Modern Heavy Industries (Taicang) Co., Ltd.
Case Number:
C-570-103-005
Cash Deposit:
30.30 percent
Producer and/or Exporter:
Ningbo Jiangbei Huarentai Trade
Case Number:
C-570-103-006
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Ningbo Win Success Machinery Co., Ltd.
Case Number:
C-570-103-007
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Shangdong Taipeng Home Products Co.
Case Number:
C-570-103-008
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Shanghai Matsuo Steel Structure Co., Ltd. and its cross-owned affiliates:
(1) Chixiao Enterprise Co., Ltd.; and (2) Nanshan Development (Group) Incorporation.
Case Number:
C-570-103-009
Cash Deposit:
36.07 percent
Producer and/or Exporter:
Sinopec Engineering (Group) Co., Ltd.
Case Number:
C-570-103-010
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Sunjoy Industrial Group Limited
Case Number:
C-570-103-011
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Sunjoy Industries (Jiashan) Co., Ltd.
Case Number:
C-570-103-012
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Wuxi Huishan Metalwork Technology Co., Ltd.
Case Number:
C-570-103-013
Cash Deposit:
177.43 percent
Producer and/or Exporter:
Yueqing Yihua New Energy Technology
Case Number:
C-570-103-014
Cash Deposit:
177.43 percent
Producer and/or Exporter:
All Others
Case Number:
C-570-103-000
Cash Deposit Rate:
32.64 percent
5.
If there are any questions by the 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:
RIH.)
6.
There are no restrictions on the release of this information.
Alexander Amdur