[Federal Register Volume 64, Number 38 (Friday, February 26, 1999)]
[Notices]
[Pages 9892-9899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4975]
[[Page 9891]]
_______________________________________________________________________
Part VI
Department of Commerce
_______________________________________________________________________
International Trade Administration
_______________________________________________________________________
Proposed Agreement Concerning Trade in Certain Steel Products From the
Russian Federation; Notice
Federal Register / Vol. 64, No. 38 / Friday, February 26, 1999 /
Notices
[[Page 9892]]
DEPARTMENT OF COMMERCE
International Trade Administration
Proposed Agreement Concerning Trade in Certain Steel Products
From the Russian Federation
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of proposed agreement.
-----------------------------------------------------------------------
SUMMARY: The United States has initialed a proposed Agreement regarding
imports of certain steel products from the Russian Federation to the
United States. A Notice of Public Hearing regarding the possible
imposition of import restrictions consistent with this proposed
Agreement was published on February 23, 1999 (64 FR 9049).
FOR FURTHER INFORMATION CONTACT: Edward Yang, Director Office IX, AD/
CVD Enforcement Group III, Import Administration, International Trade
Administration, Department of Commerce, at (202) 482-0406.
SUPPLEMENTARY INFORMATION: On June 1, 1990, pursuant to Title IV of the
Trade Act of 1974 (the Trade Act), the Governments of the United States
of America and the Union of Soviet Socialist Republics entered into the
Agreement on Trade Relations Between the United States of America and
the Union of Soviet Socialist Republics. On June 17, 1992, that
agreement (the 1992 Agreement) became effective between the United
States and the Russian Federation. Article XI of the 1992 Agreement
provides that the Parties will consult with a view toward finding means
of remedying or preventing actual or threatened market disruption, and
it authorizes the Parties to take action, including the imposition of
import restrictions, to achieve this goal.
In February 1999, the United States Department of Commerce and the
Ministry of Trade of the Russian Federation entered into negotiations
and consultations pursuant to Article XI of the Agreement on Trade
Between the United States of America and the Russian Federation. The
Parties mutually agree that the conditions of Article XI have been met
with respect to U.S. imports of certain steel products from Russia.
In the initialed Agreement, Russia would establish export limits
and the United States would establish import restrictions on Russian
exports to the United States of the following 16 steel products:
1. Certain Cold-Rolled Carbon Steel Quality Products
2. Semifinished Steel Products
3. Galvanized Sheet Products
4. Other Metallic Coated Flat Rolled Products
5. Certain Tin Mill Products
6. Electrical Sheet Products
7. Heavy Structural Shapes
8. Rails
9. Hot-Rolled Bars
10. Cold Finished Bars
11. Pipe and Tube Products
12. Wire Rod Products
13. Tool Steel
14. Drawn Wire Products
15. Hot-Rolled Stainless and Alloy Sheet, Strip, and Plate
16. Pig Iron
Each category of steel would have a separate export limit. In
addition to the issuance of export licenses by the Ministry of Trade of
the Russian Federation, and consistent with the requests of the Russian
officials, the United States would establish a border enforcement
mechanism to ensure compliance with the export limits. The border
mechanism will be in the form of denial of entry for any shipment of
steel, covered by the categories listed above, which exceeds the limits
or lacks the required documents.
On February 23, 1999, the Department published in the Federal
Register (64 FR 9049) a Notice of Public Hearing pursuant to section
125(f) of the Trade Act of 1974 (19 U.S.C. 2135 (f)). The purpose of
that hearing will be to provide interested parties with an opportunity
to present their views on the United States' proposed imposition of
import restrictions, consistent with its rights under the 1992
Agreement and with the mechanisms contemplated in the initialed
Agreement.
The Department is hereby publishing as Annex I to this notice the
Proposed Agreement Concerning Trade in Certain Steel Products From the
Russian Federation. For convenience, the Department has also posted
this initialed Agreement on its Import Administration website (http://
www.ita.doc.gov/import____admin/records).
Dated: February 24, 1999.
Holly A. Kuga,
Acting Assistant Secretary for Import Administration.
Agreement Concerning Trade in Certain Steel Products From the Russian
Federation
Initialed: February 22, 1999.
For the purpose of encouraging free and fair trade in Certain
Steel Products (as defined in this Agreement) to establish more
normal market relations, and to allow continued market access;
Considering the principles and provisions of the Agreement on
Trade Relations Between the United States of America and the Russian
Federation (``Russia''), which was signed on June 1, 1990, (the
``1990 Agreement'');
Desiring to provide for the application of Article XI of the
1990 Agreement to exports from Russia to the United States of
Certain Steel Products in a mutually agreed manner;
In pursuance of the Parties' rights and obligations contained in
the 1992 Agreement;
The United States, by the U.S. Department of Commerce (``DOC''),
and the Russian Federation, by the Ministry of Trade of the Russian
Federation (``MOT'') agree as follows:
I. Definitions
For purposes of this Agreement, the following definitions apply.
A. ``Apparent U.S. Domestic Consumption'' means apparent U.S.
domestic consumption determined using statistics of the U.S. Census
Bureau regarding imports and exports, and data from the American
Iron & Steel Institute regarding domestic shipments, based on the
methodology described in Appendix D of this Agreement.
B. ``Certain Steel Products'' means the following products,
described in detail in Appendix A and not subject to antidumping
suspension agreements.
Cold-Rolled Steel Products
Semifinished Steel Products
Galvanized Sheet Products
Other Metallic Coated Flat-Rolled Products
Certain Tin Mill Products
Electrical Sheet Products
Heavy Structural Shapes
Rails
Hot-Rolled Bars
Cold-Finished Bars
Pipe and Tube Products
Wire Rod Products
Tool Steel
Hot-Rolled Steel Stainless and Alloy Products
Drawn Wire Products
Pig Iron
C. ``Date of Export'' of entries of Certain Steel Products to
the United States shall be the date on which MOT issued the Export
License.
D. ``Date of Sale'' means the date on which price and quantity
become firm, e.g., the date the contract is signed or the
specification date if the price and quantity become firm on that
date, as reflected in Russian producers' records kept in the
ordinary course of business.
E. ``Effective Date'' of this Agreement means Signature Date.
F. ``Export License'' is the document issued by MOT which serves
as both an export limit certificate and a certificate of origin.
Temporary documents issued by MOT during the first 120 days after
the Effective Date in the form of mill certificates with official
MOT stamps and signatures shall constitute Export Licenses for the
purposes of this Agreement.
G. ``Export Limit Period'' means one of the following periods:
First Export Limit Period--The First Export Limit Period begins
on February 22, 1999 and ends on December 31, 1999, and the Export
Limit for the first period will be pro-rated
[[Page 9893]]
from the annual limits provided for each product category in II.B.1.
Subsequent Export Limit Periods--Each subsequent year, the first
of which will begin on January 1, 2000 and end on December 31, 2000
H. ``Indirect Exports'' means exports of Certain Steel Products
from Russia to the United States through one or more third
countries, including Certain Steel Products that are subject to
minor processing in such third countries.
I. ``Minor processing'' means processing that does not result in
a substantial transformation or a change in the country of origin of
the product that is processed. What constitutes minor processing may
vary by product. An illustrative list follows:
Flat-Rolled Products: painting; slitting; beveling/edge
finishing; pickling and oiling; annealing/heat treating; surface
finishing; temper rolling/temper leveling.
Pipe and Tube Products: end finish: drawing: galvanizing.
Semifinished Products: milling; scarfing; grinding.
Rails: cutting; heat treating; controlled cooling.
Structural Products: cutting to length; end milling; drilling;
punching.
Wire Rod: chemical cleaning; mechanical descaling.
Hot-Rolled Bars: pickling; oiling; phosphating.
Pipes: end finishing (i.e., threading and coupling);
galvanizing; painting; cold working.
Tool Steel: since based on chemistry and covers products in a
variety of forms (e.g., flat-rolled sheet, bars, rods, etc.), no
processing other than making the product into a specific article
classified outside of Chapter 72 of the HTS would result in non-
inclusion.
Drawn Wire: coating (e.g., aluminum); cladding (e.g., copper);
annealing.
Cold-Finished Bars: annealing; grinding.
J. ``United States'' means the customs territory of the United
States of America (the 50 States, the District of Columbia, and
Puerto Rico) and foreign trade zones located within the territory of
the United States.
K. ``U.S. purchaser'' means the first purchaser in the United
States that is not affiliated with the Russian exporter, and all
subsequent purchasers, from trading companies to consumers.
II. Market Disruption
A. Actual and prospective imports of Certain Steel Products from
Russia are threatening to cause or significantly contribute to
market disruption in the United States, so as to be a significant
cause of threat of material injury to the United States domestic
industry within the meaning of Article XI of the 1990 Agreement.
B. In order to remedy this threat of market disruption, MOT
shall ensure that direct and indirect exports of Certain Steel
Products from Russia to the United States do not exceed the
following export limits.
1. The export limits for the first Export Limit Period are as
follows:
------------------------------------------------------------------------
Quantity (in
Product metric tons)
------------------------------------------------------------------------
Cold-Rolled Steel Products.............................. 520,000
Semifinished Steel Products............................. 385,000
Galvanized Sheet Products (of which, 60,000 hot-dipped 65,000
5,000 electrogalvanized)...............................
Other Metallic Coated Flat-Rolled Products.............. 1,552
Certain Tin Mill Products............................... 5,000
Electrical Sheet Products............................... 14,337
Heavy Structural Shapes................................. 65,000
Rails................................................... 2,350
Hot-Rolled Bars (hot-rolled bars, reinforcing bars, 20,000
light shapes)..........................................
Cold-Finished Bars...................................... 11,349
Pipe and Tube Products.................................. 3,000
Wire Rod Products....................................... 15,000
Tool Steel.............................................. 800
Hot-Rolled Steel Stainless and Alloy Products........... 1,000
Drawn Wire Products..................................... 250
Pig Iron................................................ 575,000
------------------------------------------------------------------------
These annual export limits shall be pro-rated for that
proportion of 1999 remaining on the Date of initialing, February 22,
1999.
2. The export limit for each Subsequent Export Limit Period
shall be determined by making the following adjustments:
(a) first, the export limit for the previous Export Limit
Period, shall be increased by three per cent of that export limit;
(b) second, the number obtained under paragraph (a) shall be
increased or decreased by the result of multiplying the export limit
for the previous Export Limit Period by the percent change (up to
three percent) in Apparent U.S. Domestic Consumption of Certain
Steel Products during the most recent 12 months for which data is
available at the time the Department of Commerce (``DOC'') makes
this calculation, compared to the previous 12 months (as described
in Appendix D).
3. DOC shall determine export limits for each Subsequent Export
Limit Period no later than 60 days prior to the beginning of that
Export limit Period. DOC will provide MOT with the worksheets
supporting its Export Limit calculation.
C. When Certain Steel Products are imported into the United
States and are subsequently re-exported, or re-packaged and re-
exported, or further processed and re-exported (provided that they
remain within the scope of the same product category covered by this
Agreement), the amount re-exported shall be deducted from the amount
of exports that have been counted against the export limit for the
Export Limit Period in which the re-export takes place. The
deduction will be applied only after DOC has received, and has had
the opportunity to verify, evidence demonstrating the original
importation, any repackaging or further processing, and subsequent
exportation.
D. MOT will not issue Export Licenses authorizing the
exportation to the United States of Certain Steel Products covered
by this Agreement in any half of any Export Limit Period that exceed
60 percent of the export limit for that Export Limit Period.
E. Notwithstanding any other provision of this Agreement, up to
15 per cent of the export limit for any Certain Steel Product in any
Export Limit Period may be ``carried over'' to the Subsequent Export
Limit Period and up to 15 per cent of the export limit for any
Certain Steel Product for any Export Limit Period may be ``carried
back'' to the last 60 days of the previous Export Limit Period.
III. Implementation
A. In order to remedy the threat of market disruption described
in Section II.A, and acting in pursuance of it rights under the 1990
Agreement, MOT shall issue an original stamped Export License
1 for each entry into the United States of Certain Steel
Products covered by this Agreement. Export Licenses shall contain,
for each grade of Certain Steel Products covered by the license, the
quantity in metric tons, dimensions (gauge, width, and length (for
products bound in coils, length where appropriate)) unit price, and
F.O.B. sales value. If necessary, additional information may be
included on the Export License or a separate page attached to the
Export License.
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\1\ The validity of an Export License will not be affected by a
subsequent change of HTS number.
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B. The U.S. Customs Service will be directed to deny entry to
any imports of Certain Steel Products from Russia in excess of the
export limits in this Agreement, or which otherwise fail to comply
with the requirements of this Agreement (e.g., imports of Certain
Steel Products unaccompanied by an Export License). The Customs
Service shall require the presentation of an original stamped Export
License as a condition for entry into the United States of Certain
Steel Products covered by this Agreement, except where there are
multiple shipments under a single license. For multiple shipments at
multiple ports, the original license shall be presented at each port
and deductions made upon that original license for individual
entries at each Port. For multiple entries at one port, the original
license will be presented and deductions made for the first entry
drawn from that license. Subsequent entries at that port can be made
from copies of the original license which reflect all of the
deductions made from the original license.
C. DOC will monitor the levels of imports of Certain Steel
Products from Russia and deduct the quantity listed on each Export
License from the export limit for the Export Limit Period in which
the Date of Export falls, except as provided in Paragraph II.E.
D. MOT will ensure compliance with all of the provisions of this
Agreement. In order to ensure such compliance, MOT will take at
least the following measures:
1. Ensure that no Certain Steel Products subject to this
Agreement are exported directly or indirectly from Russia to the
United States during any Export Limit Period that exceed the export
limit for that Export Limit Period.
2. Establish an export limit licensing and enforcement program
for all direct and Indirect Exports of Certain Steel Products from
Russia to the United States no later than 120 days after the
Effective Date.
[[Page 9894]]
3. Require that applications for Export Licenses be accompanied
by a report specifying the identity of the original exporter and
importer, the U.S. purchaser, if known, the original date of export
and entry into the United States, if known, the quantity expressed
in metric tons, and a complete description of the Certain Steel
Products.
4. Refuse to issue an Export License to any applicant that does
not permit full verification and reporting under this Agreement of
all of the information in the application.
5. Issue Export Licenses sequentially, endorsed against the
export limit for the relevant Export Limit Period, and reference any
notice of export limit allocation results for the relevant Export
Limit Period. Export Licenses shall remain valid for six months,
unless DOC and MOT agree to an extension of their validity in
extraordinary circumstances.
6. Issue Export Licenses in the English language and, at the
discretion of MOT, also in the Russian language.
7. Issue Export Licenses no earlier than 90 days before the day
on which the Certain Steel Products are accepted by a transportation
company, as indicated in the bill of lading or a comparable
transportation document, for export.
8. Require all Russian producers and exporters of Certain Steel
Products to furnish to MOT, as a condition of obtaining Export
Licenses under this Agreement, the information in Appendix C and a
letter in the form set forth in Appendix E.
9. Ensure compliance with all procedures established in order to
effectuate this Agreement by any official Russian institution,
chamber, or other authorized Russian entity, and any Russian
producer, exporter, broker, and trader of the Certain Steel
Products, their affiliated parties, and any trading company or
reseller utilized by a Russian producer to make sales to the United
States.
10. Impose strict measures, such as prohibition from obtaining
Export Licenses under this Agreement, in the event that any Russian
entity does not comply in full with the requirements established by
MOT pursuant to this Agreement.
11. Permit DOC to verify, on an annual basis, that the export
limits in this Agreement have not been exceeded, that MOT is
collecting all of the information it is required to collect under
Paragraph IV.A of this Agreement, and that MOT is ensuring the
collection of all information that it is required to ensure is
collected under this Agreement.
IV. Monitoring and Notifications
A. MOT will collect, maintain, and provide to DOC such
information as is necessary and appropriate to ensure that exports
of Certain Steel Products from Russia to the United States do not
exceed the export limits in this Agreement, including the following:
1. The information in Appendix B.
2. Notice of any non-implementation of any provisions of this
Agreement that come to its attention and of the measures taken with
respect to such non-implementation.
3. Such additional information as DOC and MOT agree, after
consultations, is required.
B. MOT shall ensure that each Russian producer and exporter of
Certain Steel Products shall collect and maintain, for each Certain
Steel Product exported to the United States, the basic company-
specific information on factors of production and U.S. sales prices
described in Appendix C. In the event that Russia is determined to
be a market economy for purposes of the U.S. antidumping law, these
reporting requirements shall be adjusted to reflect this change. MOT
shall provide this information to DOC upon request.
C. DOC shall provide MOT with the following information relating
to the implementation and enforcement of this Agreement.
1. Semi-annual reports, within 120 days after the end of each
semi-annual period, indicating the volume of U.S. imports of Certain
Steel Products subject to this Agreement, together with such
additional information as is necessary and appropriate to monitor
compliance with the export limit levels.
2. Notice of any non-implementation of any term of this
Agreement.
V. Consultations
A. MOT and DOC shall hold consultations each year on the
anniversary date of this Agreement concerning the implementation,
operation, and enforcement of the licensing program established by
MOT, and the export limits established by this Agreement.
B. Additional consultations may be held at any other time upon
the request of either MOT or DOC.
C. If DOC receives information indicating that any provision of
this Agreement is not being implemented, DOC shall promptly request
emergency consultations with MOT. Such consultations shall begin no
later than 21 days after the day of DOC's request, and must be
completed within 40 days after commencement. After completion of the
consultations, DOC will provide MOT 20 days within which to provide
comments.
VI. Implementation Issues
A. DOC will investigate any information that is brought to its
attention indicating that this Agreement is not being fully
implemented, both by asking MOT to investigate such allegations and
by itself gathering relevant information. If DOC informs MOT of such
information and requests MOT to supply information relevant to the
potential non-implementation, MOT will supply DOC with the requested
information within 30 days. After receiving the information from
MOT, DOC will consider whether the Agreement is being fully
implemented. If DOC preliminarily determines that the Agreement is
not being fully implemented, it will notify MOT of its determination
and provide MOT with an opportunity to engage in consultations
within 15 days after MOT receives the notification of DOC's
preliminary determination. DOC will make a final determination as to
whether the Agreement is being fully implemented within 30 days
after these consultations have been completed.
B. If DOC finally determines that this Agreement is not being
fully implemented, DOC may take any appropriate action authorized
under U.S. law, which may include either or both of the following:
1. DOC may require MOT to furnish to DOC, within 14 days, the
complete information described in Appendix C of this Agreement.
2. DOC may self-initiate an antidumping investigation of any
Certain Steel Product from Russia for which imports into the United
States have exceeded the export limits in this Agreement on an
accelerated basis. If DOC self-initiates such an accelerated
investigation, the information maintained pursuant to Appendix C and
furnished to DOC shall constitute the complete questionnaire
responses of the Russian producers and exporters in that
investigation. To the extent that this information is an
insufficient basis for determining dumping margins, DOC may base its
determination upon the facts available, which may be adverse to the
interests of the Russian producers and exporters.
VII. Antidumping or Countervailing Duty Petitions
If DOC initiates an antidumping or countervailing duty
investigation of any Certain Steel Products from Russia pursuant to
a petition filed by the U.S. domestic industry (as opposed to a
self-initiated investigation), this Agreement shall remain in force
with respect to those products. In that case, however, DOC will,
using the information maintained pursuant to Appendix C and supplied
to DOC by MOT, as the Russian producers' questionnaire responses,
conduct the investigation on an accelerated basis, including the
preliminary determination and, where appropriate under U.S. law, any
suspension agreement negotiations. Any measure imposed on a Certain
Steel Product pursuant to the U.S. antidumping or countervailing
duty law shall substitute for the measure applied to that product
under this Agreement.
VIII. Duration
A. This Agreement will enter into force on the date of signature
and remain in force for five years.
B. DOC or MOT may terminate this Agreement at any time upon
written notice to the other party. Termination shall be effective 60
days after such notice is given.
IX. Other Provisions
A. The consultations and negotiations that led to the conclusion
of this Agreement shall constitute the consultations provided for in
Articles XI.1 and XI.2 of the 1990 Agreement. These consultations
and negotiations have provided Russia with the transparency and
opportunity to submit its views provided for in Article XI.7 of the
1990 Agreement.
B. The English and Russian language versions of this Agreement
shall be authentic, with the English version being controlling.
C. For all purposes hereunder, the signatory Parties shall be
represented by, and all communications and notices shall be given
and addressed to:
DOC: Assistant Secretary for Import Administration,
International Trade
[[Page 9895]]
Administration, U.S. Department of Commerce, Washington, D.C. 20230,
U.S.A.
MOT: Department for State Regulation, of External Economic
Activities, Ministry of Trade of the Russian Federation, 18/1
Ovchinnikovskaya naberezhnaya, Moscow 113324, Russia.
Signed on this ____th day of ________, 1999.
----------------------------------------------------------------------
Robert S. LaRussa,
Assistant Secretary for Import Administration, U.S. Department of
Commerce.
----------------------------------------------------------------------
Roald Piskoppel,
Deputy Minister, Ministry of Trade of the Russian Federation.
Appendix A
For purposes of this Agreement, Certain Steel Products are
defined as the following 16 products:
For purposes of this agreement, Hot-Rolled Steel Stainless and
Alloy Products are defined as the following:
Certain stainless and other alloy hot-rolled flat-rolled steel
products of a rectangular shape, neither clad, plated, nor coated
with metal and whether or not painted, varnished, or coated with
plastics or other non-metallic substances and in the following
forms: in coils (whether or not in successively superimposed layers)
with a width of 0.5 inch or greater, regardless of thickness; in
straight lengths with a thickness less than 4.75 mm and of a width
measuring at least 10 times the thickness; and in straight lengths,
4.75 mm or more in thickness and of a width which exceeds 150 mm and
measures at least twice the thickness.
Specifically excluded from this scope are all products which are
included in the scope definitions of the Agreement Suspending the
Antidumping Duty Investigation on Certain Hot-Rolled Flat-Rolled
Carbon-Quality Steel Products from the Russian Federation and the
Agreement Suspending the Antidumping Duty Investigation on Certain
Cut-to-Length Carbon Steel Plate from the Russian Federation.
Specifically excluded are vacuum degassed, fully stabilized
(commonly referred to as interstitial-free (``IF'')) steels, high
strength low alloy (``HSLA'') steels, and the substrate for motor
lamination steels. IF steels are recognized as low carbon steels
with micro-alloying levels of elements such as titanium and/or
niobium added to stabilize carbon and nitrogen elements. HSLA steels
are recognized as steels with micro-alloying levels of elements such
as chromium, copper, niobium, titanium, vanadium, and molybdenum.
The substrate for motor lamination steels contains micro-alloying
levels of elements such as silicon and aluminum.
Steel products to be excluded in the scope of this
investigation, regardless of HTSUS definitions, are products in
which: (1) iron predominates, by weight, over each of the other
contained elements, (2) the carbon content is 2 percent or less, by
weight, and (3) none of the elements listed below exceed the
quantity, by weight, respectively indicated:
1.80 percent of manganese, or
1.50 percent of silicon, or
1.00 percent of copper, or
0.50 percent of aluminum, or
1.25 percent of chromium, or
0.30 percent of cobalt, or
0.40 percent of lead, or
1.25 percent of nickel, or
0.30 percent of tungsten, or
0.012 percent of boron, or
0.10 percent of molybdenum, or
0.10 percent of niobium, or
0.41 percent of titanium, or
0.15 percent of vanadium, or
0.15 percent of zirconium.
All products that meet the written physical description, and in
which the chemistry quantities do not exceed any one of the levels
listed above, are outside the scope of this agreement unless
otherwise included. The following products, by way of example, are
included in the scope of this agreement:
II. Alloy hot-rolled steel products in which at least one of the
chemical elements exceeds those listed above (including e.g., ASTM
specifications A543, A387, A514, A517, and A506).
III. SAE/AISI grades of series 2300 and higher.
IV. Ball bearing steels, as defined in the HTSUS.
V. Tool steels, as defined in the HTSUS.
VI. Silico-manganese (as defined in the HTSUS) or silicon electrical
steel with a silicon level exceeding 1.50 percent.
VII. ASTM specifications A710 and A736.
VIII. USS abrasion-resistant steels (USS AR 400, USS AR 500).
IX. Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
----------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni
----------------------------------------------------------------------------------------------------------------
0.10-0.14%.................... 0.90% Max 0.025% Max 0.005% Max 0.30-0.50% 0.50-0.70% 0.20-0.40 0.20% Max
%
----------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.063-0.198 inches;
Yield Strength = 50,000 ksi minimum; Tensile Strength = 70,000-
88,000 psi.
X. Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
----------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni
----------------------------------------------------------------------------------------------------------------
0.10-0.16%.................... 0.70-0.90% 0.025% Max 0.006% Max 0.30-0.50% 0.50-0.70% 0.25% Max 0.20% Max
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Mo
----------------------------------------------------------------------------------------------------------------
0.21% Max
----------------------------------------------------------------------------------------------------------------
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum;
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
XI. Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
----------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni
----------------------------------------------------------------------------------------------------------------
0.10-0.14%................... 1.30-1.80% 0.025%, 0.005%, 0.30-0.5% 0.50-0.70% 0.20-0.40 0.20%,
Max Max % Max
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
V(wt.) Cb
----------------------------------------------------------------------------------------------------------------
0.10, Max..................... 0.08% Max .......... .......... .......... .......... ......... .........
----------------------------------------------------------------------------------------------------------------
[[Page 9896]]
Width = 44.80 inches maximum; Thickness = 0.350 inches maximum;
Yield Strength = 80,000 ksi minimum; Tensile Strength = 105,000 psi
Aim.
XII. Hot-rolled steel coil which meets the following chemical,
physical and mechanical specifications:
----------------------------------------------------------------------------------------------------------------
C Mn P S Si Cr Cu Ni
----------------------------------------------------------------------------------------------------------------
0.15%, Max.................... 1.40%, Max 0.025%, 0.010%, 0.50%, Max 1.00%, Max 0.50%, 0.20%,
Max Max Max Max
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Nb Ca Al
----------------------------------------------------------------------------------------------------------------
0.005%, Min................... Treated 0.01-0.07% .......... .......... .......... ......... .........
----------------------------------------------------------------------------------------------------------------
Width = 39.37 inches; Thickness = 0.181 inches maximum; Yield
Strength = 70,000 psi minimum for thicknesses 0.148
inches and 65,000 psi minimum for thicknesses >0.148 inches; Tensile
Strength = 80,000 psi minimum.
XIII. Hot-rolled dual phase steel, phase-hardened, primarily with a
ferritic-martensitic microstructure, contains 0.9 percent up to and
including 1.5 percent silicon by weight, further characterized by
either (i) tensile strength between 540 N/mm2 and 640 N/
mm2 and an elongation percentage 26 percent
for thicknesses of 2 mm and above, or (ii) a tensile strength
between 590 N/mm2 and 690 N/mm2 and an
elongation percentage 25 percent for thicknesses of 2mm
and above.
Hot-rolled bearing quality steel, SAE grade 1050, in coils, with
an inclusion rating of 1.0 maximum per ASTM E 45, Method A, with
excellent surface quality and chemistry restrictions as follows:
0.012 percent maximum phosphorus, 0.015 percent maximum sulfur, and
0.20 percent maximum residuals including 0.15 percent maximum
chromium.
The merchandise subject to these investigations is classified in
the Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7219.11.0030, 7219.11.0060, 7219.12.0005, 7219.12.0020,
7219.12.0025, 7219.12.0050, 7219.12.0055, 7219.12.0065,
7219.12.0070, 7219.12.0080, 7219.13.0030, 7219.13.0050,
7219.13.0070, 7219.13.0080, 7219.14.0030, 7219.14.0065,
7219.14.0090, 7219.21.0005, 7219.21.0020, 7219.21.0040,
7219.21.0060, 7219.22.0005, 7219.22.0015, 7219.22.0020,
7219.22.0025, 7219.22.0035, 7219.22.0040, 7219.22.0045,
7219.22.0070, 7219.22.0075, 7219.22.0080, 7219.23.0030,
7219.23.0060, 7219.24.0030, 7219.24.0060, 7220.11.0000,
7220.12.1000, 7220.12.5000, 7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000,
7225.19.0000, 7225.20.0000, 7225.30.1000, 7225.30.3005,
7225.30.3050, 7225.30.5030, 7225.30.5060, 7225.30.7000,
7225.40.1015, 7225.40.1090, 7225.40.3005, 7225.40.3050,
7225.40.5030, 7225.40.5060, 7225.40.7000, 7225.99.0010,
7225.99.0090, 7226.11.1000, 7226.11.9030, 7226.11.9060,
7226.19.1000, 7226.19.9000, 7226.20.0000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560,
7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
investigation is dispositive.
Hot-rolled steel is equivalent to AISI categories 31 (hot-rolled
sheet), 36 (hot-rolled strip), 6A (cut-to-length plate), and 6B
(plate in coils)
For purposes of this agreement, Cold-Rolled Steel Products are
defined as the following:
The products covered are certain carbon, stainless and other
alloy cold-rolled (cold-reduced) steel flat-rolled products, of
rectangular shape, neither clad, plated nor coated with metal,
whether or not painted, varnished or coated with plastics or other
nonmetallic substances, in coils (whether or not in successively
superimposed layers) and of a width of 0.5 inch or greater, or in
straight lengths which, if of a thickness less than 4.75
millimeters, are of a width of 0.5 inch or greater and which
measures at least 10 times the thickness or if of a thickness of
4.75 millimeters or more are of a width which exceeds 150
millimeters and measures at least twice the thickness. Included in
this scope are flat-rolled products of nonrectangular cross-section
where such cross-section is achieved subsequent to the rolling
process (i.e., products which have been ``worked after rolling'')--
for example, products which have been beveled or rounded at the
edges.
Included in this scope is certain shadow mask steel, i.e.,
aluminum-killed, cold-rolled steel coil that is open-coil annealed,
has a carbon content of less than 0.002 percent, is of 0.003 to
0.012 inch in thickness, 15 to 30 inches in width, and has an ultra
flat, isotropic surface.
The merchandise is classified in the Harmonized Tariff Schedule
of the United States (``HTSUS'') at subheadings: 7208.18.2510,
7209.15.000, 7209.16.0030, 7209.16.0060, 7209.16.0090, 7209.17.0030,
7209.17.0060, 7209.17.0090, 7209.18.1530, 7209.18.1560,
7209.18.2510, 7209.18.2550, 7209.18.6000, 7209.25.0000,
7209.26.0000, 7209.27.0000, 7209.28.0000, 7209.90.0000,
7210.70.3000, 7210.90.9000, 7211.23.1500, 7211.23.2000,
7211.23.3000, 7211.23.4500, 7211.23.6030, 7211.23.6060,
7211.23.6075, 7211.23.6085, 7211.29.2030, 7211.29.2090,
7211.29.4500, 7211.29.6030, 7211.29.6080, 7211.90.0000,
7212.40.1000, 7212.40.5000, 7212.50.0000, 7217.10.1000,
7217.10.2000, 7217.10.3000, 7217.10.7000, 7217.90.1000,
7217.90.5030, 7217.90.5060, 7217.90.5090, 7219.31.0010,
7219.31.0050, 7219.32.0005, 7219.32.0020, 7219.32.0025,
7219.32.0035, 7219.32.0036, 7219.32.0038, 7219.32.0042,
7219.32.0044, 7219.32.0045, 7219.32.0060, 7219.33.0005,
7219.33.0020, 7219.33.0025, 7219.33.0035, 7219.33.0036,
7219.33.0038, 7219.33.0042, 7219.33.0044, 7219.33.0045,
7219.33.0070, 7219.33.0080, 7219.34.0005, 7219.34.0020,
7219.34.0025, 7219.34.0030, 7219.34.0035, 7219.34.0050,
7219.35.0005, 7219.35.0015, 7219.35.0030, 7219.35.0035,
7219.35.0050, 7219.90.0010, 7219.90.0020, 7219.90.0025,
7219.90.0060, 7219.90.0080, 7220.20.1010, 7220.20.1015,
7220.20.1060, 7220.20.1080, 7220.20.6005, 7220.20.6010,
7220.20.6015, 7220.20.6060, 7220.20.6080, 7220.20.7005,
7220.20.7010, 7220.20.7015, 7220.20.7060, 7220.20.7080,
7220.20.8000, 7220.20.9030, 7220.20.9060, 7220.90.0010,
7220.90.0015, 7220.90.0060, 7220.90.0080, 7225.11.0000,
7225.19.0000, 7225.50.6000, 7225.50.7000, 7225.50.8010,
7225.50.8015, 7225.50.8085, 7225.99.0010, 7225.99.0090,
7226.11.1000, 7226.11.9030, 7226.11.9060, 7226.19.1000,
7226.19.9000, 7226.20.0000, 7226.92.1030, 7226.92.1060,
7226.92.3030, 7226.92.3060, 7226.92.5000, 7226.92.7005,
7226.92.7050, 7226.92.8005, 7226.92.8050, 7226.99.0000.
Cold-rolled steel is equivalent to AISI categories 32 (cold-
rolled sheet), 37 (cold-rolled strip), and 28 (black plate).
For purposes of this agreement, Semifinished Steel Products are
defined as the following:
The products covered are iron and steel products (whether or not
stainless, other alloy, or non-alloy) in the following forms: ingots
and other primary forms; semifinished products (whether or not of
rectangular cross-section, and whether or not with a width measuring
at least twice the thickness).
The merchandise is classified in the Harmonized Tariff Schedule
of the United States (``HTSUS'') at subheadings: 72.12.00.10,
7207.12.00.50, 7207.20.00.25, 7207.20.00.45, 7224.90.00.45,
7224.90.00.55, 7206.10.0000, 7224.10.0075, 7206.80.0000,
7207.11.0000, 7207.19.0030, 7224.90.0065, 7207.19.0090,
7224.90.0075, 7207.20.0075, 7207.20.0090, 7218.10.0000,
7218.91.0015, 7218.91.0030, 7218.91.0060, 7218.99.0015,
7218.99.0030, 7218.99.0045, 7218.99.0060, 7218.99.0090,
7224.10.0005, 7224.10.0045, 7224.90.0005, 7224.90.0015,
7224.90.0025, and 7224.90.0035.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise is
dispositive.
[[Page 9897]]
Semifinished steel is equivalent to AISI categories 1A (ingots
and steel for castings) and 1B (blooms, billets, and slabs).
For purposes of this agreement, Galvanized Sheet Products are
defined as the following:
Hot-rolled or cold-rolled flat-rolled products, either in coils
(regardless of dimension) or in straight flat-rolled lengths (if of
a thickness less than 4.75 mm are of a width measuring at least 10
times the thickness or if of a thickness of 4.75 mm or more are of a
width which exceeds 150 mm and measures at least twice the
thickness), with a metallic coating of zinc, regardless of any
additional coatings (e.g., paint, varnish, or plastics).
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030,
7210.49.0090, 7210.70.6030, 7210.70.6060, 7212.20.0000,
7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000,
7212.40.1000, 7212.40.5000, 7225.91.0000, 7225.92.0000,
7226.93.0000, and 7226.94.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Galvanized Sheet Products reflect AISI categories 33A (hot-
dipped galvanized sheet/strip) and 33B (electrolytic galvanized
sheet/strip).
For purposes of this agreement, Other Metallic Coated Flat
Rolled Products are defined as the following:
Hot-rolled or cold-rolled flat-rolled products, either in coils
(regardless of dimension) or in straight lengths (if of a thickness
less than 4.75 mm are of a width measuring at least 10 times the
thickness or if of a thickness of 4.75 mm or more are of a width
which exceeds 150 mm and measures at least twice the thickness),
with a metallic coating (other than zinc, tin, chromium oxides, or
chromium and chromium oxides), or clad, with metals such as
aluminum, lead, aluminum-zinc alloys, and nickel, regardless of any
additional coatings (e.g., paint, varnish, or plastics).
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7210.20.0000, 7210.61.0000, 7210.69.0000, 7210.70.6090,
7210.90.6000, 7210.90.9000, 7212.40.1000, 7212.40.5000,
7212.50.0000, 7212.60.0000, 7225.99.0090, 7226.91.5000,
7226.91.7000, 7226.91.8000, and 7226.99.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Other Metallic Coated Flat-Rolled Products reflect AISI category
34 (metallic sheet and strip).
For purposes of this agreement, Certain Tin Mill Products are
defined as the following:
Hot-rolled or cold-rolled flat-rolled products, either in coils
(regardless of dimension) or in straight lengths (if of a thickness
less than 4.75 mm are of a width measuring at least 10 times the
thickness or if of a thickness of 4.75 mm or more are of a width
which exceeds 150 mm and measures at least twice the thickness),
with a metallic plating of tin, chromium oxides, or chromium and
chromium oxides, regardless of any additional coatings (e.g., paint,
varnish, or plastics).
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7210.11.0000, 7210.12.0000, 7210.50.0000, and
7212.10.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Certain Tin Mill Products reflect AISI categories 29 (tin plate)
and 29A (tin-free sheet).
For purposes of this agreement, Electrical Sheet Products are
defined as the following:
Cold-rolled flat-rolled alloy steels, or that contain by weight
at least 0.6 percent of silicon but not more than 6 percent of
silicon and not more than 0.08 percent of carbon. They may also
contain by weight not more than 1 percent of aluminum but no other
element in a proportion that would give the steel the
characteristics of another alloy steel.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7225.11.0000, 7225.19.0000, 7226.11.1000, 7226.11.9030,
7226.11.9060, 7226.19.1000, and 7226.19.9000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Electrical Sheet Products reflect AISI category 35 (electrical
sheet).
For purposes of this agreement, Heavy Structural Shapes are
defined as the following:
Angles, shapes, and sections having a uniform cross section
across their length, of alloy (other than tool steel as defined by
the HTS) or non-alloy steel, whether hot-rolled or cold-rolled, with
a height of at least 80 mm. Included are shapes such as U, I, H, and
T.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7216.31.0000, 7216.32.0000, 7216.33.0030, 7216.33.0060,
7216.33.0090, 7216.40.0010, 7216.40.0050, 7216.50.0000,
7216.99.0000, 7222.40.3020, 7222.40.3040, 7228.70.3020,
7228.70.3040, and 7301.10.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Heavy Structural Shapes reflect AISI categories 4 (structural
heavy shapes) and 5 (steel piling).
For purposes of this agreement, Rails are defined as the
following:
Rails for railway and tramway construction and replacement. This
includes load-bearing rails such as standard T, light, crane, and
girder rails, and conductor or electrical rails.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7302.10.1010, 7302.10.1015, 7302.10.1025, 7302.10.1035,
7302.10.1045, 7302.10.1055, and 7302.10.5020.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Rails reflect AISI categories 7 (standard rails) and 8 (other
rails).
For purposes of this agreement, Hot-Rolled Bars are defined as
the following:
Hot-rolled products, not in coils, whether of alloy (other than
tool steel as defined by the HTSUS) or non-alloy steel, with a
uniform solid cross section along their whole length, that do not
meet the definition for flat-rolled products outlined in the HTSUS,
in the following shapes:
(1) circles, segments of circles, ovals, rectangles (including
squares), triangles, or other convex polygons, regardless of whether
they include indentations, ribs, grooves or other deformations
produced during the rolling process (rebar);
(2) angles, shapes, and sections such as U, I, H, L, and T with
a height of less than 80 mm.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7213.10.0000, 7213.20.0000, 7213.99.0060, 7214.10.0000,
7214.20.0000, 7214.30.0000, 7214.91.0015, 7214.91.0060,
7214.91.0090, 7214.99.0015, 7214.99.0030, 7214.99.0045,
7214.99.0060, 7214.99.0075, 7214.99.0090, 7215.90.1000,
7216.10.0010, 7216.10.0050, 7216.21.0000, 7216.22.0000,
7221.00.0005, 7221.00.0045, 7221.00.0075, 7222.11.0005,
7222.11.0050, 7222.19.0005, 7222.19.0050, 7222.40.3060,
7222.40.3080, 7227.20.0000, 7227.90.6005, 7227.90.6050,
7228.20.1000, 7228.30.8005, 7228.30.8050, 7228.40.0000,
7228.60.6000, 7228.70.3060, 7228.70.3080, and 7228.80.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Hot-Rolled Bars reflect AISI categories 14 (hot-rolled bars),
14A (light shapes), and 15 (reinforcing bars).
For purposes of this agreement, Cold Finished Bars are defined
as the following:
Cold-finished (e.g. cold-rolled, cold-drawn, turned) products,
not in coils, whether of alloy (other than tool steel as defined by
the HTS) or non-alloy steel, with a uniform solid cross section
along their whole length, that do not meet the definition for flat-
rolled products outlined in the HTS, in the shape of circles,
segments of circles, ovals, rectangles (including squares),
triangles, or other convex polygons, regardless of whether they
include indentations, ribs, grooves or other deformations produced
during the rolling process (rebar).
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7215.10.0000, 7215.50.0015, 7215.50.0060, 7215.50.0090,
7215.90.3000,
[[Page 9898]]
7215.90.5000, 7222.20.0005, 7222.20.0045, 7222.20.0075,
7222.30.0000, 7228.20.5000, 7228.50.5005, 7228.50.5050, and
7228.60.8000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Cold-Finished Bars reflect AISI category 16 (cold-finished
bars).
For purposes of this agreement, Pipe and Tube Products are
defined as the following:
Hollow steel products of either circular or non-circular cross
section, of alloy (e.g. stainless) or non-alloy steel, whether
seamless or not seamless (e.g. welded, open seam), whether plain end
or finished (e.g. upset, threaded, coupled), regardless of size.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7304, 7305, and 7306.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Pipe and Tube Products reflect AISI categories 18 (standard), 19
(oil country tubular goods), 20 (line pipe), 21A (mechanical
tubing), 21B (pressure tubing), 21C&D (stainless pipe and tubing),
21E (pipe and tube, not classified), 22A (structural pipe and
tubing), and 22B (structural pipe and tubing for piling).
For purposes of this agreement, Wire Rod Products are defined as
the following:
Hot-rolled bars and rods, whether of alloy (other than tool
steel as defined by the HTSUS) or non-alloy steel, in irregularly
wound coils, which have a solid cross section, generally round in
cross-sectional shape.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7213.91.3000, 7213.91.4500, 7213.91.6000, 7213.99.0030,
7213.99.0090, 7221.00.0015, and 7221.00.0030.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Wire Rod Products reflect AISI category 3 (wire rod).
For purposes of this agreement, Tool Steel is defined as the
following:
Steel products, in the form of semifinished steel, flat-rolled
products, bars and rods, and wire, meeting the following
chemistries:
(1) more than 1.2 percent of carbon and more than 10.5 percent
chromium; or
(2) not less than 0.3 percent carbon and 1.25 percent or more
but less than 10.5 percent chromium; or
(3) not less than 0.85 percent carbon and 1 percent to 1.8
percent, inclusive, manganese; or
(4) 0.9 percent to 1.2 percent, inclusive, chromium and 0.9
percent to 1.4 percent, inclusive, molybdenum; or
(5) not less than 0.5 percent carbon and not less than 3.5
percent molybdenum; or
(6) not less than 0.5 percent carbon and not less than 5.5
percent tungsten.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7224.10.0045, 7224.90.0015, 7224.90.0025, 7224.90.0035,
7225.20.0000, 7225.30.1000, 7225.30.5030, 7225.30.5060,
7225.40.1015, 7225.40.1090, 7225.40.5030, 7225.40.5060,
7225.50.1030, 7225.50.1060, 7226.20.0000, 7226.91.0500,
7226.91.1530, 7226.91.1560, 7226.91.2530, 7226.91.2560,
7226.92.1030, 7226.92.1060, 7226.92.3030, 7226.92.3060,
7227.10.0000, 7227.90.1030, 7227.90.1060, 7227.90.2030,
7227.90.2060, 7228.10.0010, 7228.10.0030, 7228.10.0060,
7228.30.2000, 7228.30.4000, 7228.30.6000, 7228.50.1010,
7228.50.1020, 7228.50.1040, 7228.50.1060, 7228.50.1080,
7228.60.1030, 7228.60.1060, and 7229.10.0000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Tool Steel is equivalent to AISI category 17 (tool steel).
For purposes of this agreement, Drawn Wire Products are defined
as the following:
Cold-drawn products in coil form, of any uniform solid cross
section along their whole length, whether of alloy (other than tool
steel as defined by the HTSUS) or non-alloy steel.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7217.10.1000, 7217.10.2000, 7217.10.3000, 7217.10.4030,
7217.10.4090, 7217.10.5030, 7217.10.5090, 7217.10.6000,
7217.10.7000, 7217.10.8010, 7217.10.8020, 7217.10.8025,
7217.10.8030, 7217.10.8045, 7217.10.8060, 7217.10.8075,
7217.10.8090, 7217.10.9000, 7217.20.1500, 7217.20.3000,
7217.20.4510, 7217.20.4520, 7217.20.4530, 7217.20.4540,
7217.20.4550, 7217.20.4560, 7217.20.4570, 7217.20.4580,
7217.20.6000, 7217.20.7500, 7217.30.1530, 7217.30.1560,
7217.30.3000, 7217.30.4510, 7217.30.4520, 7217.30.4530,
7217.30.4540, 7217.30.4550, 7217.30.4560, 7217.30.4590,
7217.30.6000, 7217.30.7500, 7217.90.5030, 7217.90.5060,
7217.90.5090, 7223.00.1015, 7223.00.1030, 7223.00.1045,
7223.00.1060, 7223.00.1075, 7223.00.5000, 7223.00.9000,
7229.20.0000, 7229.90.1000, 7229.90.5015, 7229.90.5030,
7229.90.5050, and 7229.90.9000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Drawn Wire Products reflect AISI categories 23 (wire drawn).
For purposes of this agreement, Pig Iron is defined as the
following:
Iron-carbon alloys that are not usefully malleable, containing
more than 2% by weight of carbon.
The merchandise subject to this agreement is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings: 7201.10.0000, 7201.20.0000, 7201.50.3000, and
7201.50.6000.
Although the HTSUS subheadings are provided for convenience and
Customs purposes, the written description of the merchandise under
this agreement is dispositive.
Pig Iron is equivalent to AISI categories 65 (pig iron).
Appendix B
In accordance with the established format, MOT shall collect and
provide to DOC all information necessary to ensure compliance with
this Agreement. This information will be provided to DOC on a semi-
annual basis.
MOT will collect and maintain data on exports to the United
States on a continuous basis.
MOT will provide a narrative explanation to substantiate all
data collected in accordance with the following formats.
MOT will provide all Export Licenses issued to Russian entities,
which shall contain the following information with the exception
that information requested in item #9, date of entry, item #10,
importer of record, item #16, final destination, and item #17,
other, may be omitted if unknown to MOT and the licensee.
1. Export License/Temporary Document: Indicate the number(s)
relating to each sale and or entry.
2. Complete Description of Merchandise: Include the 10 digit HTS
category, the ASTM or equivalent grade, and the width and thickness
of merchandise.
3. Quantity: Indicate in metric tons.
4 F.O.B. Sales Value: Indicate value and currency used.
5. Unit Price: Indicate unit price per metric ton and currency
used.
6. Date of Sale: The date all essential terms of the order (i.e,
price and quantity) become fixed.
7. Sales Order Number(s): Indicate the number(s) relating to
each sale and/or entry.
8. Date of Export: Date the Export License/Temporary Document is
Issued.
9. Date of Entry: Date the merchandise entered the United States
or the date book transfer took place.
10. Importer of Record: Name and address.
11. Trading Company: Name and address of trading company
involved in sale.
12. Customer: Name and address of the first unaffiliated party
purchasing from the Russian exporter.
13. Customer Relationship: Indicate whether the customer is
affiliated or unaffiliated to the Russian exporter.
14. Allocation to Exporter: Indicate the total amount of quota
allocated to the individual exporter during the Relevant Period.
15. Allocation Remaining: Indicate the remaining export limit
allocation available to the individual exporter during the export
limit period.
16. Final Destination: The complete name and address of the U.S.
purchaser.
17. Other: The identity of any party(ies) in the transaction
chain between the customer and the final destination/U.S. purchaser.
Appendix C
Russian Self-Monitoring Data
MOT and relevant Russian entities will compile and maintain data
on a semi-annual basis to achieve the goals of this Agreement. The
data will be used for self-monitoring and possible reporting to DOC
in connection with
[[Page 9899]]
the consultation provisions of this Agreement, a self-initiated
antidumping investigation or both. MOT will ensure that data is
maintained by the producers of each covered product for both normal
values and U.S. sales in a form suitable for analysis consistent
with the standards of U.S. antidumping law and regulations.
Department officials will coordinate closely with MOT and relevant
Russian entities to ensure ongoing data collection and maintenance
consistent with these standards.
Categories of Self-Monitoring Data:
I. Normal Value Data
A. Factors of Production
B. Product Codes and Characteristics
C. Market-Economy Inputs
II. U.S. Sales Data
A. Product Codes and Characteristics
B. Individual Sales Data
C. Sales Type and Process
Appendix D
For purposes of this Agreement, U.S. Apparent Consumption will
be calculated using data provided by the American Iron and Steel
Institute and the U.S. Bureau of the Census. For each of the sixteen
product categories covered by this Agreement, we will calculate
apparent consumption based on the AISI categories specified in the
relevant section of Appendix III of this Agreement. The calculation
will be made in the following manner:
Apparent Consumption =
Domestic Shipments
+ Imports
- Exports
Appendix E
To: Ministry of Trade, Russian Federation
1. We understand that the data being provided to the Ministry of
Trade of the Russian Federation may be provided to the U.S.
Department of Commerce for use in a self-initiated antidumping duty
investigation, pursuant to the Agreement between the Ministry of
Trade and the Department of Commerce dated ________, 1999. We
further understand that, if such an antidumping duty investigation
is self-initiated, it may be conducted on an expedited basis with, a
preliminary determination being issued as early as 60 days following
initiation.
2. We acknowledge and accept that the data being provided to the
Ministry of Trade will be considered to be our complete
questionnaire response in such an antidumping investigation. We
agree that the Ministry of Trade's requirements for periodic
reporting may be considered as requests for information for purposes
of any such antidumping duty investigation.
3. Consistent with these understandings, we hereby waive any
right provided by U.S. statutes or regulations to any minimum time
period for responding to a questionnaire in such an antidumping duty
investigation. We understand and accept that the U.S. Department of
Commerce may possibly provide us with one opportunity to supplement
this data. In light of our understanding that the investigation will
be very accelerated, however, we recognize and accept that any time
provided for supplementing the data will be very limited.
4. For all data submissions to the Russian government, we agree
that we will identify data which we regard as business proprietary
information. We will include with each data submission a statement
that the business proprietary information contained therein may be
released under an appropriately draw administrative protective order
in any antidumping duty investigation in which the data is utilized
consistent with our understandings in paragraph 1.
5. We understand that, to the extent the data concerning our
factors of production and U.S. sales obtained by the U.S. Department
of Commerce pursuant to its Agreement with the Ministry of Trade
dated ________, 1999 is an insufficient basis on which to determine
any actual margin of dumping, the Department of Commerce will base
its determination in the accelerated investigation on the facts
available, which may be adverse to our interests.
Appendix F
Section 125 of the Trade Act of 1974, 19 U.S.C. 2135
SEC. 125. TERMINATION AND WITHDRAWAL AUTHORITY
(a) Every trade agreement entered into under this Act shall be
subject to termination, in whole or in part, or withdrawal, upon due
notice, at the end of a period specified in the agreement. Such
period shall be not more than 3 years from the date on which the
agreement becomes effective. If the agreement is not terminated or
withdrawn from at the end of the period so specified, it shall be
subject to termination or withdrawal thereafter upon not more than 6
month's notice.
(b) The President may at any time terminate, in whole or in
part, any proclamation made under this Act.
(c) Whenever the United States, acting in pursuance of any of
its rights or obligations under any trade agreement entered into
pursuant to this Act, section 201 of the Trade Expansion Act of
1962, or section 350 of the Tariff Act of 1930, withdraws, suspends,
or modifies any obligation with respect to the trade of any foreign
country or instrumentality thereof, the President is authorized to
proclaim increased duties or other import restrictions, to the
extent, at such times, and for such periods as he deems necessary or
appropriate, in order to exercise the rights or fulfill the
obligations of the United States. No proclamation shall be made
under this subsection increasing any existing duty to a rate more
than 50 percent above the rate set forth in rate column numbered 2
of the Tariff Schedules of the United States, as in effect on
January 1, 1975, or 20 percent ad valorem above the rate existing on
January 1, 1975, whichever is higher.
(d) Whenever any foreign country or instrumentality withdraws,
suspends, or modifies the application of trade agreement obligations
of benefit to the United States without granting adequate
compensation therefor, the President, in pursuance of rights granted
to the United States under any trade agreement and to the extent
necessary to protect United States economic interests (including
United States balance of payments), may--
(1) withdraw, suspend, or modify the application of
substantially equivalent trade agreement obligations of benefit to
such foreign country or instrumentality; and
(2) proclaim under subsection (c) such increased duties or other
import restrictions as are appropriate to effect adequate
compensation from such foreign country or instrumentality.
(e) Duties or other import restrictions required or appropriate
to carry out any trade agreement entered into pursuant to this Act,
section 201 of the Trade Expansion Act of 1962, or section 350 of
the Tariff Act of 1930 shall not be affected by any termination, in
whole or in part, of such agreement or by the withdrawal of the
United States from such agreement and shall remain in effect after
the date of such termination or withdrawal for 1 year, unless the
President by proclamation provides that such rates shall be restored
to the level at which they would be but for the agreement. Within 60
days after the date of any such termination or withdrawal, the
President shall transmit to the Congress his recommendations as to
the appropriate rates of duty for all articles which were affected
by the termination or withdrawal or would have been so affected but
for the preceding sentence.
(f) Before taking any action pursuant to subsection (b), (c), or
(d), the President shall provide for a public hearing during the
course of which interested persons shall be given a reasonable
opportunity to be present, to produce evidence, and to be heard,
unless he determines that such prior hearings will be contrary to
the national interest because of the need for expeditious action, in
which case he shall provide for a public hearing promptly after such
action.
[FR Doc. 99-4975 Filed 2-25-99; 8:45 am]
BILLING CODE 3510-DS-P
