AD: China Certain Cut-to-Length Carbon Steel Plate
The International Trade Administration has issued an affirmative preliminary determination of circumvention for the antidumping duty order on certain cut-to-length carbon steel plate from China.
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This preliminary circumvention determination affects the "inquiry merchandise" fully described below that is either (1) produced by Tianjin Iron and Steel Co., Ltd. (Tianjin), regardless of the exporter or the importer of the merchandise, or (2) imported by Toyota Tsusho America (Toyota Tsusho), regardless of the producer or exporter of the merchandise.
Addition of Boron Only a Minor Alteration, Plate Still Subject to Order
The ITA has determined that the inclusion of 0.0008 percent or more, by weight, of boron in subject 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 antidumping duty order.
(The addition of small amounts of boron during the steel making process results in a classification of alloy steel, which is not classified in a tariff number listed in the description of the scope of the order.)
Suspension of Liquidation/AD Cash Deposit Required for Subject Steel Plate
The ITA is directing U.S. Customs and Border Protection to suspend liquidation of the merchandise subject to this AD circumvention inquiry (inquiry merchandise) with a time of entry on or after October 20, 2008 (the date of the initiation of this inquiry).
The ITA will also instruct CBP to require a cash deposit of estimated duties at the applicable rates1 for each unliquidated entry of the product with a time of entry on or after October 20, 2008.
Scope of Inquiry Merchandise
The "inquiry merchandise" consists of all merchandise produced by Tianjin and/or imported by Toyota Tsusho 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 (i.e., Jominy test) result indicating a boron factor of 1.8 or greater.
This merchandise is currently classified in the Harmonized Tariff Schedule under item numbers 7225.40.3050, 7225.99.0090, 7226.91.5000, and 7226.99.0180. The ITA notes that although the HTS subheadings are provided for convenience and customs purposes, the written description of the inquiry merchandise is dispositive.
1According to ITA sources, the AD duty cash deposit rates to be applied to the subject imports depend upon the rates for the exporter and/or producer of the merchandise. Therefore, the ITA is unable to disclose the specific AD duty rates for the companies subject to this circumvention determination at this time. The ITA may issue more detailed instructions to CBP within a few days of this Federal Register publication at http://addcvd.cbp.gov/.
(See ITA's preliminary determination notice for more information, including the complete scope of the AD duty order, etc.
See ITT's Online Archives or 10/27/08 news, 08102750, for BP summary of the initiation of this AD duty circumvention inquiry.)
ITA contact - Steve Bezirganian (202) 482-1131
ITA notice (FR Pub 07/14/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-16646.pdf