[Federal Register Volume 65, Number 41 (Wednesday, March 1, 2000)]
[Notices]
[Pages 11082-11083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-4906]


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INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-853-854 (Final)]


Certain Structural Steel Beams From Japan and Korea

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

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SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-853-854 (Final) 
under section 735(b) of the Act (19 U.S.C. Sec. 1673d(b)) to determine 
whether an industry in the United States is materially injured or 
threatened with material injury, or the establishment of an industry in 
the United States is materially retarded, by reason of less-than-fair-
value imports from Japan and Korea of certain structural steel beams, 
provided for in subheadings 7216.32.00, 7216.33.00, 7216.50.00, 
7216.61.00, 7216.69.00, 7216.91.00, 7216.99.00, 7228.70.30, and 
7228.70.60 of the Harmonized Tariff Schedule of the United States.\1\
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    \1\ For purposes of these investigations, Commerce has defined 
the subject merchandise as ``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 products 
(``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 products that meet the physical and metallurgical 
descriptions provided above are within the scope of these 
investigations unless otherwise excluded. The following products are 
outside and/or specifically excluded from the scope of these 
investigations: structural steel beams greater than 400 pounds per 
linear foot or with a web or section height (also known as depth) 
over 40 inches.''
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    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: February 11, 2000.

FOR FURTHER INFORMATION CONTACT: John T. Fry (202-708-4157), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW, 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov).

SUPPLEMENTARY INFORMATION:

Background

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that certain structural steel beams are being sold in the 
United States at less than fair value within the meaning of section 733 
of the Act (19 U.S.C. Sec. 1673b). The investigations were requested in 
a petition filed on July 7, 1999 by counsel on behalf of Northwestern 
Steel &: Wire Co., Sterling, IL; Nucor-Yamato Steel Co., Blytheville, 
AR; TXI-Chaparral Steel Co., Midlothian, TX; and The United 
Steelworkers of America AFL-CIO, Pittsburgh, PA.
    The petition also alleged that an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of imports from Korea of certain structural steel 
beams that were being subsidized by the Government of Korea. The 
Commission made an affirmative preliminary injury determination with 
regard to those imports. Subsequently, however, Commerce made a 
negative preliminary determination concerning whether manufacturers, 
producers, or exporters of certain structural steel beams in Korea 
received subsidies. In the event Commerce makes an affirmative final 
determination regarding the issue of subsidies, the Commission will 
activate the final phase of its countervailing duty investigation on 
certain structural steel beams from Korea (inv. No. 701-TA-401 
(Final)). The briefing schedule, hearing, and other deadlines 
applicable to the final phase of inv. No. 731-TA-854 (the antidumping 
investigation on Korea), as outlined below, will also apply to inv. No. 
701-TA-401.

Participation in the Investigations and Public Service List

    Persons, including industrial users of the subject merchandise and, 
if the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as

[[Page 11083]]

provided in section 201.11 of the Commission's rules, no later than 21 
days prior to the hearing date specified in this notice. A party that 
filed a notice of appearance during the preliminary phase of the 
investigations need not file an additional notice of appearance during 
this final phase. The Secretary will maintain a public service list 
containing the names and addresses of all persons, or their 
representatives, who are parties to the investigations.

Limited Disclosure of Business Proprietary Information (BPI) Under 
an Administrative Protective Order (APO) and BPI Service List

    Pursuant to section 207.7(a) of the Commission's rules, the 
Secretary will make BPI gathered in the final phase of these 
investigations available to authorized applicants under the APO issued 
in the investigations, provided that the application is made no later 
than 21 days prior to the hearing date specified in this notice. 
Authorized applicants must represent interested parties, as defined by 
19 U.S.C. Sec. 1677(9), who are parties to the investigations. A party 
granted access to BPI in the preliminary phase of the investigations 
need not reapply for such access. A separate service list will be 
maintained by the Secretary for those parties authorized to receive BPI 
under the APO.

Staff Report

    The prehearing staff report in the final phase of these 
investigations will be placed in the nonpublic record on April 12, 
2000, and a public version will be issued thereafter, pursuant to 
section 207.22 of the Commission's rules.

Hearing

    The Commission will hold a hearing in connection with the final 
phase of these investigations beginning at 9:30 a.m. on April 25, 2000, 
at the U.S. International Trade Commission Building. Requests to appear 
at the hearing should be filed in writing with the Secretary to the 
Commission on or before April 13. A nonparty who has testimony that may 
aid the Commission's deliberations may request permission to present a 
short statement at the hearing. All parties and nonparties desiring to 
appear at the hearing and make oral presentations should attend a 
prehearing conference to be held at 9:30 a.m. on April 17, at the U.S. 
International Trade Commission Building. Oral testimony and written 
materials to be submitted at the public hearing are governed by 
sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of section 207.23 of the Commission's rules; the deadline 
for filing is April 19, 2000. Parties may also file written testimony 
in connection with their presentation at the hearing, as provided in 
section 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of section 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is May 2; witness 
testimony must be filed no later than three days before the hearing. In 
addition, any person who has not entered an appearance as a party to 
the investigations may submit a written statement of information 
pertinent to the subject of the investigations on or before May 2. On 
May 24, the Commission will make available to parties all information 
on which they have not had an opportunity to comment. Parties may 
submit final comments on this information on or before May 26, but such 
final comments must not contain new factual information and must 
otherwise comply with section 207.30 of the Commission's rules. Parties 
may also submit supplementary final comments on July 6 pertaining to 
Commerce's final determination(s) on certain structural steel beams 
from Korea. All written submissions must conform with the provisions of 
section 201.8 of the Commission's rules; any submissions that contain 
BPI must also conform with the requirements of sections 201.6, 207.3, 
and 207.7 of the Commission's rules. The Commission's rules do not 
authorize filing of submissions with the Secretary by facsimile or 
electronic means.
    In accordance with sections 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to section 207.21 of the Commission's rules.

    Issued: February 25, 2000.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 00-4906 Filed 2-29-00; 8:45 am]
BILLING CODE 7020-02-P