Untitled Document

NEW YORK 

WASHINGTON, DC 

MILWAUKEE 

LOS ANGELES 

HONG KONG zyxwvutsrqponmlkjih

GRUNFELD DESIDERIO I LEBOWITZ 

SILVERMAN 3 KLESTADT LLP 

DIRECT DIAL/EMAIL 

(212) 973-7722 

AKlestadt@GDLSKxom 

May 2, 2018 zyxwvutsrqpon

VIA ELECTRONIC FILING 

Mr. Brad Botwin 

Director, Industrial Studies 

Office of Technology Evaluation 

Bureau of Industry and Security 

U.S. Department of Commerce 

Room 1093 

1401 Constitution Avenue NW 

Washington, DC 20230 

Re: Request for Exclusions From the Remedies Instituted in Presidential 

Proclamations Adjusting Imports of Steel Into the United States 

On behalf of American Iron & Alloys LLC. 

Product: Versa-Bar Continuous Cast Iron. 

Our Reference: 13086-024001 

Dear Mr. Botwin: 

On behalf of our client, American Iron & Alloys LLC ("American Iron"), 1700 Airport 

Road, Waukesha, WI 51388, we request the Versa-Bar products produced in Brazil be excluded 

from the Remedies Instituted in Presidential Proclamations Adjusting Imports of Steel Into the 

United States. Presidential Proclamation 9705 of March 8. 2018 under Section 232 of the Trade 

Expansion Act of 1962 (19 U.S.C. 1862). The accompanying requests provide the detail for the 

various Versa-Bar products. 

Versa-Bar products are "semi-fmished bars" as this relates to them being cast through a 

graphite die, continuously cast gray and ductile iron. This process forms the as-cast iron bar to 

shape (round, square, rectangle, or special shape) from the iron's molten state. They are not 

otherwise altered mechanically, such as rolled or drawn down to shape. They are containing by 

weight 0.25 percent or more of carbon, in square, rectangular, circular or other cross-sections. 

599 LEXINGTON AVENUE FL 36 NEW YORK, NY 10022-7648 I TEL. 212.557.4000 I www.GDLSK.com 
GDLSK 

GRUNFELD DESIDERIO LEGOWITZ 

SILVERMAN S KLESTADT LLP 

These cast iron products in bar shape are imported under Harmonized Tariff Schedules of the 

United States (HTSUS) subheadings; 7207.20.0025 (rectangles including squares having a width 

measuring less than 4 times the thickness); 7207.20.0045 (rectangles including squares having a 

width measuring at least 4 times the thickness); 7207.20.0075 (circular cross sections); and 

7207.20.0090 (other special shapes not specifically provided for). 

Versa-Bar continuous cast iron is most commonly used in the fluid power, bearing, 

patterns and machine component manufacturing industries. Versa-Bar cast iron bar products are 

favored by those industries for their machinability, functionality, wear and durability. Such 

features make Versa-Bar critical to domestic infrastructure projects and manufacturers of a 

variety of products. 

It should be noted that Versa-Bar cast iron bar products imported from Brazil have been 

excluded from prior trade remedy actions. In 2002 under Section 203 of the Trade Act of 1974 

(19 U.S.C. 2251, tsrqponlihgfedcaZUTSRMFC et seq.), the President took action with respect to imports of certain steel 

products imposing a safeguard measure (tariff rate quota). See Message From The President Of 

The United States Transmitting Documents Describing Safeguard Action Proclaimed On Imports 

Of Certain Steel Products. Pursuant To Section 203(a)(1) Of The Trade Act Of 1974. House 

Doc. 107-185 (March 6, 2002). That action was designed to relieve and prevent serious injury, 

or threat of serious injury, to domestic industry. In that proceeding, the President determined 

that Versa-Bar imports from Brazil did not pose a serious threat of injury to domestic industry 

producing like or directly competitive products and Versa-Bar was excluded from the action. 

See Annex, H. Doc 107-185 at page 17. 

2 
GDLSK 

GRUNFELD DESIDERIO ! LEBOWITZ 

SILVERMAN S KLESTAOT LLP 

Likewise, in the antidumping investigation of Certain Alloy and Carbon Hot-Rolled Bars. 

Rods, and Semifinished Products of Special Bar Quality (SOB) Steel From Brazil (A-351-213, 

A-351-214), the International Trade Commission ("ITC") determined that sales of Versa-Bar 

products did not injure, nor threaten material injury to, the U.S. domestic producers of finished 

or semifinished SBQ bars and rods. tsrqponlihgfedcaZUTSRMFC See ITC, Final Determination: Certain Alloy and Carbon 

Hot-Rolled Bars, Rods, and Semifinished Products of Special Bar Quality Steel From Brazil 

Investigation No. 731-TA-572 (Final), 58 Fed. Reg. 38138 (July 15, 1993).1 

The Versa-Bar continuous cast iron product, imported from Brazil, represents the primary 

product sold by American Iron. In addition to raw materials supply, American Iron provides 

custom processing, including finish machining, turning, boring, cutting to length, grinding, plate 

slitting, milling and plate cutting. American Iron employs approximately 25 people in 

Wisconsin. The application of a 25% tariff to Versa-Bar products would prevent American Iron 

from selling at a competitive price and would seriously endanger its ability to continue as an 

ongoing business. This additional tariff would likely result in the loss of employment for all 25 

American Iron employees in Wisconsin. 

In addition to the 25 people employed by American Iron in Wisconsin, the jobs of 

Americans employed by its customers and distributors would also be jeopardized by the 25% 

tariff. American Iron fulfills a critical need in the U.S. continuous cast iron market, in that many 

of its customers are unable to source from the one U.S. manufacturer of continuous cast iron 

(Dura-Bar). This inability results from: (1) the U.S. manufacturer's refusal to supply to their zyxwvutsrqponmlihgfed

1  Certain Special Quality Carbon and Alloy Hot­Rolled Steel Bars and Rods and Semifinished Products from  Brazil. 

Investigation No. 731­TA­572. ITC Pub. 2662 (July  1993). 

3 
GRUNFELD ! DESIDERIO ! LEBOWITZ 

SILVERMAN I KLESTADT LLP 

business (as in the case of former long-time Dura-Bar customer, A.M. Castle); (2) the U.S. 

manufacturer no longer produces the products they require (e.g., Dura-Bar does not sell certain 

products that are smaller than 2 inches and does not manufacture many large shapes); and/or (3) 

the U.S. manufacturer's minimum contract requirements and/or surcharges, which make certain 

American companies unable to source from Dura-Bar. As a result, these U.S. manufacturing 

companies rely on American Iron as their sole source of supply, making the viability of 

American Iron critical to their business, their employees, and the U.S. infrastructure projects that 

many of these companies serve. Attached is an Affidavit from former Dura-Bar customer, A.M. 

Castle & Co., which speaks to its experience with the U.S. supplier. 

We trust this information will assist in making your determination. We believe the 

unique nature of the Versa-Bar continuous cast iron products, the importance of this product to 

U.S. industry and infrastructure, and the loss of U.S. jobs that would occur were the tariff 

imposed, justify the exclusion of Versa-Bar products imported from Brazil from the Presidential 

Action. 

Of course, if you have any questions or need additional information, please feel free to 

contact the undersigned. 

Sincerely, 

GRUNFELD, DESIDERIO, LEBOWITZ, 

SILVERMAN & KLESTADT LLP 

Alan iv. rvivauaui 

4 

9952426 3 
Statement in Support of Request for Exclusion 

on behalf of American Iron & Alloys LLC zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLK

I am Robert McGourty, Director of Strategic Sourcing, of A.M. Castle & Co. ("Castle 

Metals") I make this statement in support of the request for exclusion on behalf of American Iron 

& Alloys LLC ("AIA") from remedies under the Section 232 National Security Investigation of 

Steel with respect to continuous cast iron products known in the trade as "versa-bars." The sole 

U.S. producer of the items which are the subject of AIA's exclusion request (continuous cast iron 

products) notified us last year that we would no longer be recognized as an as an "authorized 

distributor" of their products. AIA is the only U.S. company with the requisite quality that can 

supply Castle Metals with this product; if the additional tariff is imposed on the versa-bar 

products supplied by AIA, Castle Metal's business will be adversely impacted, either through 

unmanageable increased material costs, or through the loss of its sole supplier of said product. 

1. A. M. Castle & Co. (OTCQBrCTAM), headquartered at 1420 Kensington Road, Suite 

220, Oak Brook, IL 60523, was founded in 1890. Castle Metals is a specialty metals distribution 

company. We supply metal products in bar, tube, plate, extrusion, and sheet form to metal users 

worldwide. We distribute alloy, carbon, stainless steel, nickel, aluminum, titanium, cast iron, 

and red metals. Castle Metal employs approximately 1,000 people in the United States. 

2. I have been Director of Strategic Sourcing and Director of Business Development since 

June of 2017. Prior to that time, I held various sales and marketing positions with Castle Metals. 

I am thoroughly familiar with Castle Metal's purchases of versa-bar and similar products. 

3. Castle Metals has purchased continuous cast iron products (versa-bars) from AIA since 

2017. 

4. Prior to that time, Castle Metals purchased versa-bar from the Charter Dura-Bar division 

of Charter Steel, 1800 West Lake Shore Drive, Woodstock, IL 60098 https://www.durabar.com/. Charter Dura-Bar controls approximately 80% of the market for these materials. To 

my knowledge, Charter Dura-Bar is the only domestic producer of continuous cast iron material. 

Besides Tupy S.A., I am aware of mills in Great Britain and China that can also supply 

continuous cast iron products but the quality of the product purchased from those suppliers is not 

reliable. 

5. In 2017, Charter Dura-Bar informed Castle Metals that it would no longer recognize 

Castle Metals as an authorized distributor and would therefore no longer supply Castle Metals 

Page 1 of 2 
with continuous cast iron materials at a distributor pricing level. Prior to that time, Charter DuraBar had stopped producing small sizes under 2" and most large sizes over 12" particular on large 

round, square, and rectangle configurations. It is my understanding that after it stopped 

production on these items. Charter Dura-Bar began to import them from mills located in the 

European Union and elsewhere. 

6. When Charter Dura-Bar cut off our source of supply for continuous cast iron material 

products, we identified AIA as the most viable alternate source for these products. AIA was able 

to supply Castle Metals with reliable, quality product from their supplier in Brazil, Tupy S.A. 

7. With the imposition of a 25% duty of these products, we understand that our purchase 

price for the versa-bar products will increase and we will be forced to pass at least some of these 

additional costs to our customers or discontinue sales of the product. Some of our customers 

may be unable to absorb these additional costs and will either discontinue their purchases of this 

product from Castle Metals there by causing direct injury to Castle Metals business. 

8. To the best of my knowledge, no U.S. steel producer, other than Charter Dura-Bar 

manufactures a substitute or near-equivalent product that would meet the product qualification 

requirements for these continuously cast iron products. The versa-bar that we purchase from 

AIA is a "niche product" which has particular performance characteristics that are not readily 

duplicated by other iron or steel products currei '' " " ' " ' ' " " ce. 

Robert McGoufty,' 

pirector of Strategic Sourpidg, \ 

A.M. Castle & Co. ("CaiteMefals") 

April 10,2018 

Page 2 of2 zyxwvutsrqponmlihgfedcbaXWVUTSRQPONMLKJIHGFEDCBA

9939181  4 
107th Congress, 2d Session House Document 107-185 

TO FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM IMPORTS OF CERTAIN STEEL PRODUCTS tsrqponlihgfedcaZUTSRMF

(see f1 

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MESSAGE 

PROM 

THE  PRESIDENT OF THE  UNITED  STATES 

TRANSMITTING 

DOCUMENTS DESCRIBING SAFEGUARD ACTION PROCLAIMED ON 

IMPORTS OF CERTAIN STEEL PRODUCTS, PURSUANT TO SECTION 203(a)(1) OF THE TRADE ACT OF 1974 

MARCH  6, 2002—Message and accompanying papers referred to the 

Committee on Ways and Means and ordered to be printed 

U.S.  GOVERNMENT  PRINTING  OFFICE 

WASHINGTON  :  2002  99­011 
To the Congress of the United States: zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJI

In accordance with section 203(b) of the Trade Act of 1974, as 

amended (the "Act"), I hereby transmit documents to the Congress 

that describe the safeguard action that I have proclaimed on imports of certain steel products, pursuant to the authority vested in 

me by section 203(a)(1) of the Act and as President of the United 

States, and the reasons for taking that action. 

GEORGE W. BUSH. 

THE WHITE HOUSE, March 5, 2002. zyxwvutsrqponmlihgfedcbaXWVUTSRQPONMLKJIHGFEDCBA

(i) 
To FACILITATE POSITIVE ADJUSTMENT TO COMPETITION FROM 

IMPORTS OF CERTAIN STEEL PRODUCTS 

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA 

A PROCLAMATION 

1. On December 19, 2001, the United States International Trade 

Commission (ITC) transmitted to the President a report on its investigation under section 202 of the Trade Act of 1974, as amended 

(the "Trade Act") (19 U.S.C. 2252), with respect to imports of certain steel products. 

2. The ITC reached affirmative determinations under section 

202(b) of the Trade Act that the following products are being imported into the United States in such increased quantities as to be 

a substantial cause of serious injury, or threat of serious injury, to 

the domestic industries producing like or directly competitive articles: (a) certain carbon flatrolled steel, including carbon and alloy 

steel slabs ("slabs"); plate (including cut-to-length plate and clad 

plate) ("plate"); hot-rolled steel (including plate in coils) ("hot-rolled 

steel"); cold-rolled steel (other than grain-oriented electrical steel) 

("cold-rolled steel"); and corrosion-resistant and other coated steel 

("coated steel") (collectively, "certain flat steel"); (b) carbon and 

alloy hot-rolled bar and light shapes ("hot-rolled bar"); (c) carbon 

and alloy cold-finished bar ("cold-finished bar"); (d) carbon and 

alloy rebar ("rebar"); (e) carbon and alloy welded tubular products 

(other than oil country tubular goods) ("certain tubular products"); 

(f) carbon and alloy flanges, fittings, and tool joints ("carbon and 

alloy fittings"); (g) stainless steel bar and light shapes ("stainless 

steel bar"); and (h) stainless steel rod. The ITC commissioners were 

equally divided with respect to the determination required under 

section 202(b) regarding whether (i) carbon and alloy tin mill products ("tin mill products") and (j) stainless steel wire. 

3. The ITC provided detailed definitions of the products included 

in categories (a) through (j) of paragraph 2, and their corresponding 

subheadings, under the Harmonized Tariff Schedule of the United 

States (HTS) in Appendix A to its determination, set out at 66 Fed. 

Reg. 67304, 67308-67311 (December 28, 2001). By February 4, 

2002, the ITC provided additional information in response to a request by the United States Trade Representative (USTR) under 

section 203(a)(5) of the Trade Act (19 U.S. 2253(a)(5)) (the "supplemental report"). 

4. Section 330(d)(1) of the Tariff Act of 1930, as amended (19 

U.S.C. 1330(d)(1)), provides that, when the ITC is required to determine under section 202(b) of the Trade Act whether increased 

imports of an article are a substantial cause of serious injury, or 

the threat thereof, and the commissioners voting are equally dies) 
4 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDC

vided with respect to such determination, then the determination 

agreed upon by either group of commissioners may be considered 

by the President as the determination of the ITC. Having considered the determinations of the commissioners with regard to tin 

mill products and stainless steel wire, I have decided to consider, 

the determinations of the groups of commissioners voting in the affirmative with regard to each of these products to be the determination of the ITC. 

5. Pursuant to section 311(a) of the North American Free Trade 

Agreement Implementation Act (the "NAFTA Implementation Act") 

(19 U.S.C. 3371(a)), the ITC made findings as to whether imports 

from Canada and Mexico, considered individually, account for a 

substantial share of total imports and contribute importantly to the 

serious injury, or threat thereof, caused by imports. The ITC made 

negative findings with respect to imports from Canada of certain 

flat steel, tin mill products, rebar, stainless steel rod, and stainless 

wire; and the ITC also made negative findings with respect to imports from Mexico of tin mill products, hot-rolled bar, cold-finished 

bar, rebar, certain tubular products, stainless steel bar, stainless 

steel rod, and stainless steel wire. The ITC made affirmative findings with respect to imports from Canada of hot-rolled bar, cold-finished bar, carbon and alloy fittings, and stainless steel bar; and the 

ITC also made affirmative findings with respect to imports from 

Mexico of certain flat steel, and carbon and alloy steel fittings. The 

ITC commissioners were equally divided with respect to imports 

from Canada of certain tubular products. 

6. The ITC commissioners voting in the affirmative under section 

202(b) of the Trade Act also transmitted to the President their recommendations made pursuant to section 202(e) of the Trade Act 

(19 U.S.C. 2252(e)) with respect to the actions that, in their view, 

would address the serious injury, or threat thereof, to the domestic 

industries and be most effective in facilitating the efforts of those 

industries to make a positive adjustment to import competition. 

7. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and 

after taking into account the considerations specified in section 

203(a)(2) of the Trade Act and the ITC supplemental report, I have 

determined to implement action of a type described in section 

203(a)(3) (a "safeguard measure") with regard to the following steel 

products: 

(a) certain flat steel, consisting of: slabs provided for in the 

superior text to subheadings 9903.72.30 through 9903.72.48 in 

the Annex to this proclamation; plate provided for in the superior text to subheadings 9903.72.50 through 9903.72.62 in the 

Annex to this proclamation; hot-rolled steel provided for in the 

superior text to subheadings 9903.72.65 through 9903.72.82 in 

the Annex to this proclamation; cold-rolled steel provided for in 

the superior text to subheadings 9903.72.85 through 

9903.72.04 in the Annex to this proclamation; and coated steel 

provided for in the superior text to subheadings 9903.73.07 

through 9903.73.23 in the Annex to this proclamation; 

(b) hot-rolled bar provided for in the superior text to subheadings 9903.73.42 through 9903.73.52 in the Annex to this 

proclamation; 
5 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFEDCBA

(c) cold-finished bar provided for in the superior text to subheadings 9903.73.55 through 9903.73.62 in the Annex to this 

proclamation; 

(d) rebar provided for in the superior text to subheadings 

9903.73.65 through 9903.73.71 in the Annex to this proclamation; 

(e) certain tubular products provided for in the superior text 

to subheadings 9903.73.74 through 9903.73.86 in the Annex to 

this proclamation; 

(f) carbon and alloy fittings provided for in the superior text 

to subheadings 9903.73.88 through 9903.73.95 in the Annex to 

this proclamation; 

(g) stainless steel bar provided for in the superior text to 

subheadings 9903.73.97 through 9903.74.06 in the Annex to 

this proclamation; 

(h) stainless steel rod provided for in the superior text to 

subheadings 9903.74.08 through 9903.74.16 in the Annex to 

this proclamation; 

(i) tin mill products provided for in the superior text to subheadings 9903.73.26 through 9903.73.39 in the Annex to this 

proclamation; and 

(j) stainless steel wire provided for in the superior text to 

subheadings 9903.74.18 through 9903.74.24 in the Annex to 

this proclamation. 

The steel products listed in clauses (i) through (ix) of subdivision 

(b) of U.S. Note 11 to subchapter III of chapter 99 of the HTS 

("Note 11") in the Annex of this proclamation were excluded from 

the determination of the ITC described in paragraph 2, and are excluded from these safeguard measures. I have also determined to 

exclude from these safeguard measures the steel products listed in 

the subsequent clauses of subdivision (b) of Note 11 in the Annex 

to this proclamation. 

8. Pursuant to section 312(a) of the NAFTA Implementation Act 

(19 U.S.C. 3372(a)), I have determined after considering the report 

and supplemental report of the ITC that imports from each of Canada and Mexico of certain flat steel, tin mill products, hot-rolled 

bar, cold-finished bar, rebar, certain tubular products, carbon and 

alloy fittings, stainless steel bar, stainless steel rod, and stainless 

steel wire, considered individually, do not account for a substantial 

share of total imports or do not contribute importantly to the serious injury or threat of serious injury found by the ITC. Accordingly, pursuant to section 312(b) of the NAFTA Implementation act 

(19 U.S.C. 3372(b)), I have excluded certain flat steel, tin mill products, hot-rolled bar, cold-finished bar, rebar, certain tubular products, carbon and alloy fittings, stainless steel bar, stainless steel 

rod, and stainless steel wire the product of Mexico or Canada from 

the actions I am taking under section 203 of the Trade Act. 

9. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), the 

actions I have determined to take shall be safeguard measures in 

the form of: . . 

(a) a tariff rate quota on imports of slabs described in paragraph 7, imposed for a period of 3 years plus 1 day, with annual increases in the within-quota quantities and annual re-
6 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFED

ductions in the rates of duty applicable to goods entered in excess of those quantities in the second and third years; and 

(b) an increase in duties on imports of certain flat steel, 

other than slabs (including plate, hot-rolled steel, cold-rolled 

steel and coated steel), hot-rolled bar, cold-finished bar, rebar, 

certain welded tubular products, carbon and alloy fittings, 

stainless steel bar, stainless steel rod, tin mill products, and 

stainless steel wire, as described in paragraph 7, imposed for 

a period of 3 years plus 1 day, with annual reductions in the 

rates of duty in the second and third years, as provided in the 

Annex to this proclamation. 

10. The safeguard measures described in paragraph 9 shall not 

apply to the products listed in clauses following clause (ix) in subdivision (b) of Note 11 in the Annex to this proclamation. 

11. These safeguard measures shall apply to imports from all 

countries, except for products of Canada, Israel, Jordan, and Mexico. 

12. These safeguard measures shall not apply to imports of any 

product described in paragraph 7 of the developing country that is 

a member of the World Trade Organization (WTO), as long as that 

country's share of total imports of the product, based on imports 

during a recent representative period, does not exceed 3 percent, 

provided that imports that are the product of all such countries 

with less than 3 percent import share collectively account for not 

more than 9 percent of total imports of the product. If I determine 

that a surge in imports of a product described in paragraph 7 of 

a developing country WTO member undermines the effectiveness of 

the pertinent safeguard measure, the safeguard measure shall be 

modified to apply to such product from such country. 

13. The in-quota quantity in each year under the tariff rate 

quota described in paragraph 9 shall be allocated among all countries except those countries the products of which are excluded 

from such tariff rate quota pursuant to paragraphs 11 and 12. 

14. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C. 

2253(a)(1)(A)), I have further determined that these safeguard 

measures will facilitate efforts by the domestic industry to make a 

positive adjustment to import competition and provide greater economic and social benefits than costs. If I determine that further action is appropriate and feasible to facilitate efforts by the pertinent 

domestic industry to make a positive adjustment to import competition and to provide greater economic and social benefits than costs, 

or if I determine that the conditions under section 204(b)(1) of the 

Trade Act are met, I shall reduce, modify, or terminate the action 

established in this proclamation accordingly. In addition, if I determine within 30 days of the date of this proclamation, as a result 

of consultations between the United states and other WTO members pursuant to Article 12.3 of the WTO Agreement on Safeguards 

that is necessary to reduce, modify, or terminate a safeguard measure, I shall proclaim the corresponding reduction, modification, or 

termination of the safeguard measure within 40 days. 

15. Section 604 of the Trade Act, as amended (19 U.S.C. 2483), 

authorizes the President to embody in the HTS the substance of 

the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, 
7 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFED

modification, continuance, or imposition of any rate of duty or other 

import restriction. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the 

United States of America, acting under the authority vested in me 

by the Constitution and the laws of the United states, including 

but not limited to sections 203 and 604 of the Trade Act, and section 301 of title 3, United States Code, do proclaim that: 

(1) In order to establish increases in duty and a tariff rate quota 

on imports of the certain steel products described in paragraph 7 

(other than excluded products), subchapter III of chapter 99 of the 

HTS is modified as provided in the Annex to this proclamation. 

Any merchandise subject to a safeguard measure that is admitted 

into U.S. foreign trade zones on or after March 20, 2002, must be 

admitted as "privileged foreign status" as defined in 19 CFR 

146.41, and will be subject upon entry to any quantitative restrictions or tariffs related to the classification under the applicable 

HTS subheading. 

(2) Such imports of certain steel that are the product of Canada, 

Israel, Jordan, or Mexico shall be excluded from the safeguard 

measures established by this proclamation, and such imports shall 

not be counted toward the tariff rate quota limits that trigger the 

over-quota rates of duty. 

(3) Except as provided in clause (4) below, imports of certain 

steel that are the product of WTO member developing countries, as 

provided in subdivision (d)(i) of Note 11 in the Annex to this proclamation, shall be excluded from the safeguard measures established 

by this proclamation, and such imports shall not be counted toward 

the tariff rate quota limits that trigger the over-quota rates of duties. 

(4) Clause (3) above shall not apply to imports of a product that 

is the product of a country listed in subdivision (d)(i) of Note 11 in 

the Annex to this proclamation if subdivision (d)(ii) of such Note indicates that such country's share of total imports of the product exceeds 3 percent, or that imports of the product from all listed countries with less than 3 percent import share collectively account for 

more than 9 percent of total imports of the product. The USTR is 

authorized to determine whether a surge in imports of a product 

that is the product of a country listed in subdivision (d)(i) undermines the effectiveness of the pertinent safeguard measure and, if 

so, upon publication of a notice in the tsrqponlihgfedcaZUTSRMFC Federal Register, to revise 

subdivision (d) of Note 11 in the Annex to this proclamation to indicate that such product from such country is not excluded from 

such safeguard measure. 

(5) Within 120 days after the date of this proclamation, the 

USTR is authorized to further consider any request for exclusion 

of a particular product submitted in accordance with the procedures set out in 66 Fed. Reg. 54321, 54322—54323 (October 26, 

2001) and, upon publication in the Federal Register of a notice of 

his finding that a particular product should be excluded, to modify 

the HTS provisions created by the Annex to this proclamation to 

exclude such particular product form the pertinent safeguard measure established by this proclamation. 

(6) In March of each year in which any safeguard measure established by this proclamation remains in effect, the USTR is author-
8 zyxwvutsrqponmlkjihgfedcbaZYXWVUTSRQPONMLKJIHGFE

ized, upon publication in the tsrqponlihgfedcaZUTSRMFC Federal Register of a notice of his 

finding that a particular product should be excluded, to modify the 

HTS provisions created by the Annex to this proclamation to exclude such particular product from the pertinent safeguard measure established by this proclamation. 

(7) Any provision of previous proclamations and Executive Orders that is inconsistent with the actions taken in this proclamation is superseded to the extent of such inconsistency. 

(8) The modifications to the HTS made by this proclamation, including the Annex hereto, shall be effective with respect to goods 

entered, or withdrawn from warehouse for consumption, on or after 

12:01 a.m., EST, on March 29, 2002, and shall continue in effect 

as provided in the Annex to this proclamation, unless such actions 

are earlier expressly reduced, modified, or terminated. Effective at 

the close of March 21, 2006, or such other date that is 1 year from 

the close of the safeguard measures established in this proclamation, the U.S. note and tariff provisions established in the Annex 

to this proclamation shall be deleted from the HTS. 

IN WITNESS WHEREOF, I have hereunto set my hand this fifth 

day of March, in the year of our Lord two thousand two, and of the 

Independence of the United States of America the two hundred and 

twenty-sixth. 

GEORGE W. BUSH. 
ANNEX 

MODIFICATIONS TO THE HARMONIZED TARIFF 

SCHEDULE OF THE UNITED STATES zyxwvutsrqponmlihgfedcbaXWVUTSRQPO

Effective with respect to goods entered, or withdrawn from  warehouse for consumption, 

on or  after March 20, 2002, subchapter III of chapter 99 of the Harmonized Tariff Schedule of 

the United States  is modified by inserting  in numerical sequence the following new U.S. note, 

subheadings and superior text thereto, with the language inserted in the columns entitled " 

Heading/Subheading", "• Article Description", "Rates of Duty 1­General", "Rates of Duty 

1­Special", and "Rates of Duty 2", respectively. 

(a) Except as provided rn this note, subheadings 9903.72.30 through 9903.74.24^ inclusive, and superior text 

thereto apply to the specified goads entered, or ivithdrawn from warehouse for consumption, on or after 

March 20, 2002, from any country other than those expressly exempted herein. The rates of duty in such 

subheadings either incorporate-the duty rates specified for such goods in chapters 1"* or 73 of the tariff 

schedule or are unchanged from the pertinent provisions of such chapters. Whenever a provision covers " 

goods excluded from the application of relief," that term refers to specific steel products that fall within the 

applicable superior text to such provision but are enumerated in subdivision (b) or (c) of this noic. The 

application of this note to goods of particular countries shall be determined by the terms of such 

subheadings and superior text thereto and by the provisions of subdivision [d) of this note. Goods thai arc-

(i) described in the superior text to subheadings 9903.72.01 through 9903.72.1S, inclusive, or the 

superior text to subheadings 9903.72.20 through 9903.72.25, inclusive; 

fiat-rolled produtns of ball bearing steeTfas defined inaddftfonat U.S. note 7 fh) to chapter 72), 

provided for in heading 7225 or 7226; and-'--

(iti) tubing of nonalloy steel, coated with zinc, of a diameter not exceeding 114,3 mm, internally coated 

or lined with a non-elcctrically insulating coating material, suitable for use as electrical conduii, 

shall be excluded from the subheadings enumerated in the first sentence of this paragraph and no such goods 

shall be permitted eniry under such subheadings 

For purposes of this note, the following goods, enumerated with the designation assigned to facilitate the 

administration of this note, shall be excluded from the application of import relief under one or mere 

subheadings enumerated in the first sentence of subdivision (a) of this note, but the appropriate S-digu 

subheading number shall be reported for such goods in addition to the 10-digit statistical reporting number 

appearing in chapters ! through 97 which would be applicable but for the provisions of this subchapter. 

K.M35FL" containing by weight not more than 0 015 percent of carbon: 0 70 or more but 

(9) 

fjwu^S !o - I (O 0 tsrqponlihgfedcaZUTSRMFC rr\ i 

ctuE -ft? jx? c priuj- e i iViv I--
17 

ANNEX (continued) zyxwvutsrqponmlkjihgfedcbaZYXWVU

9 

minimum coil weigh! of 8164.8 kg with a coil inside diameter of 40.64 cm with a steel core, 

with a coi! maximum outside diameter of IS1. 13 cm, with a maximum of one weld ' 

(identified with a paper flag) per coil, with a surface free of scratches, holes and rust; 

(x) Versa-bare, the foregoing which are semi-fmished products ofconlmuous cast gray or ductile iron, 

of square or rectangular cross section, containing, by weight, carbon of between 2.9 and 3.7 percent, 

silicon of between 1.6 and 2.7 percent, and manganese of between 0.5 and 0.8 percent (provided for 

in subheading 7207.20.00), the foregoing designated as X-137; 

(xi) products known as "Superplasl SP 300," the foregoing which are plates, pre-forged and rolled 

blocks or forged exira-heavy section blocks, with thickness of 152 and 1270 mm, inclusive, widths 

of 1990 mm, and lengths of 3048 to 3810 mm, inclusive; containing, by weight, carbon of between 

0 235 and 0 265 percent, chromium of between 1.20 and 1.40 percent, manganese of between I 20 

and 1.40 percent, nickel ofOJO percem maximum, molybdenum of between 0.35 and 0,45 percent, 

silicon of between 0.05 and 0.15 percent, boron of between 0.002 and 0.004 percent, sulphur of 

between 0.015 and 0.020 percent; exhibiting oxygen of 20 ppm (pans per million) and hydrogen of 

2 ppm; if measuring between 152 and 203 mm displaying through hardness of 269 io 320 Brinnell, 

with a maximum dispersion of 15 bhn throughout; if measuring 203 and 1270 mm having through 

hardness of 290 to 320 Brtnnell. with a maximum dispersion of 30 bhn throughout; all such 

products conforming to ultrasonic testing requirements of American Society of Testing and 

Materials (ASTM) A578-S9, with a 2mm Oat bottom hole, and homogenous product (free of 

hardspots) cleanliness guaranteed per ASTM 345 method A, worst field ratings A; 1.5 maximum, B. 

1.5 maximum, C 1.0 maximum, D: 1.5 maxunum, all the foregoing designated as X-083; 

f xit) products known as "NaK 55," the foregoing which are doubie-meited hot-roiled plastic mold steel 

products containing; by weight , carbon of 0.15 percent, tnangtmese of 1,50 percent .-sulfur of 0.10 

percent, copper of 1.00 percent, silicon ofO.SO percent, molybdenum of 0.30 percent, nickel oD.OO 

peecent, and aluminum of 1.00 percent, displaying the following mechanical properties: hardness of 

Hftc 40, yield strength (0.2 percent offset, 41 HRc) of 1010 MPa, tensile strength of 1255 MPa, 

reduction of 39.8 percent; elongation (in 50 mm) of 15.6 percent; modulus of elasticity at room 

temperature of 30.0 x 10* psi; with Charpy-noteh impact strength longitudinal 9.8 J and transverse 

of 7.6 i; displaying the following physical properties: coefficient of thermal expansion from 20 "C to 

lOO-Cof 11.3 x lO-*^'1, from 20"C to 200*Cof 12.6 x IO-* "C'and from20"Cto 300«Cof 13 5 

x IC* °C'; coefficient of thermal conductivity J/smK at 93 tsrqponlihgfedcaZUTSRMFC "C " 41.4 oral 204 X ^ 42.2; having 

magnetic properties of maximum magnetic permeability of 380, saturated magnetism of 16,350 

Gauss and residual magnetism of 8,500 Gauss, all the foregoing designated as X-134; 

(xni) fiat-rolled ripper shank alloy sleol, having rounded comers with radii of at least 6 mm but not more 

than 25 mm; of SAE 4IB30 modified chemistry containing manganese of at least 1.00 percent but 

not more than 1.30 percent by weight, and containing chromium of at least 0.40 percent but not 

more than 0.65 percent by weight; with a thickness of at least 72 mm but not more than 77 mm and 

a width of at least 327 mm but not more than 337 mm, or with a thickness of at least 86.5 mm but 

not more than 91.5 mm and a width of at least 352 mm but not more than 362 mm, or with a 

thickness of at least 86.5 mm but not more than 91.5 mm and a width of at least 377 mm but not 

more than 387 mm, or with a thickness of at least 96.5 mm but not more than 101,5 mm and a width 

of at least 395 mm but not more than 405 mm, or with a thickness of at least 106.5 mm but not more 

than 1115 mm and a width of at least 444,5m m but not more than 455.5 mm, the foregoing 

products designated as X-l 15 or X-148; 

(xivl fiat-rolled steel products, hot-rolled, designated as X-100, the foregoing manufactured to API Grade 

X-52 or higher, supplied in widlhs greater than 3810 mm, 

(xv) 13 percent manganese austenitic sheet, not further worked than hot rolled, containing, by weight, 

carbon of between 0.80 and 0.90 percent, silicon of between 0.10 and 0.45 percent, manganese of 

between 12.00 and 14.00 percent, phosphorus of 0.035 percenl maximum, sulfur of 0.040 percent 

maximum, chromium of 0.50 percent maximum, molybdenum of 0.15 percent maximum, and nickel 

of 0.40 percent, the foregoing designated as X-032;