Trigger for the hold on shipments
- The directive applies because an Anti-Dumping protest was filed by Filipino Pipe and Foundry Corporation against importation by ASA Metal Products, Inc.
- The imports covered are Hubless Cast Iron Soil Pipes and fittings, consisting of bends, cleanouts, plugs, reducers, coupling, elbows, wyes, hubs, crosses, tees, sweeps of all types and sizes.
- The instruction is issued on the basis that a prima facie case of dumping exists, warranting a full investigation.
Scope: what shipments are covered
- The hold applies to imports from Canada.
- The products covered are specifically the hubless cast iron soil pipes and fittings enumerated in the circular.
- The instruction covers both pending shipments and subsequent shipments of the covered articles from Canada.
Prohibition: release of covered shipments
- The customs office must not release any pending or subsequent shipment of the covered articles from Canada.
- The prohibition is tied to the anti-dumping protest and the existence of a prima facie case of dumping requiring full investigation.
Bond requirement and amount
- Release is allowed only if a bond is provided in the required amount.
- The bond amount must be equal to twice the estimated dutiable value of the covered articles.
- The bond must be given in accordance with Section 301 (e) of the Tariff and Customs Code, as amended.
- The circular treats the bond as the condition for release while the anti-dumping matter is under full investigation.
Trade framework reference
- The circular references Canada as a member of the Canada-U.S. Free Trade Agreement.
- The hold-and-bond instruction operates notwithstanding the referenced trade framework status of the country of origin.
Implementation directive and compliance instruction
- The customs office is directed to stop release of covered articles from the specified origin unless the required bond is posted.
- The directive is operationally limited to the covered articles and Canada shipments described under the anti-dumping protest context.
- The circular concludes with an instruction to be guided accordingly, binding the concerned customs offices to apply the specified hold and bond condition.