MESSAGE NO: 9028202 DATE: 1/28/2009

CATEGORY: ADA TYPE: FIN

REFERENCE: REFERENCE DATE:

CASES: A-570-930

PERIOD COVERED: 01/28/2009

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: FINAL DETERMINATION IN THE AD INVESTIGATION OF CIRCULAR, WELDED
AUSTENITIC STAINLESS PRESSURE PIPE FROM CHINA, (A-570-930)

THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

1\. ON 01/28/2009, COMMERCE WILL PUBLISH IN THE FEDERAL REGISTER

ITS FINAL DETERMINATION OF SALES AT LESS THAN FAIR VALUE IN THE

ANTIDUMPING DUTY INVESTIGATION OF CIRCULAR WELDED AUSTENITIC

STAINLESS PRESSURE PIPE FROM THE PEOPLE\'S REPUBLIC OF CHINA.

2\. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS CIRCULAR

WELDED AUSTENITIC STAINLESS PRESSURE PIPE NOT GREATER THAN 14

INCHES IN OUTSIDE DIAMETER. THIS MERCHANDISE INCLUDES, BUT IS

NOT LIMITED TO, THE AMERICAN SOCIETY FOR TESTING AND MATERIALS

(ASTM) A-312 OR ASTM A-778 SPECIFICATIONS, OR COMPARABLE

DOMESTIC OR FOREIGN SPECIFICATIONS. ASTM A-358 PRODUCTS ARE

ONLY INCLUDED WHEN THEY ARE PRODUCED TO MEET ASTM A-312 OR

ASTM A-778 SPECIFICATIONS, OR COMPARABLE DOMESTIC OR FOREIGN

SPECIFICATIONS.

EXCLUDED FROM THE SCOPE ARE:

\(1\) WELDED STAINLESS MECHANICAL TUBING, MEETING ASTM A-554

OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS;

(2)BOILER, HEAT EXCHANGER, SUPERHEATER, REFINING FURNACE,

FEEDWATER HEATER, AND CONDENSER TUBING, MEETING ASTM A-249,

ASTM A-688 OR COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS;

AND

\(3\) SPECIALIZED TUBING, MEETING ASTM A-269, ASTM A-270 OR

COMPARABLE DOMESTIC OR FOREIGN SPECIFICATIONS.

THE SUBJECT IMPORTS ARE NORMALLY CLASSIFIED IN SUBHEADINGS

7306.40.5005, 7306.40.5040, 7306.40.5062, 7306.40.5064, AND

7306.40.5085 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED

STATES (HTSUS). THEY MAY ALSO ENTER UNDER HTSUS SUBHEADINGS

7306.40.1010, 7306.40.1015, 7306.40.5042, 7306.40.5044,

7306.40.5080, AND 7306.40.5090. THE HTSUS SUBHEADINGS ARE

PROVIDED FOR CONVENIENCE AND CUSTOMS PURPOSES ONLY; THE

WRITTEN DESCRIPTION OF THE SCOPE OF THIS INVESTIGATION IS

DISPOSITIVE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN

ASSIGNED INVESTIGATION NUMBER A-570-930.

4\. FOR IMPORTS OF CIRCULAR WELDED AUSTENITIC STAINLESS

PRESSURE PIPE FROM THE PEOPLE\'S REPUBLIC OF CHINA, CBP

SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED, OR

WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER

09/05/2008.

5\. WE NOTE THAT, IN THE DEPARTMENT\'S FINAL DETERMINATION,

THE DEPARTMENT DETERMINED THAT WINNER MACHINERY ENTERPRISE

CO., LTD. (A-570-930-001) IS NO LONGER ENTITLED TO A SEPARATE

RATE. THEREFORE, CIRCULAR WELDED AUSTENITIC STAINLESS

PRESSURE PIPE FROM WINNER MACHINERY ENTERPRISE CO., LTD. FROM

THE PEOPLE\'S REPUBLIC OF CHINA ENTERED, OR WITHDRAWN FROM

WAREHOUSE, FOR CONSUMPTION ON OR AFTER 01/28/2009, SHOULD

ENTER UNDER CASE NUMBER A-570-930-000. THE CASH-DEPOSIT OR

BONDING RATE FOR THESE ENTRIES WILL BE THE PRC-WIDE RATE OF

55.21%.

6\. EFFECTIVE 01/28/2009, CBP SHALL REQUIRE, FOR ENTRIES OF

CIRCULAR WELDED AUSTENITIC STAINLESS PRESSURE PIPE FROM THE

EXPORTER/PRODUCER COMBINATIONS LISTED BELOW, A CASH DEPOSIT

OR THE POSTING OF A BOND EQUAL TO THE ANTIDUMPING DUTY RATES

SHOWN BELOW:

EXPORTER: ZHEJIANG JIULI HI-TECH METALS CO., LTD.

PRODUCER: ZHEJIANG JIULI HI-TECH METALS CO., LTD.

CASE NUMBER: A-570-930-002

CASH DEPOSIT RATE: 10.53%

PRC-WIDE ENTITY

CASE NUMBER: A-570-930-000

CASH DEPOSIT RATE: 55.21%

7\. FOR ALL OTHER ENTRIES OF CIRCULAR WELDED AUSTENITIC

STAINLESS PRESSURE PIPE, THE FOLLOWING CASH DEPOSIT/BONDING

INSTRUCTIONS APPLY:

A. FOR ALL PRC EXPORTERS OF CIRCULAR WELDED AUSTENITIC

STAINLESS PRESSURE PIPE, WHICH HAVE NOT RECEIVED THEIR OWN RATE

THE CASH-DEPOSIT OR BONDING RATE WILL BE THE PRC-WIDE RATE.

B. FOR ALL NON-PRC EXPORTERS OF CIRCULAR WELDED AUSTENITIC

STAINLESS PRESSURE PIPE WHICH HAVE NOT RECEIVED THEIR OWN RATE,

THE CASH-DEPOSIT OR BONDING RATE WILL BE THE RATE APPLICABLE TO

THE PRODUCER/EXPORTER COMBINATIONS THAT SUPPLIED THAT NON-PRC

EXPORTER.

8\. IN ACCORDANCE WITH T.D. 85-145, AT THE DISCRETION OF CBP,

CUSTOMS OFFICERS MAY ACCEPT EITHER A SINGLE-ENTRY BASIC

IMPORTATION AND ENTRY BOND OR A CONTINUOUS BASIC IMPORTATION

AND ENTRY BOND ONLY IF THE AMOUNT OF THE ESTIMATED ANTIDUMPING

OR COUNTERVAILING DUTY IS LESS THAN FIVE PERCENT AD VALOREM (OR

THE EQUIVALENT). OTHERWISE, WHERE THE IMPORTER HAS THE OPTION

TO POST A BOND FOR ESTIMATED ANTIDUMPING OR COUNTERVAILING

DUTIES, CUSTOMS OFFICERS MUST REQUIRE A SINGLE-ENTRY BASIC

IMPORTATION AND ENTRY BOND PURSUANT TO T.D. 85-145. YOU ARE

INSTRUCTED TO ADHERE TO THE REQUIREMENTS OF T.D. 85-145 WITH

RESPECT TO THESE BONDING REQUIREMENTS.

9\. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CBP

OFFICERS, THE IMPORTING PUBLIC OR INTERESTED PARTIES, PLEASE

CONTACT DAVINA HASHMI OR RON TRENTHAM AT THE OFFICE OF AD/CVD

OPERATIONS, IMPORT ADMINISTRATION, INTERNATIONAL TRADE

ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0984

OR (202) 482-3577, RESPECTIVELY (GENERATED BY O4:MB).

10\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS

INFORMATION.

DAVID M. GENOVESE