[Federal Register Volume 67, Number 116 (Monday, June 17, 2002)]
[Notices]
[Page 41218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15206]
[[Page 41218]]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-423-810]
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Structural Steel Beams from Luxembourg
AGENCY: Import Administration, International Trade Administration, U.S.
Department of Commerce.
ACTION: Notice of Amended Final Determination of Sales at Less Than
Fair Value.
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EFFECTIVE DATE: June 17, 2002.
FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Margarita
Panayi, Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-0049,
respectively.
SUPPLEMENTARY INFORMATION:
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act (``URAA''). In addition,
unless otherwise indicated, all citations to the Department of
Commerce's (``Department's'') regulations are references to 19 CFR Part
351 (April 2001).
Scope of the Investigation
The scope of this investigation covers doubly-symmetric shapes,
whether hot-or cold-rolled, drawn, extruded, formed or finished, having
at least one dimension of at least 80 mm (3.2 inches or more), whether
of carbon or alloy (other than stainless) steel, and whether or not
drilled, punched, notched, painted, coated, or clad. These structural
steel beams include, but are not limited to, wide-flange beams (``W''
shapes), bearing piles (``HP'' shapes), standard beams (``S'' or ``I''
shapes), and M-shapes. All the products that meet the physical and
metallurgical descriptions provided above are within the scope of this
investigation unless otherwise excluded. The following products are
outside and/or specifically excluded from the scope of this
investigation: (1) Structural steel beams greater than 400 pounds per
linear foot, (2) structural steel beams that have a web or section
height (also known as depth) over 40 inches, and (3) structural steel
beams that have additional weldments, connectors, or attachments to I-
sections, H-sections, or pilings; however, if the only additional
weldment, connector or attachment on the beam is a shipping brace
attached to maintain stability during transportation, the beam is not
removed from the scope definition by reason of such additional
weldment, connector, or attachment.
The merchandise subject to this investigation is classified in the
Harmonized Tariff Schedule of the United States (``HTSUS'') at
subheadings 7216.32.0000, 7216.33.0030, 7216.33.0060, 7216.33.0090,
7216.50.0000, 7216.61.0000, 7216.69.0000, 7216.91.0000, 7216.99.0000,
7228.70.3040, and 7228.70.6000. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the merchandise under investigation is dispositive.
Amendment of Final Determination
In accordance with section 735(a) of the Act, on May 20, 2002, the
Department published the final determination in the less-than-fair-
value (LTFV) investigation on structural steel beams from Luxembourg.
See Notice of Final Determination of Sales at Less Than Fair Value:
Structural Steel Beams from Luxembourg, 67 FR 35488. On May 22, 2002,
we received a submission, timely filed pursuant to 19 CFR
351.224(c)(2), from the respondent, ProfilARBED, S.A. (ProfilARBED),
alleging ministerial errors in the Department's final determination
with respect to the application of facts available for the ocean
freight expense on U.S. sales, the revision of the date of sale for
certain U.S. sales, and the failure to convert the normal value to U.S.
dollars in the margin calculation programming. On May 28, 2002, the
petitioners\1\ submitted comments with respect to ProfilARBED's claim
regarding ocean freight.
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\1\ The petitioners in this investigation are the Committee for
Fair Beam Imports and its individual members, Northwestern Steel and
Wire Company, Nucor Corporation, Nucor-Yamato Steel Company, and
TXI-Chaparral Steel Company, domestic manufacturers of Structural
Steel Beams.
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After analyzing ProfilARBED's submission, we agree that the
Department made ministerial errors by (1) incorrectly revising the date
of sale to U.S. sales made from a warehouse, and (2) failing to convert
the third country normal value from Euros to U.S. dollars before making
the CEP offset and calculating the per-unit dumping margin. With
respect to the first allegation concerning ocean freight expense, we
have determined that there was no ministerial error in either the
Department's decision to apply facts available to the ocean freight
expense, or in selecting the facts available rate for the expense. See
Memorandum to Richard Moreland from The Team, dated June 5, 2002, for
further discussion of ProfilARBED's ministerial errors allegations and
the Department's analysis.
Therefore, in accordance with 19 CFR 351.224(e), we are amending
the final determination in the LTFV investigation on structural steel
beams from Luxembourg.
The revised weighted-average dumping margin is as follows:
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Weighted-Average
Exporter/Manufacturer Margin Percentage
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ProfilARBED.......................................... 6.14
All Others........................................... 6.14
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In accordance with section 735(c)(5)(A), we have based the ``all
others'' rate on the dumping margin found for the sole producer/
exporter investigated in this proceeding, ProfilARBED.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are
directing the United States Customs Service to continue suspending
liquidation on all imports of the subject merchandise from Luxembourg.
Customs shall require a cash deposit or the posting of a bond equal to
the weighted-average margin shown above. The suspension of liquidation
instructions will remain in effect until further notice.
International Trade Commission Notification
In accordance with section 735(d) of the Act, we have notified the
International Trade Commission of our amended final determination.
This investigation and notice are in accordance with sections
735(d) and 777(i)(1) of the Act.
DATED: June 7, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-15206 Filed 6-14-02; 8:45 am]
BILLING CODE 3510-DS-S