MESSAGE NO: 8318205 DATE: 11/13/2008

CATEGORY: ADA TYPE: PRE

REFERENCE: REFERENCE DATE:

CASES: A-570-933

PERIOD COVERED: 10/22/2008

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS, PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: NOTICE OF A PRELIMINARY DETERMINATION IN AN ANTIDUMPING, DUTY
INVESTIGATION OF FRONTSEATING SERVICE VALVES FROM, CHINA (A-570-933)

1\. ON OCTOBER 22, 2008, 73 FR 62952, THE DEPARTMENT OF COMMERCE

PUBLISHED IN THE FEDERAL REGISTER ITS PRELIMINARY DETERMINATION

OF SALES AT LESS THAN FAIR VALUE AND THE POSTPONEMENT OF THE

FINAL DETERMINATION IN THE ANTIDUMPING DUTY INVESTIGATION OF

FRONTSEATING SERVICE VALVES FROM THE PEOPLES REPUBLIC OF CHINA.

2\. THE MERCHANDISE COVERED BY THIS INVESTIGATION IS

FRONTSEATING SERVICE VALVES, ASSEMBLED OR UNASSEMBLED, COMPLETE

OR INCOMPLETE, AND CERTAIN PARTS THEREOF. FRONTSEATING SERVICE

VALVES CONTAIN A SEALING SURFACE ON THE FRONT SIDE OF THE VALVE

STEM THAT ALLOWS THE INDOOR UNIT OR OUTDOOR UNIT TO BE ISOLATED

FROM THE REFRIGERANT STREAM WHEN THE AIR CONDITIONING OR

REFRIGERATION UNIT IS BEING SERVICED. FRONTSEATING SERVICE

VALVES RELY ON AN ELASTOMER SEAL WHEN THE STEM CAP IS REMOVED

FOR SERVICING AND THE STEM CAP METAL TO METAL SEAT TO CREATE

THIS SEAL TO THE ATMOSPHERE DURING NORMAL OPERATION./1/.

FOR PURPOSES OF THE SCOPE, THE TERM UNASSEMBLED FRONTSEATING

SERVICE VALVE MEANS A BRAZED SUBASSEMBLY REQUIRING ANY ONE OR

MORE OF THE FOLLOWING PROCESSES: THE INSERTION OF A VALVE CORE

PIN, THE INSERTION OF A VALVE STEM AND/OR O RING, THE

APPLICATION OR INSTALLATION OF A STEM CAP, CHARGE PORT CAP OR

TUBE DUST CAP. THE TERM COMPLETE FRONTSEATING SERVICE VALVE

MEANS A PRODUCT SOLD READY FOR INSTALLATION INTO AN AIR

CONDITIONING OR REFRIGERATION UNIT. THE TERM INCOMPLETE

FRONTSEATING SERVICE VALVE MEANS A PRODUCT THAT WHEN SOLD IS

IN MULTIPLE PIECES, SECTIONS, SUBASSEMBLIES OR COMPONENTS AND

IS INCAPABLE OF BEING INSTALLED INTO AN AIR CONDITIONING OR

REFRIGERATION UNIT AS A SINGLE, UNIFIED VALVE WITHOUT FURTHER

ASSEMBLY.

THE MAJOR PARTS OR COMPONENTS OF FRONTSEATING SERVICE VALVES

INTENDED TO BE COVERED BY THE SCOPE UNDER THE TERM CERTAIN

PARTS THEREOF ARE ANY BRAZED SUBASSEMBLY CONSISTING OF ANY TWO

OR MORE OF THE FOLLOWING COMPONENTS: A VALVE BODY, FIELD

CONNECTION TUBE, FACTORY CONNECTION TUBE OR VALVE CHARGE PORT.

THE VALVE BODY IS A RECTANGULAR BLOCK, OR BRASS FORGING,

MACHINED TO BE HOLLOW IN THE INTERIOR, WITH A GENERALLY SQUARE

SHAPED SEAT (BOTTOM OF BODY). THE FIELD CONNECTION TUBE AND

FACTORY CONNECTION TUBE CONSIST OF COPPER OR OTHER METALLIC

TUBING, CUT TO LENGTH, SHAPED AND BRAZED TO THE VALVE BODY IN

ORDER TO CREATE TWO PORTS, THE FACTORY CONNECTION TUBE AND THE

FIELD CONNECTION TUBE, EACH ON OPPOSITE SIDES OF THE VALVE

ASSEMBLY BODY. THE VALVE CHARGE PORT IS A SERVICE PORT VIA

WHICH A HOSE CONNECTION CAN BE USED TO CHARGE OR EVACUATE THE

REFRIGERANT MEDIUM OR TO MONITOR THE SYSTEM PRESSURE FOR

DIAGNOSTIC PURPOSES.

THE SCOPE INCLUDES FRONTSEATING SERVICE VALVES OF ANY SIZE,

CONFIGURATION, MATERIAL COMPOSITION OR CONNECTION TYPE.

FRONTSEATING SERVICE VALVES ARE CLASSIFIED UNDER SUBHEADING

8481.80.1095, AND ALSO HAVE BEEN CLASSIFIED UNDER SUBHEADING

8415.90.80.85 OF THE HARMONIZED TARIFF SCHEDULE OF THE UNITED

STATES (HTSUS). IT IS POSSIBLE FOR FRONTSEATING SERVICE VALVES

TO BE MANUFACTURED OUT OF PRIMARY MATERIALS OTHER THAN COPPER

AND BRASS, IN WHICH CASE THEY WOULD BE CLASSIFIED UNDER HTSUS

SUBHEADINGS 8481.80.3040, 8481.80.3090, OR 8481.80.5090. IN

ADDITION, IF UNASSEMBLED OR INCOMPLETE FRONTSEATING SERVICE

VALVES ARE IMPORTED, THE VARIOUS PARTS OR COMPONENTS WOULD BE

CLASSIFIED UNDER HTSUS SUBHEADINGS 8481.90.1000, 8481.90.3000,

OR 8481.90.5000. THE HTSUS NUMBERS ARE PROVIDED FOR

CONVENIENCE AND CUSTOMS PURPOSES, BUT THE WRITTEN DESCRIPTION

OF THE SCOPE IS DISPOSITIVE.

/1/ THE FRONTSEATING SERVICE VALVE DIFFERS FROM A BACKSEATING

SERVICE VALVE IN THAT A BACKSEATING SERVICE VALVE HAS TWO

SEALING SURFACES ON THE VALVE STEM. THIS DIFFERENCE TYPICALLY

INCORPORATES A VALVE STEM ON A BACKSEATING SERVICE VALVE TO BE

MACHINED OF STEEL, WHERE A FRONTSEATING SERVICE VALVE HAS A

BRASS STEM. THE BACKSEATING SERVICE VALVE DUAL STEM SEAL (ON

THE BACK SIDE OF THE STEM), CREATES A METAL TO METAL SEAL WHEN

THE VALVE IS IN THE OPEN POSITION, THUS, SEALING THE STEM FROM

THE ATMOSPHERE.

3\. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED

INVESTIGATION NUMBER A-570-933.

4\. FOR IMPORTS OF FRONTSEATING SERVICE VALVES FROM THE PEOPLES

REPUBLIC OF CHINA, U.S. CUSTOMS AND BORDER PROTECTION (CBP)

SHALL SUSPEND LIQUIDATION OF SUCH SHIPMENTS ENTERED OR

WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER

10/22/2008. EFFECTIVE 10/22/2008 CUSTOMS SHALL REQUIRE, FOR

ENTRIES OF FRONTSEATING SERVICE VALVES FROM THE PEOPLES

REPUBLIC OF CHINA FROM THE EXPORTER/PRODUCER COMBINATIONS

LISTED BELOW, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO

THE ANTIDUMPING DUTY MARGIN(S) SHOWN BELOW:

EXPORTER: PRC-ENTITY

CASE NUMBER: A-570-933-000

CASH DEPOSIT RATE: 55.62

EXPORTER: ZHEJIANG DUNAN HETIAN METAL CO., LTD.

PRODUCER: ZHEJIANG DUNAN HETIAN METAL CO., LTD.

CASE NUMBER: A-570-933-001

CASH DEPOSIT RATE: 26.72

EXPORTER: ZHEJIANG SANHUA CO., LTD.

PRODUCER: ZHEJIANG SANHUA CO., LTD.

CASE NUMBER: A-570-933-002

CASH DEPOSIT RATE: 15.41

6\. FOR ALL OTHER ENTRIES OF SERVICE VALVES FROM THE PEOPLES

REPUBLIC OF CHINA, THE FOLLOWING CASH DEPOSIT/BONDING

INSTRUCTIONS APPLY:

A. FOR ALL PRC EXPORTERS OF FRONTSEATING SERVICE VALVES,

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 FRONTSEATING SERVICE VALVES

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.

7\. 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.

8\. 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 O8): RB.

9\. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

DAVID M. GENOVESE