AD: China Certain Cut-to-Length Carbon Steel Plate
The International Trade Administration has initiated a circumvention inquiry to determine whether certain altered steel plates are subject to the antidumping duty order on certain cut-to-length carbon steel plate from China.
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This inquiry will determine whether the inclusion of 0.0008% or more, by weight, of boron in certain steel plates results in those steel plates having been "altered in form or appearance in minor respects" from the subject merchandise such that the plates can be considered subject to the AD duty order under the minor alterations provision of the Tariff Act of 1930.
(The Act provides that the ITA may find circumvention of an AD duty order when products which are of the class or kind of merchandise subject to the order have been "altered in form or appearance in minor respects whether or not included in the same tariff classification.")
Certain Producer/Importer Subject to Inquiry, With Certain Exceptions
The merchandise subject to this AD circumvention inquiry consists of all cut-to-length plate produced by Tianjin Iron and Steel Co., Ltd. and/or imported by Toyota Tsusho America containing 0.0008% or more boron, by weight, and otherwise meeting the requirements of the scope of the AD duty order, with the exception of merchandise meeting all of the following requirements: aluminum level of 0.02% or greater, by weight; a ratio of 3.4 to 1 or greater, by weight, of titanium to nitrogen; and a hardenability test result indicating a boron factor of 1.8 or greater.
Suspension of Liquidation, Cash Deposit if Preliminary Affirmative Determination
The ITA is not ordering the suspension of liquidation of entries of any additional merchandise at this time. If the ITA issues a preliminary affirmative determination, it will then instruct U.S. Customs and Border Protection to suspend liquidation and require a cash deposit of estimated duties on the merchandise.
The ITA intends to issue its final determination within 300 days of October 20, 2008.
(See ITA notice for more information, including the scope of the order, etc.)
ITA contact - Steve Bezirganian (202) 482-1131
ITA notice (FR Pub 10/20/08) available at http://edocket.access.gpo.gov/2008/pdf/E8-24910.pdf