Title
Anti-Dumping Protest on Imported Pipe Products
Law
Boc Memorandum Circular No. 25-95
Decision Date
Jan 17, 1995
Acting Secretary Romeo L. Bernardo directs the Bureau of Customs to withhold shipments of Hubless Cast Iron Soil Pipes from ASA Metal Products, Inc. pending a full investigation into an anti-dumping protest filed by Filipino Pipe and Foundry Corporation, requiring a bond equal to twice the estimated dutiable value.

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.

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