China CTL Steel Plate: Final Affirmative AD Circumvention Determination
The International Trade Administration has issued an affirmative final determination that certain cut-to-length carbon steel plate (CTL plate) products with 0.0008 percent or more boron, by weight, regardless of the producer, exporter or importer, are circumventing the antidumping duty order on CTL plate from China (A-570-849). As a result, such merchandise is being treated as subject to the AD order.
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(The ITA initiated this circumvention inquiry to determine whether the addition of 0.0008% or more, by weight, of boron in certain steel plates produced by Wuyang Iron and Steel Co., Ltd. resulted in those steel plates having been “altered in form or appearance in minor respects” so that such plates should be considered subject to the AD duty order under the “minor alterations” provision of the Tariff Act of 1930, and whether any circumvention determination should apply to others. The preliminary affirmative determination found circumvention on a country-wide basis, and applied the results to Wuyang and to other producers, as well as to exporters or importers.)
Affected Goods Contain 0.0008% or More Boron, Unless 3 Requirements Met
The affected merchandise consists of goods containing 0.0008 percent 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:
(1) aluminum level of 0.02 percent or greater, by weight; (2) a ratio of 3.4 to 1 or greater, by weight, of titanium to nitrogen; and (3) a hardenability test (i.e., Jominy test) result indicating a boron factor of 1.8 or greater.
This merchandise is currently classified in HTS 7225.40.3050, 7225.99.0090, 7226.91.5000, and 7226.99.0180.
Suspension of Liquidation, Cash Deposits Continues on Affected Goods on/after Apr 23, 2010
As a result of this final determination, the ITA is continuing to direct U.S. Customs and Border Protection to suspend liquidation of the affected merchandise (regardless of producer, exporter or importer) with a time of entry on or after April 23, 2010, the date of the initiation of the inquiry.
The ITA will also instruct CBP to continue to require a cash deposit of estimated AD duties at the applicable rates for each unliquidated entry of the product with a time of entry on or after April 23, 2010.
(See ITA notice for more information, including the scope of the order, etc. See ITT's Online Archives or 04/23/10 news, 10042336, for BP summary of the initiation of this anticircumvention inquiry. See ITT's Online Archives or 02/22/11 news, 11022227, for BP summary of preliminary results.)
Contact -- Steve Bezirganian (202) 482-1131
(FR Pub 08/17/11, ITA Case No. A-570-849)