Fabricated Structural Steel – ADD & CVD Canada, Mexico & China

Following is a posting published today by CBP via the U.S. Trade Representatives:

On February 25, 2019, the Department of Commerce (Commerce) initiated its 
less-than-fair-value and countervailing duty investigations on ?Certain 
Fabricated Structural Steel from Canada, Mexico, and the People?s Republic of 
China (China)? (Initiation Notices). These investigations have been assigned 
the following case numbers: A-122-864 and C-122-865 (Canada); A-201-850 and 
C-201-851 (Mexico); and A-570-102 and C-570-103 (China).

The Scope of Merchandise covered by these investigations reads as follows:

The merchandise covered by these investigations is carbon and alloy 
fabricated structural steel. Fabricated structural steel is made from steel 
in which: (1) iron predominates, by weight, over each of the other contained 
elements; and (2) the carbon content is two percent or less by weight. 
Fabricated structural steel products are steel products that have been 
fabricated for erection or assembly into structures, including, but not 
limited to, buildings (commercial, office, institutional, and multi-family 
residential); industrial and utility projects; parking decks; arenas and 
convention centers; medical facilities; and ports, transportation and 
infrastructure facilities. Fabricated structural steel is manufactured from 
carbon and alloy (including stainless) steel products such as angles, 
columns, beams, girders, plates, flange shapes (including manufactured 
structural shapes utilizing welded plates as a substitute for rolled wide 
flange sections), channels, hollow structural section (HSS) shapes, base 
plates, and plate-work components. Fabrication includes, but is not limited 
to cutting, drilling, welding, joining, bolting, bending, punching, pressure 
fitting, molding, grooving, adhesion, beveling, and riveting and may include 
items such as fasteners, nuts, bolts, rivets, screws, hinges, or joints.

The inclusion, attachment, joining, or assembly of non-steel components with 
fabricated structural steel does not remove the fabricated structural steel 
from the scope.

Fabricated structural steel is covered by the scope of the investigations 
regardless of whether it is painted, varnished, or coated with plastics or 
other metallic or non-metallic substances and regardless of whether it is 
assembled or partially assembled, such as into modules, modularize 
construction units, or sub-assemblies of fabricated structural steel.

Subject merchandise includes fabricated structural steel that has been 
assembled or further processed in the subject country or a third country, 
including but not limited to painting, varnishing, trimming, cutting, 
drilling, welding, joining, bolting, punching, bending, beveling, riveting, 
galvanizing, coating, and/or slitting or any other processing that would not 
otherwise remove the merchandise from the scope of the investigations if 
performed in the country of
manufacture of the fabricated structural steel.

Specifically excluded from the scope of these investigations are:

1. Fabricated steel concrete reinforcing bar (rebar) if: (i) it is a unitary 
piece of fabricated rebar, not joined, welded, or otherwise connected with 
any other steel product or part; or (ii) it is joined, welded, or otherwise 
connected only to other rebar.

2. Fabricated structural steel for bridges and bridge sections that meets 
American Association of State and Highway and Transportation Officials 
(AASHTO) bridge construction requirements or any state or local derivatives 
of the AASHTO bridge construction requirements.

3. Pre-engineered metal building systems, which are defined as complete metal 
buildings that integrate steel framing, roofing and walls to form one, pre-
engineered building system, that meet Metal Building Manufacturers 
Association guide specifications. Pre-engineered metal building systems are 
typically limited in height to no more than 60 feet or two stories.

4. Steel roof and floor decking systems that meet Steel Deck Institute 
standards.

5. Open web steel bar joists and joist girders that meet Steel Joist 
Institute specifications.

The products subject to the investigations are currently classified in the 
Harmonized Tariff

Schedule of the United States (HTSUS) under subheadings: 7308.90.3000, 
7308.90.6000, and

7308.90.9590.

The products subject to the investigations may also enter under the following 
HTSUS subheadings: 7216.91.0010, 7216.91.0090, 7216.99.0010, 7216.99.0090, 
7222.40.6000, 7228.70.6000, 7301.10.0000, 7301.20.1000, 7301.20.5000, 
7308.40.0000, 7308.90.9530, and 9406.90.0030.

The HTSUS subheadings above are provided for convenience and customs purposes 
only. The written description of the scope of the investigations is 
dispositive.

Requirements For Submitting Comments On The Scope Of The Investigations: 
Please be sure to comply with all three requirements established below.

Deadline for Submitting Comments:

As announced in the Initiation Notices, Commerce is setting aside a period 
for interested parties to raise issues regarding product coverage (scope). 
The period for scope comments is intended to provide Commerce with ample 
opportunity to consider all comments and to consult with parties prior to the 
issuance of the preliminary determinations, as appropriate. If scope comments 
include factual information (see 19 CFR 351.102(b)(21)), all such factual 
information should be limited to public information. Commerce requests that 
all such comments be filed by 5:00 p.m. Eastern Time (ET) on March 18, 2019, 
which is 20 calendar days from the signature date of this notice. Any 
rebuttal comments, which may include factual information, must be filed by 
5:00 p.m. ET on March 28, 2019, which is 10 calendar days after the initial 
comments deadline. Commerce requests that any factual information the parties 
consider relevant to the scope of the investigations be submitted during this 
time period. However, if a party subsequently finds that additional factual 
information pertaining to the scope of the investigations may be relevant, 
the party may contact Commerce and request permission to submit the 
additional information. All such comments must be filed on the records of 
each of the concurrent AD and CVD investigations identified above. 

Required Entry of Appearance:

Parties wishing to participate in this segment and be included on the public 
service list must file a letter of appearance. Section 351.103(d)(1) of 
Commerce?s regulations states that ?with the exception of a petitioner filing 
a petition in an investigation, to be included on the public service list for 
a particular segment, each interested party must file a letter of 
appearance.? The letter of appearance must be filed separately from any other 
document (with the exception of an application for APO access). Note, the 
letter of appearance must state how the party qualifies as an interested 
party (e.g., an exporter, producer, importer of the subject merchandise) and 
must include a point of contact, including address, telephone/fax number and 
email address.

All submissions to Commerce must be filed electronically using Enforcement 
and Compliance?s Antidumping and Countervailing Duty Centralized Electronic 
Service System (ACCESS). An electronically-filed document must be received 
successfully in its entirety by the time, typically 5 p.m., and date when it 
is due. Documents excepted from the electronic submission requirements must 
be filed manually (i.e., in paper form) with Enforcement and Compliance?s 
APO/Dockets Unit, Room 18022, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW., Washington, DC 20230, and stamped with the date and 
time of receipt by the applicable deadlines.

For your convenience, Commerce has the following resources available online 
to assist you in complying with these electronic filing procedures:

ACCESS: Help Link 

https://access.trade.gov/help.aspx

ACCESS: External User Guide 

https://access.trade.gov/help/ACCESS%20User%20Guide.pdf

ACCESS: Handbook on Electronic Filing Procedures

https://access.trade.gov/help/Handbook%20on%20Electronic%20Filling%20Procedur

es.pdf

Federal Register notice: Antidumping and Countervailing Duty Proceedings: 
Electronic Filing Procedures; Administrative Protective Order Procedures, 76 
FR 39263 (July 6, 2011)

http://www.gpo.gov/fdsys/pkg/FR-2011-07-06/pdf/2011-16352.pdf

Enforcement and Compliance: Change of Electronic Filing System Name, 79 FR 
69046 (November 20, 2014)

http://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27530.pdf

Enforcement and Compliance: General Filing Requirements 

http://enforcement.trade.gov/filing/index.html

Required Certifications:

Please note that the following certification requirements are in effect for 
company / government officials as well as their representatives. In all 
segments of antidumping duty or countervailing duty proceedings initiated on 
or after August 16, 2013, parties submitting factual information must use the 
formats for the certifications provided at the end of the Final Rule. See 
Certification of Factual Information to Import Administration During 
Antidumping and Countervailing Duty Proceedings, 78 FR 42678 (July 17, 2013) 
(Final Rule). See also the frequently asked questions regarding the Final 
Rule, available at 

http://enforcement.trade.gov/tlei/notices/factual_info_final_rule_FAQ_0717201

3.pdf.

For Further Information Contact: 

AD/CVD Operations, Enforcement and Compliance, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230: 

David Goldberger at (202) 482-4136 (Antidumping Duty Investigation from 
Canada);

Whitley Herndon at (202) 482-6274 (Countervailing Duty Investigation from 
Canada);

Alice Maldonado at (202) 482-4682 (Antidumping Duty Investigation from 
China);

Darla Brown at (202) 482-1791 (Countervailing Duty Investigation from China);

Jeffrey Pedersen at (202) 482-2769 (Antidumping Duty Investigation from 
Mexico); and

Thomas Martin at (202) 482-3936 or Trisha Tran at (202) 482-4852 
(Countervailing Duty Investigation from Mexico).

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