Distribution of Continued Dumping and Subsidy Offset to Affected Domestic Producers, 31196-31349 [E8-12169]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Notices]
[Pages 31196-31349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12169]



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Part II





Department of Homeland Security





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U.S. Customs and Border Protection



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 Distribution of Continued Dumping and Subsidy Offset to Affected 
Domestic Producers; Notice

Federal Register / Vol. 73, No. 105 / Friday, May 30, 2008 / 
Notices

[[Page 31196]]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Distribution of Continued Dumping and Subsidy Offset to Affected 
Domestic Producers

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of intent to distribute offset for Fiscal Year 2008.

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SUMMARY: Pursuant to the Continued Dumping and Subsidy Offset Act of 
2000, this document is U.S. Customs and Border Protection's notice of 
intent to distribute assessed antidumping or countervailing duties 
(known as the continued dumping and subsidy offset) for Fiscal Year 
2008 in connection with countervailing duty orders, antidumping duty 
orders, or findings under the Antidumping Act of 1921. This document 
sets forth the case name and number of each order or finding for which 
funds may become available for distribution, together with the list of 
affected domestic producers, based on the list supplied by the United 
States International Trade Commission (USITC) associated with each 
order or finding, who are potentially eligible to receive a 
distribution. This document also provides the instructions for affected 
domestic producers (and anyone alleging eligibility to receive a 
distribution) to file certifications to claim a distribution in 
relation to the listed orders or findings.

DATES: Certifications to obtain a continued dumping and subsidy offset 
under a particular order or finding must be received by July 29, 2008. 
Any certification received after July 29, 2008 will be denied, making 
claimants ineligible for the distribution.

ADDRESSES: Certifications and any other correspondence should be 
addressed to the Assistant Commissioner, Office of Finance, U.S. 
Customs and Border Protection, Revenue Division, Attention: Leigh 
Redelman, 6650 Telecom Drive Suite 100, Indianapolis, IN 46278. Any 
delivery by an express or courier service requiring a street address 
may be addressed to 6650 Telecom Drive, Suite 100, Indianapolis, IN 
46278.

FOR FURTHER INFORMATION CONTACT: For general questions regarding 
preparation of certifications, contact Leigh Redelman, Revenue 
Division, (317) 614-4462. For questions regarding legal aspects, 
contact William G. Rosoff, Office of International Trade, Regulations 
and Rulings, (202) 572-8807.

SUPPLEMENTARY INFORMATION:

Background

    The Continued Dumping and Subsidy Offset Act of 2000 (CDSOA) was 
enacted on October 28, 2000, as part of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (the ``Act''). The provisions of the CDSOA are 
contained in title X (Sec. Sec.  1001-1003) of the Act.
    The CDSOA, in Sec.  1003 of the Act, amended title VII of the 
Tariff Act of 1930, as amended, by adding a new Sec.  754 (codified at 
19 U.S.C. 1675c) in order to provide that assessed duties received 
pursuant to a countervailing duty order, an antidumping duty order, or 
a finding under the Antidumping Act of 1921 will be distributed to 
affected domestic producers for certain qualifying expenditures that 
these producers incur after the issuance of such an order or finding. 
The term ``affected domestic producer'' means any manufacturer, 
producer, farmer, rancher or worker representative (including 
associations of such persons) who:
    (A) Was a petitioner or interested party in support of a petition 
with respect to which an antidumping order, a finding under the 
Antidumping Act of 1921, or a countervailing duty order that has been 
entered,
    (B) Remains in operation continuing to produce the product covered 
by a countervailing duty order, an antidumping duty order, or a finding 
under the Antidumping Act of 1921, and
    (C) If a company, has not been acquired by another company or 
business that is related to a company that opposed the antidumping or 
countervailing duty investigation that led to the order or finding, 
e.g., opposed the petition or otherwise presented evidence in 
opposition to the petition.
    The distribution that these parties may receive is known as the 
continued dumping and subsidy offset.
    Section 7601(a) of the Deficit Reduction Act of 2005 repealed 19 
U.S.C. 1675c. According to Sec.  7701 of the Deficit Reduction Act, the 
repeal takes effect as if enacted on October 1, 2005. However, Sec.  
7601(b) provides that all duties collected on an entry filed before 
October 1, 2007, shall be distributed as if 19 U.S.C. 1675c had not 
been repealed by Sec.  7601(a).
    Consequently, the full impact of the CDSOA repeal on amounts 
available for distribution may be delayed for several years. First, 
money collected on an entry filed before October 1, 2007, will continue 
to be subject to the distribution procedures under former Sec.  1675c. 
Second, the duty on an entry is not available for distribution until 
the entry is liquidated pursuant to the direction of the Department of 
Commerce and the duty is collected and deposited into the special 
account; therefore, the distribution process will continue until all 
entries made before October 1, 2007, are liquidated and the duties are 
collected. Because of the statutory constraints in the assessments of 
antidumping and countervailing duties, the distribution process will be 
continued for an undetermined period; however, the amount of money 
available for distribution can be expected to diminish over time. It 
should also be noted that amounts distributed may be subject to 
recovery as a result of reliquidations, court actions, administrative 
errors, and other reasons.

List of Orders or Findings and Affected Domestic Producers

    It is the responsibility of the U.S. International Trade Commission 
(USITC) to ascertain and timely forward to U.S. Customs and Border 
Protection (CBP) a list of the affected domestic producers that are 
potentially eligible to receive an offset in connection with an order 
or finding. In this regard, it is noted that the USITC has supplied CBP 
with the list of individual antidumping and countervailing duty cases, 
and the affected domestic producers associated with each case who are 
potentially eligible to receive an offset. This list appears at the end 
of this document.
    Recent decisions by the Court of International Trade (CIT) have 
interpreted various provisions of the CDSOA, particularly those related 
to the definition of the term ``affected domestic producer.'' In Pat 
Huval Restaurant & Oyster Bar, Inc. v. United States, 2008 Ct. Int'l 
Trade LEXIS 23, Slip Op. 08-26 (Ct. Int'l Trade Mar. 3, 2008), the CIT 
held that a domestic producer's failure to file timely certifications 
in certain fiscal years was not necessarily a bar to seeking judicial 
review for disbursements made within two years of filing suit because 
``Customs could have done nothing but reject them.'' In both SKF USA 
Inc. v. United States, 451 F. Supp. 2d 1355, 1366 (Ct. Int'l Trade 
2006), and PS Chez Sidney, L.L.C. v. United States ITC, 502 F. Supp. 2d 
1318, 1325 (Ct. Int'l Trade 2007), the CIT held that the CDSOA's 
support requirement was unconstitutional and severed this requirement 
for eligibility. As a result of these decisions and a number of other 
pending cases, CBP has calculated and withheld from distribution an 
amount corresponding to the pro-rata share of

[[Page 31197]]

all domestic producers who have filed timely and facially accurate 
certifications starting in 2006, despite the fact that some claimants 
may not have appeared on the ITC list. Therefore, at a minimum, even 
under the relevant court decisions, it would not have been futile for 
domestic producers not appearing on the ITC list to file certifications 
starting in fiscal year 2006. CBP will determine the proper recipients 
of these funds once certain legal issues are resolved. As a result, 
domestic producers who are not on the USITC list but believe they 
nonetheless are eligible for a CDSOA distribution under one or more 
antidumping and/or countervailing duty cases are required, as are all 
potential claimants that expressly appear on the list, to file their 
certification(s) within 60 days after this notice is published. 
Certifications that are not timely filed within the requisite 60 days 
will be summarily denied.

Regulations Implementing the CDSOA

    It is noted that CBP published Treasury Decision (T.D.) 01-68 
(Distribution of Continued Dumping and Subsidy Offset to Affected 
Domestic Producers) in the Federal Register (66 FR 48546) on September 
21, 2001, which was effective as of that date, in order to implement 
the CDSOA. The final rule added a new subpart F to part 159 of title 
19, Code of Federal Regulations (19 CFR part 159, subpart F (Sec. Sec.  
159.61-159.64)). More specific guidance regarding the filing of 
certifications is provided in this notice in order to aid affected 
domestic producers and other domestic producers alleging eligibility 
(``claimants'' or ``domestic producers'').

Notice of Intent To Distribute Offset

    This document announces that CBP intends to distribute to affected 
domestic producers the assessed antidumping or countervailing duties 
that are available for distribution in Fiscal Year 2008 in connection 
with those antidumping duty orders or findings or countervailing duty 
orders that are listed in this document. Section 159.62(a) of title 19 
(19 CFR 159.62(a)) provides that CBP will publish such a notice of 
intention to distribute assessed duties at least 90 calendar days 
before the end of a fiscal year. Failure to publish the notice at least 
90 calendar days before the end of the fiscal year will not impact an 
affected domestic producer's obligation to file a timely certification 
within 60 days after the notice is published.

Certifications; Submission and Content

    To obtain a distribution of the offset under a given order or 
finding, an affected domestic producer (and anyone alleging eligibility 
to receive a distribution) must submit a certification for each order 
or finding under which a distribution is sought, to CBP, indicating 
their desire to receive a distribution. To be eligible to obtain a 
distribution, certifications must be received by CBP no later than 60 
calendar days after the date of publication of this notice of intent to 
distribute in the Federal Register. All certifications not received by 
the 60th day will not be eligible to receive a distribution.
    As required by 19 CFR 159.62(b), this notice provides the case name 
and number of the order or finding concerned, as well as the specific 
instructions for filing a certification under Sec.  159.63 to claim a 
distribution. Section 159.62(b) also provides that the dollar amounts 
subject to distribution that are contained in the Special Account for 
each listed order or finding are to appear in this notice. However, 
these dollar amounts were not available in time for inclusion in this 
publication. The preliminary amounts will be posted on the CBP Web site 
(https://www.cbp.gov) in order to assist potential claimants in 
determining whether it would be worthwhile to file a certification in a 
given case. The final amounts available for distribution may be higher 
or lower than the preliminary amounts.
    CBP will provide general information to claimants regarding the 
preparation of certification(s). However, it remains the sole 
responsibility of the domestic producer to ensure that the 
certification is correct, complete, and accurate so as to demonstrate 
the eligibility of the domestic producer for the distribution 
requested. Failure to ensure that the certification is correct, 
complete, and accurate as provided in this notice will result in the 
domestic producer not receiving a distribution.
    Specifically, to obtain a distribution of the offset under a given 
order or finding, each potential claimant must timely submit a 
certification containing the required information detailed below as to 
the eligibility of the domestic producer to receive the requested 
distribution and the total amount of the distribution that the domestic 
producer is claiming. Certifications should be submitted to the 
Assistant Commissioner, Office of Finance, U.S. Customs and Border 
Protection, Revenue Division. The certification must enumerate the 
qualifying expenditures incurred by the domestic producer since the 
issuance of an order or finding and it must demonstrate that the 
domestic producer is eligible to receive a distribution as an affected 
domestic producer or allege another basis of eligibility.
    A successor to a company that was an affected domestic producer at 
the time of acquisition should consult 19 CFR 159.61(b)(1)(i). We note 
that the successor company may assume joint and several liability for 
the return of any overpayments arising under Sec.  159.64(c)(3) that 
were previously paid to the predecessor. CBP may require the successor 
company to provide documents to support its eligibility to receive a 
distribution as set out in Sec.  159.63(d).
    A member company (or its successor) of an association that appears 
on the list of affected domestic producers in this notice, where the 
member company itself does not appear on the list, should consult 19 
CFR 159.61(b)(1)(ii). Specifically, for a certification under 19 CFR 
159.61(b)(1)(ii), the claimant must name the association of which it is 
a member and specifically establish that it was a member of the 
association at the time the association filed the petition with the 
USITC and establish that the company is a current member of the 
association. In order to promote accurate filings and more efficiently 
process the distributions, we offer the following guidance. If 
claimants are members of an association but the association does not 
file on their behalf, each association will need to provide their 
members with a statement which contains notarized company specific 
information including dates of membership, and an original signature 
from an authorized representative of the association. An association 
filing a certification on behalf of a member must also provide a power 
of attorney or other evidence of legal authorization from each of the 
domestic producers it is representing. An association filing a 
certification on behalf of a member is responsible for verifying the 
accuracy of the member's financial records, which support their claim, 
and is responsible for that certification. Any association filing a 
certification on behalf of a member is responsible for verifying the 
legal sufficiency and accuracy of the member's financial records, which 
support the claim and may be liable for repayment of any claim found to 
have been paid in error.
    The association may file a certification in its own right to claim 
an offset for that order or finding, but its qualifying expenditures 
would be limited to those expenditures that the

[[Page 31198]]

association itself has incurred after the date of the order or finding 
in connection with the particular case.
    As provided in 19 CFR 159.63(a), certifications to obtain a 
distribution of an offset must be received by CBP no later than 60 
calendar days after the date of publication of the notice of intent in 
the Federal Register. All certifications received after the 60-day 
deadline will be summarily denied, making claimants ineligible for the 
distribution regardless of whether or not they appeared on the USITC 
list.
    A list of all certifications received will be published on the CBP 
website shortly after the receipt deadline. This publication will not 
confirm acceptance or validity of the certification, but merely receipt 
of the certification. Due to the high volume of certifications, CBP is 
unable to respond to individual telephone or written inquiries 
regarding the status of a certification appearing on the list.
    While there is no required format for a certification, CBP has 
developed a standard certification form to aid claimants in filing 
certifications. The certification form is available at www.pay.gov 
under Public Form Name entitled CDSOA. The certification form also 
follows this Federal Register Notice. The certification form may be 
submitted electronically through www.pay.gov or by mail. All 
certifications not submitted electronically must include original 
signatures.
    Regardless of the format for a certification, per 19 CFR 159.63(b), 
the certification must contain the following information:
    1. The date of this Federal Register notice;
    2. The Commerce case number;
    3. The case name (producer/country);
    4. The name of the domestic producer and any name qualifier, if 
applicable (for example, any other name under which the domestic 
producer does business or is also known);
    5. The mailing address of the domestic producer (if a post office 
box, the physical street address must also appear) including, if 
applicable, a specific room number or department;
    6. The Internal Revenue Service (IRS) number (with suffix) of the 
domestic producer, employer identification number, or social security 
number, as applicable;
    7. The specific business organization of the domestic producer 
(corporation, partnership, sole proprietorship);
    8. The name(s) of any individual(s) designated by the domestic 
producer as the contact person(s) concerning the certification, 
together with the phone number(s), mailing address and, if available, 
facsimile transmission number(s) and electronic mail (e-mail) 
address(es) for the person(s). Correspondence from CBP will be directed 
to the designated contact(s) by either mail or phone or both;
    9. The total dollar amount claimed;
    10. The dollar amount claimed by category, as described in the 
section below entitled ``Amount Claimed for Distribution'';
    11. A statement of eligibility, as described in the section below 
entitled ``Eligibility to Receive Distribution''; and
    12. For certifications not submitted electronically through 
www.pay.gov, an original signature by an individual legally authorized 
to bind the producer.

Qualifying Expenditures Which May Be Claimed for Distribution

    Qualifying expenditures which may be offset by a distribution of 
assessed antidumping and countervailing duties encompass those 
expenditures that are incurred by the domestic producer after the 
issuance of an antidumping duty order or finding or a countervailing 
duty order, and prior to its termination, provided that such 
expenditures fall within certain categories. The repeal language 
parallels the termination of an order. Therefore, for duty orders or 
findings that have not been previously revoked, expenses must be 
incurred before October 1, 2007, to be eligible for offset. For duty 
orders or findings that have been revoked, expenses must be incurred 
before the effective date of the revocation to be eligible for offset. 
For example, assume for case A-331-802, certain frozen warm-water 
shrimp and prawns from Ecuador, that the order date is February 1, 
2005, and that the revocation effective date is August 23, 2007. In 
this case, eligible expenditures would have to be incurred between 
February 1, 2005, and August 23, 2007.
    For the convenience and ease of the domestic producers, CBP is 
providing guidance on what the agency takes into consideration when 
making a calculation for each of the following categories: (1) 
Manufacturing facilities: (Any facility used for the transformation of 
raw material into a finished product that is the subject of the related 
order or finding); (2) Equipment: (Goods that are used in a business 
environment to aid in the manufacturing of a product that is the 
subject of the related order or finding); (3) Research and development: 
(Seeking knowledge and determining the best techniques for production 
of the product that is the subject of the related order or finding); 
(4) Personnel training: (Teaching of specific useful skills to 
personnel, that will improve performance in the production process of 
the product that is the subject of the related order or finding); (5) 
Acquisition of technology: (Acquisition of applied scientific knowledge 
and materials to achieve an objective in the production process of the 
product that is the subject of the related order or finding); (6) 
Health care benefits for employees paid for by the employer: (Health 
care benefits paid to employees who are producing the specific product 
that is the subject of the related order or finding); (7) Pension 
benefits for employees paid for by the employer: (Pension benefits paid 
to employees who are producing the specific product that is the subject 
of the related order or finding); (8) Environmental equipment, 
training, or technology: (Equipment, training, or technology used in 
the production of the product that is the subject of the related order 
or finding, that will assist in preventing potentially harmful factors 
from impacting the environment); (9) Acquisition of raw materials and 
other inputs: (Purchase of unprocessed materials or other inputs needed 
for the production of the product that is the subject of the related 
order or finding); and (10) Working capital or other funds needed to 
maintain production: (Assets of a business that can be applied to its 
production of the product that is the subject of the related order or 
finding).

Amount Claimed for Distribution

    In calculating the amount of the distribution being claimed as an 
offset, the certification must indicate: (1) The total amount of any 
qualifying expenditures currently and previously certified by the 
domestic producer, and the amount certified by category; (2) The total 
amount of those expenditures which have been the subject of any prior 
distribution for the order or finding being certified under 19 U.S.C. 
1675c; and (3) The net amount for new and remaining qualifying 
expenditures being claimed in the current certification (the total 
amount currently and previously certified as noted in item ``(1)'' 
above minus the total amount that was the subject of any prior 
distribution as noted in item ``(2)'' above). In accordance with 19 CFR 
159.63(b)(2)(i)-(b)(2)(iii), CBP will deduct the amount of any prior 
distribution from the producer's claimed amount for that case. Total 
amounts disbursed by CBP under the CDSOA for Fiscal Years 2001 through 
2007 are available on the CBP website.
    Additionally, under 19 CFR 159.61(c), these qualifying expenditures 
must be related to the production of the same

[[Page 31199]]

product that is the subject of the order or finding, with the exception 
of expenses incurred by associations which must relate to a specific 
case.

Eligibility To Receive Distribution

    As noted, the certification must contain a statement that the 
domestic producer desires to receive a distribution and is eligible to 
receive the distribution as an affected domestic producer or on another 
legal basis. Also, the domestic producer must affirm that the net 
amount certified for distribution does not encompass any qualifying 
expenditures for which distribution has previously been made (19 CFR 
159.63(b)(3)(i)).
    Furthermore, under 19 CFR 159.63(b)(3)(ii), where a domestic 
producer files a separate certification for more than one order or 
finding using the same qualifying expenditures as the basis for 
distribution in each case, each certification must list all the other 
orders or findings where the producer is claiming the same qualifying 
expenditures.
    Moreover, as required by 19 U.S.C. 1675c(b)(1) and 19 CFR 
159.63(b)(3)(iii), the certification must include information as to 
whether the domestic producer remains in operation at the time the 
certifications are filed and continues to produce the product covered 
by the particular order or finding under which the distribution is 
sought. If a domestic producer is no longer in operation, or no longer 
produces the product covered by the order or finding, the producer will 
not be considered an affected domestic producer entitled to receive a 
distribution.
    In addition, as required by 19 U.S.C. 1675c(b)(5) and 19 CFR 
159.63(b)(3)(iii), the domestic producer must state whether it has been 
acquired by a company that opposed the investigation or was acquired by 
a business related to a company that opposed the investigation. If a 
domestic producer has been so acquired, the producer will not be 
considered an affected domestic producer entitled to receive a 
distribution. However, CBP may not make a final decision regarding the 
claimant's eligibility to receive funds until certain legal issues 
which may affect the claimant's eligibility are resolved. In these 
instances, CBP may withhold an amount of funds corresponding to the 
claimant's alleged pro rata share of funds from distribution pending 
the resolution of those legal issues.
    The certification must be executed and dated by a party legally 
authorized to bind the domestic producer and it must state that the 
information contained in the certification is true and accurate to the 
best of the certifier's knowledge and belief under penalty of law, and 
that the domestic producer has records to support the qualifying 
expenditures being claimed (see section below entitled ``Verification 
of Certification'').
    Moreover, as provided in 19 CFR 159.64(b)(3), overpayments to 
affected domestic producers are recoverable by CBP and CBP reserves the 
right to use all available collection tools to recover overpayments. 
Overpayments may occur for a variety of reasons such as reliquidations, 
court actions, and administrative errors.

Review and Correction of Certification

    A certification that is submitted in response to this notice of 
distribution and received within 60 calendar days after the date of 
publication of the notice in the Federal Register may, at CBP's sole 
discretion, be subject to review before acceptance to ensure that all 
informational requirements are complied with and that any amounts set 
forth in the certification for current and prior qualifying 
expenditures, including the amount claimed for distribution, appear to 
be correct. A certification that is found to be materially incorrect or 
incomplete will be returned to the domestic producer within 15 business 
days after the close of the 60 calendar-day filing period, as provided 
in 19 CFR 159.63(c). CBP must receive a corrected certification from 
the domestic producer and/or an association filing on behalf of an 
association member within 10 business days from the date of the 
original denial letter. Failure to receive a correct certification will 
result in denial as an untimely submission of a correct certification. 
It is the sole responsibility of the domestic producer to ensure that 
the certification is correct, complete, and satisfactory so as to 
demonstrate the eligibility of the domestic producer to the 
distribution requested. Failure to ensure that the certification is 
correct, complete, and satisfactory will result in the domestic 
producer not receiving a distribution.

Verification of Certification

    Certifications are subject to CBP's verification. Claimants may 
also be required to provide copies of additional records for further 
review by CBP. Therefore, parties are required to maintain records 
supporting their claims for a period of five years after the filing of 
the certification (19 CFR 159.63(d)). The records must support each 
qualifying expenditure enumerated in the certification and they must 
support how the qualifying expenditures are determined to be related to 
the production of the product covered by the order or finding. Although 
CBP will accept comments and information from the public and other 
domestic producers, CBP retains complete discretion regarding the 
initiation and conduct of investigations stemming from such 
information.

Disclosure of Information in Certifications; Acceptance by Producer

    The name of the claimant, the total dollar amount claimed by the 
party on the certification, as well as the total dollar amount that CBP 
actually disburses to that affected domestic producer as an offset, 
will be available for disclosure to the public, as specified in 19 CFR 
159.63(e). To this extent, the submission of the certification is 
construed as an understanding and acceptance on the part of the 
domestic producer that this information will be disclosed to the 
public. Alternatively, a statement in a certification that this 
information is proprietary and exempt from disclosure will result in 
CBP's rejection of the certification.

List of Orders or Findings and Related Domestic Producers

    The list of individual antidumping duty orders or findings and 
countervailing duty orders is set forth below (following the CDSOA 
certification form), together with the affected domestic producers 
associated with each order or finding who are potentially eligible to 
receive an offset. Those domestic producers not on the list must allege 
another basis for eligibility in their certification.

    Dated: May 27, 2008.
Eugene Schied,
Assistant Commissioner, Office of Finance.
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----------------------------------------------------------------------------------------------------------------
      Commerce Case No.             Commission Case No.            Product/country       Petitioners/supporters
----------------------------------------------------------------------------------------------------------------
A-122-006....................  AA1921-49....................  Steel Jacks/Canada......  Bloomfield Manufacturing
                                                                                         (formerly Harrah
                                                                                         Manufacturing)
                                                                                        Seaburn Metal Products
A-122-047....................  AA1921-127...................  Elemental Sulphur/Canada  Duval
A-122-085....................  731-TA-3.....................  Sugar and Syrups/Canada.  Amstar Sugar
A-122-401....................  731-TA-196...................  Red Raspberries/Canada..  Northwest Food
                                                                                         Producers' Association
                                                                                        Oregon Caneberry
                                                                                         Commission
                                                                                        Rader Farms
                                                                                        Ron Roberts
                                                                                        Shuksan Frozen Food
                                                                                        Washington Red Raspberry
                                                                                         Commission
A-122-503....................  731-TA-263...................  Iron Construction         Alhambra Foundry
                                                               Castings/Canada.
                                                                                        Allegheny Foundry
                                                                                        Bingham & Taylor
                                                                                        Campbell Foundry
                                                                                        Charlotte Pipe & Foundry
                                                                                        Deeter Foundry
                                                                                        East Jordan Foundry
                                                                                        Le Baron Foundry
                                                                                        Municipal Castings
                                                                                        Neenah Foundry
                                                                                        Opelika Foundry
                                                                                        Pinkerton Foundry
                                                                                        Tyler Pipe
                                                                                        US Foundry &
                                                                                         Manufacturing
                                                                                        Vulcan Foundry
A-122-506....................  731-TA-276...................  Oil Country Tubular       CF&I Steel
                                                               Goods/Canada.
                                                                                        Copperweld Tubing
                                                                                        Cyclops
                                                                                        KPC
                                                                                        Lone Star Steel
                                                                                        LTV Steel
                                                                                        Maverick Tube
                                                                                        Quanex
                                                                                        US Steel
A-122-601....................  731-TA-312...................  Brass Sheet and Strip/    Allied Industrial
                                                               Canada.                   Workers of America
                                                                                        American Brass
                                                                                        Bridgeport Brass
                                                                                        Chase Brass & Copper
                                                                                        Hussey Copper
                                                                                        International
                                                                                         Association of
                                                                                         Machinists & Aerospace
                                                                                         Workers
                                                                                        Mechanics Educational
                                                                                         Society of America
                                                                                         (Local 56)
                                                                                        The Miller Company
                                                                                        Olin
                                                                                        Revere Copper Products
                                                                                        United Steelworkers of
                                                                                         America
A-122-605....................  731-TA-367...................  Color Picture Tubes/      Industrial Union
                                                               Canada.                   Department, AFL-CIO
                                                                                        International
                                                                                         Association of
                                                                                         Machinists & Aerospace
                                                                                         Workers
                                                                                        International
                                                                                         Brotherhood of
                                                                                         Electrical Workers
                                                                                        International Union of
                                                                                         Electronic, Electrical,
                                                                                         Technical, Salaried and
                                                                                         Machine Workers
                                                                                        Philips Electronic
                                                                                         Components Group
                                                                                        United Steelworkers of
                                                                                         America
                                                                                        Zenith Electronics
A-122-804....................  731-TA-422...................  Steel Rails/Canada......  Bethlehem Steel
                                                                                        CF&I Steel
A-122-814....................  731-TA-528...................  Pure Magnesium/Canada...  Magnesium Corporation of
                                                                                         America
A-122-822....................  731-TA-614...................  Corrosion-Resistant       Armco Steel
                                                               Carbon Steel Flat
                                                               Products/Canada.
                                                                                        Bethlehem Steel
                                                                                        California Steel
                                                                                         Industries
                                                                                        Geneva Steel
                                                                                        Gulf States Steel
                                                                                        Inland Steel Industries
                                                                                        LTV Steel
                                                                                        Lukens Steel
                                                                                        National Steel
                                                                                        Nextech
                                                                                        Rouge Steel Co
                                                                                        Sharon Steel

[[Page 31205]]

 
                                                                                        Theis Precision Steel
                                                                                        Thompson Steel
                                                                                        US Steel
                                                                                        United Steelworkers of
                                                                                         America
                                                                                        WCI Steel
                                                                                        Weirton Steel
A-122-823....................  731-TA-575...................  Cut-to-Length Carbon      Bethlehem Steel
                                                               Steel Plate/Canada.
                                                                                        California Steel
                                                                                         Industries
                                                                                        Geneva Steel
                                                                                        Gulf States Steel
                                                                                        Inland Steel Industries
                                                                                        Lukens Steel
                                                                                        National Steel
                                                                                        Nextech
                                                                                        Sharon Steel
                                                                                        Theis Precision Steel
                                                                                        Thompson Steel
                                                                                        US Steel
                                                                                        United Steelworkers of
                                                                                         America
A-122-830....................  731-TA-789...................  Stainless Steel Plate in  Allegheny Ludlum
                                                               Coils/Canada.
                                                                                        Armco Steel
                                                                                        J&L Specialty Steel
                                                                                        Lukens Steel
                                                                                        North American Stainless
A-122-838....................  731-TA-928...................  Softwood Lumber/Canada..  71 Lumber Co
                                                                                        Almond Bros Lbr Co
                                                                                        Anthony Timberlands
                                                                                        Balfour Lbr Co
                                                                                        Ball Lumber
                                                                                        Banks Lumber Company
                                                                                        Barge Forest Products Co
                                                                                        Beadles Lumber Co
                                                                                        Bearden Lumber
                                                                                        Bennett Lumber
                                                                                        Big Valley Band Mill
                                                                                        Bighorn Lumber Co Inc
                                                                                        Blue Mountain Lumber
                                                                                        Buddy Bean Lumber
                                                                                        Burgin Lumber Co Ltd
                                                                                        Burt Lumber Company
                                                                                        C&D Lumber Co
                                                                                        Ceda-Pine Veneer
                                                                                        Cersosimo Lumber Co Inc
                                                                                        Charles Ingram Lumber Co
                                                                                         Inc
                                                                                        Charleston Heart Pine
                                                                                        Chesterfield Lumber
                                                                                        Chips
                                                                                        Chocorua Valley Lumber
                                                                                         Co
                                                                                        Claude Howard Lumber
                                                                                        Clearwater Forest
                                                                                         Industries
                                                                                        CLW Inc
                                                                                        CM Tucker Lumber Corp
                                                                                        Coalition for Fair
                                                                                         Lumber Imports
                                                                                         Executive Committee
                                                                                        Cody Lumber Co
                                                                                        Collins Pine Co
                                                                                        Collums Lumber
                                                                                        Columbus Lumber Co
                                                                                        Contoocook River Lumber
                                                                                        Conway Guiteau Lumber
                                                                                        Cornwright Lumber Co
                                                                                        Crown Pacific
                                                                                        Daniels Lumber Inc
                                                                                        Dean Lumber Co Inc
                                                                                        Deltic Timber
                                                                                         Corporation
                                                                                        Devils Tower Forest
                                                                                         Products
                                                                                        DiPrizio Pine Sales
                                                                                        Dorchester Lumber Co
                                                                                        DR Johnson Lumber
                                                                                        East Brainerd Lumber Co
                                                                                        East Coast Lumber
                                                                                         Company
                                                                                        Eas-Tex Lumber
                                                                                        ECK Wood Products

[[Page 31206]]

 
                                                                                        Ellingson Lumber Co
                                                                                        Elliott Sawmilling
                                                                                        Empire Lumber Co
                                                                                        Evergreen Forest
                                                                                         Products
                                                                                        Excalibur Shelving
                                                                                         Systems Inc
                                                                                        Exley Lumber Co
                                                                                        FH Stoltze Land & Lumber
                                                                                         Co
                                                                                        FL Turlington Lbr Co Inc
                                                                                        Fleming Lumber
                                                                                        Flippo Lumber
                                                                                        Floragen Forest Products
                                                                                        Frank Lumber Co
                                                                                        Franklin Timber Co
                                                                                        Fred Tebb & Sons
                                                                                        Fremont Sawmill
                                                                                        Frontier Resources
                                                                                        Garrison Brothers Lumber
                                                                                         Co and Subsidiaries
                                                                                        Georgia Lumber
                                                                                        Gilman Building Products
                                                                                        Godfrey Lumber
                                                                                        Granite State Forest
                                                                                         Prod Inc
                                                                                        Great Western Lumber Co
                                                                                        Greenville Molding Inc
                                                                                        Griffin Lumber Company
                                                                                        Guess Brothers Lumber
                                                                                        Gulf Lumber
                                                                                        Gulf States Paper
                                                                                        Guy Bennett Lumber
                                                                                        Hampton Resources
                                                                                        Hancock Lumber
                                                                                        Hankins Inc
                                                                                        Hankins Lumber Co
                                                                                        Harrigan Lumber
                                                                                        Harwood Products
                                                                                        Haskell Lumber Inc
                                                                                        Hatfield Lumber
                                                                                        Hedstrom Lumber
                                                                                        Herrick Millwork Inc
                                                                                        HG Toler & Son Lumber Co
                                                                                         Inc
                                                                                        HG Wood Industries LLC
                                                                                        Hogan & Storey Wood Prod
                                                                                        Hogan Lumber Co
                                                                                        Hood Industries
                                                                                        HS Hofler & Sons Lumber
                                                                                         Co Inc
                                                                                        Hubbard Forest Ind Inc
                                                                                        HW Culp Lumber Co
                                                                                        Idaho Veneer Co
                                                                                        Industrial Wood Products
                                                                                        Intermountain Res LLC
                                                                                        International Paper
                                                                                        J Franklin Jones Lumber
                                                                                         Co Inc
                                                                                        Jack Batte & Sons Inc
                                                                                        Jasper Lumber Company
                                                                                        JD Martin Lumber Co
                                                                                        JE Jones Lumber Co
                                                                                        Jerry G Williams & Sons
                                                                                        JH Knighton Lumber Co
                                                                                        Johnson Lumber Company
                                                                                        Jordan Lumber & Supply
                                                                                        Joseph Timber Co
                                                                                        JP Haynes Lbr Co Inc
                                                                                        JV Wells Inc
                                                                                        JW Jones Lumber
                                                                                        Keadle Lumber
                                                                                         Enterprises
                                                                                        Keller Lumber
                                                                                        King Lumber Co
                                                                                        Konkolville Lumber
                                                                                        Langdale Forest Products
                                                                                        Laurel Lumber Company
                                                                                        Leavitt Lumber Co
                                                                                        Leesville Lumber Co
                                                                                        Limington Lumber Co
                                                                                        Longview Fibre Co

[[Page 31207]]

 
                                                                                        Lovell Lumber Co Inc
                                                                                        M Kendall Lumber Co
                                                                                        Manke Lumber Co
                                                                                        Marriner Lumber Co
                                                                                        Mason Lumber
                                                                                        MB Heath & Sons Lumber
                                                                                         Co
                                                                                        MC Dixon Lumber Co Inc
                                                                                        Mebane Lumber Co Inc
                                                                                        Metcalf Lumber Co Inc
                                                                                        Millry Mill Co Inc
                                                                                        Moose Creek Lumber Co
                                                                                        Moose River Lumber
                                                                                        Morgan Lumber Co Inc
                                                                                        Mount Yonah Lumber Co
                                                                                        Nagel Lumber
                                                                                        New Kearsarge Corp
                                                                                        New South
                                                                                        Nicolet Hardwoods
                                                                                        Nieman Sawmills SD
                                                                                        Nieman Sawmills WY
                                                                                        North Florida
                                                                                        Northern Lights Timber &
                                                                                         Lumber
                                                                                        Northern Neck Lumber Co
                                                                                        Ochoco Lumber Co
                                                                                        Olon Belcher Lumber Co
                                                                                        Owens and Hurst Lumber
                                                                                        Packaging Corp of
                                                                                         America
                                                                                        Page & Hill Forest
                                                                                         Products
                                                                                        Paper, Allied-
                                                                                         Industrial, Chemical
                                                                                         and Energy Workers
                                                                                         International Union
                                                                                        Parker Lumber
                                                                                        Pate Lumber Co Inc
                                                                                        PBS Lumber
                                                                                        Pedigo Lumber Co
                                                                                        Piedmont Hardwood Lumber
                                                                                         Co
                                                                                        Pine River Lumber Co
                                                                                        Pinecrest Lumber Co
                                                                                        Pleasant River Lumber Co
                                                                                        Pleasant Western Lumber
                                                                                         Inc
                                                                                        Plum Creek Timber
                                                                                        Pollard Lumber
                                                                                        Portac
                                                                                        Potlatch
                                                                                        Potomac Supply
                                                                                        Precision Lumber Inc
                                                                                        Pruitt Lumber Inc
                                                                                        R Leon Williams Lumber
                                                                                         Co
                                                                                        RA Yancey Lumber
                                                                                        Rajala Timber Co
                                                                                        Ralph Hamel Forest
                                                                                         Products
                                                                                        Randy D Miller Lumber
                                                                                        Rappahannock Lumber Co
                                                                                        Regulus Stud Mills Inc
                                                                                        Riley Creek Lumber
                                                                                        Roanoke Lumber Co