AD: China Certain Cut-to-Length Carbon Steel Plate
The International Trade Administration has issued an affirmative final determination that certain inquiry merchandise produced by Tianjin Iron and Steel Co., Ltd. and/or imported by Toyota Tsusho America is within the class or kind of merchandise subject to the antidumping duty order on certain cut-to-length carbon steel plate from China.
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Addition of Boron Only a Minor Alteration, Plate Still Subject to Order
The ITA continues to find 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 AD 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.)
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.
Continued Suspension of Liquidation/AD Cash Deposit for Subject Steel Plate
The ITA is directing U.S. Customs and Border Protection to continue to suspend liquidation of inquiry merchandise with a time of entry on or after October 20, 2008, the date of the publication of the initiation notice.
The ITA will also instruct CBP to continue to require a cash deposit of estimated duties at the applicable rates for each unliquidated entry of the product with a time of entry on or after October 20, 2008.
For each such entry, CBP shall require AD duty cash deposits in accordance with those prevailing at the time of entry for the exporter.
(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.)
(See ITA final determination notice for more information, including the complete scope of the AD duty order, etc.
See ITT's Online Archives or 07/15/09 news, 09071540, for BP summary of the ITA's preliminary affirmative circumvention determination.)
ITA contact - Steve Bezirganian (202) 482-1131
ITA notice (FR Pub 08/12/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-19339.pdf
CBP preliminary determination liquidation/cash deposit instructions (dated 07/15/09) available at http://addcvd.cbp.gov/detail.asp?docID=9196202&qu=Tsusho&vw=detail