AD: China Certain Carbon Steel Plate
The International Trade Administration has initiated an anticircumvention inquiry to determine whether imports of certain cut-to-length carbon steel plate (CTL plate) are circumventing the AD duty order on CTL plate from China.
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ITA to Determine Whether Inclusion of Boron is “Minor Alteration”
The ITA 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” 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 Subject to Inquiry, With Exceptions
The merchandise subject to this AD circumvention inquiry consists of CTL plate produced by Wuyang Iron and Steel Co., Ltd. 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.
(The ITA also intends to address whether its circumvention ruling will apply to particular producers, exporters, and/or importers (e.g., Stemcor USA Inc.1) or to U.S. imports of all CTL plate from China.)
Suspension of Liquidation, Cash Deposit if Preliminary Affirmative Determination
The ITA will not order 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.
1It was also requested that the ITA make a circumvention ruling with respect to CTL plate imported by Stemcor, which asserts that it is not involved in circumventing the order. The ITA intends to explore the issues raised in Stemcor's comments after initiation.
(See ITA notice for more information, including the scope of the order, etc.)
ITA contact -- Rebecca Pandolph (202) 482-3627
ITA notice (FR Pub 04/23/10) available at http://edocket.access.gpo.gov/2010/pdf/2010-9488.pdf