MESSAGE NO: 8310211 DATE: 11/5/2008

CATEGORY: ADA TYPE: OTH

REFERENCE: 9355113 REFERENCE DATE: 12/21/1998

CASES: A-462-315

PERIOD COVERED: 11/01/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: SUSPENSION AGREEMENT INSTRUCTIONS FOR CUT-TO-LENGTH, CARBON PLATE
FROM UKRAINE (A-462-315)

1\. THESE INSTRUCTIONS ARE IN REFERENCE TO THE SUSPENDED

ANTIDUMPING DUTY INVESTIGATION ON CERTAIN CUT-TO-LENGTH CARBON

STEEL PLATE FROM UKRAINE (A-823-808).

PLEASE NOTE THAT THE CASE NUMBER (A-823-808) REFERENCED ABOVE

FOR UKRAINE CORRESPONDS TO THE CASE NUMBER AS DETERMINED BY THE

DEPARTMENT OF COMMERCE. FOR THE PURPOSES OF THE US BUREAU OF

CUSTOMS AND BORDER PROTECTION (\"CUSTOMS\"), THE CORRESPONDING

CASE NUMBER FOR UKRAINE IS A-462-315.

2\. THE DEPARTMENT OF COMMERCE (THE DEPARTMENT) PUBLISHED IN

THE FEDERAL REGISTER ON OCTOBER 3, 2008, (73 FR 57602) THE

REVISED SUSPENSION AGREEMENT ON CERTAIN CUT-TO-LENGTH CARBON

STEEL PLATE FROM UKRAINE. CERTAIN CUT-TO-LENGTH CARBON STEEL

PLATE FROM UKRAINE IS SUBJECT TO THE TERMS AND CONDITIONS OF

THE SUSPENSION AGREEMENT BETWEEN THE DEPARTMENT OF COMMERCE AND

THE SIGNATORIES TO THE SUSPENSION AGREEMENT, OJSC ALCHEVSK IRON

& STEEL WORKS, AZOVSTAL IRON & STEEL WORKS, AND ILYICH IRON &

STEEL WORKS.

PLEASE NOTE: THIS AGREEMENT REPLACES THE PREVIOUS NON-MARKET

ECONOMY SUSPENSION AGREEMENT DATED OCTOBER 24, 1997 AND

CORRESPONDING INSTRUCTIONS SENT TO CUSTOMS ON JANUARY 30,

1998, AUGUST 11, 1998, DECEMBER 21, 1998, AND JULY 20, 2000

(MESSAGE NUMBERS 8030115, 8223111, 9355113, AND 0202214

RESPECTIVELY).

3\. THE MERCHANDISE COVERED BY THIS SUSPENDED INVESTIGATION

INCLUDES CERTAIN HOT-ROLLED IRON AND NON-ALLOY STEEL UNIVERSAL

MILL PLATES (I.E., FLAT-ROLLED PRODUCTS ROLLED ON FOUR FACES OR

IN A CLOSED BOX PASS, OF A WIDTH EXCEEDING 150 MM BUT NOT

EXCEEDING 1250 MM AND OF A THICKNESS OF NOT LESS THAN 4 MM, NOT

IN COILS AND WITHOUT PATTERNS IN RELIEF), OF RECTANGULAR SHAPE,

NEITHER CLAD, PLATED NOR COATED WITH METAL, WHETHER OR NOT

PAINTED, VARNISHED, OR COATED WITH PLASTICS OR OTHER

NONMETALLIC SUBSTANCES; AND CERTAIN IRON AND NON-ALLOY STEEL

FLAT-ROLLED PRODUCTS NOT IN COILS, OF RECTANGULAR SHAPE,

HOT-ROLLED, NEITHER CLAD, PLATED, NOR COATED WITH METAL,

WHETHER OR NOT PAINTED, VARNISHED, OR COATED WITH PLASTICS OR

OTHER NONMETALLIC SUBSTANCES, 4.75 MM OR MORE IN THICKNESS AND

OF A WIDTH WHICH EXCEEDS 150 MM AND MEASURES AT LEAST TWICE THE

THICKNESS. INCLUDED AS SUBJECT MERCHANDISE IN THE AGREEMENT ARE

FLAT-ROLLED PRODUCTS OF NONRECTANGULAR CROSS-SECTION WHERE

SUCH CROSS-SECTION IS ACHIEVED SUBSEQUENT TO THE RO

LLING PROCESS (I.E., PRODUCTS WHICH HAVE BEEN \"WORKED AFTER

ROLLING\")\--FOR EXAMPLE, PRODUCTS WHICH HAVE BEEN BEVELLED OR

ROUNDED AT THE EDGES. THIS MERCHANDISE IS CURRENTLY CLASSIFIED

IN THE HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES (HTS)

UNDER ITEM NUMBERS 7208.40.3030, 7208.40.3060, 7208.51.0030,

7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000,

7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000,

7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000,

7212.40.5000, 7212.50.0000.

EXCLUDED FROM THE SCOPE OF THIS AGREEMENT IS GRADE X-70 PLATE.

ALTHOUGH THE HTS SUBHEADINGS ARE PROVIDED FOR CONVENIENCE AND

CUSTOMS PURPOSES, OUR WRITTEN DESCRIPTION OF THE SCOPE OF THIS

INVESTIGATION IS DISPOSITIVE.

4\. EFFECTIVE NOVEMBER 1, 2008, THE LICENSING REQUIREMENTS

SET

OUT BY THE AGREEMENT SUSPENDING THE ANTIDUMPING INVESTIGATION

ON CERTAIN CUT-TO-LENGTH CARBON STEEL PLATE FROM UKRAINE SIGNED

OCTOBER 24, 1997 ARE TERMINATED. HOWEVER, THE DEPARTMENT OF

COMMERCE UNDERSTANDS THAT SOME SUBJECT MERCHANDISE COVERED

UNDER THE PREVIOUS NON-MARKET ECONOMY SUSPENSION AGREEMENT WILL

ARRIVE AT U.S. PORTS AFTER OCTOBER 31, 2008, UP UNTIL DECEMBER

31, 2008. BETWEEN NOVEMBER 1 AND DECEMBER 31, 2008, CERTAIN

ENTRIES GOVERNED BY THE PREVIOUS NON-MARKET ECONOMY SUSPENSION

AGREEMENT WILL BE ACCOMPANIED BY AN EXPORT LICENSE AND AN

EXPORT CERTIFICATE. THEREFORE, SUBJECT MERCHANDISE ACCOMPANIED

BY AN EXPORT LICENSE AND AN EXPORT CERTIFICATE ISSUED BY THE

GOVERNMENT OF UKRAINE MAY ENTER THE UNITED STATES AFTER

NOVEMBER 1, 2008 UNDER THE TERMS OF THE PREVIOUS SUSPENSION

AGREEMENT.

5\. 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 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 IA/OP:JC).

6\. THERE ARE NO RESTRICTIONS ON RELEASE OF THIS INFORMATION.

DAVID M GENOVESE