[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Notices]
[Pages 24182-24184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10299]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-852]


Notice of Final Determination of Sales at Less Than Fair Value: 
Structural Steel Beams From Japan

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

EFFECTIVE DATE: April 25, 2000.

FOR FURTHER INFORMATION CONTACT: Juanita H. Chen or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue, N.W., Washington, DC 
20230; telephone 202-482-0409 and 202-482-3434, respectively.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (``Act'') by the 
Uruguay Round Agreements Act (``URAA''). In addition, unless otherwise 
indicated, all citations to the

[[Page 24183]]

Department regulations are to the regulations at 19 CFR Part 351 (April 
1999).

Final Determination

    We determine that Structural Steel Beams (``Structurals'') from 
Japan are being, or are likely to be, sold in the United States at less 
than fair value (``LTFV''), as provided in Section 735 of the Act. The 
estimated margins are shown in the ``Continuation of Suspension of 
Liquidation'' section of this notice.

Case History

    On February 11, 2000, we published in the Federal Register the 
preliminary determination in this investigation. See Notice of 
Preliminary Determination of Sales at Less Than Fair Value: Structural 
Steel Beams from Japan, 65 FR 6992 (February 11, 2000) (``Preliminary 
Determination''). No interested parties have filed case briefs or 
rebuttal briefs on the Preliminary Determination and no request for a 
hearing has been received by the Department.

Scope of Investigation

    For purposes of this investigation, the products covered are 
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 this investigation unless 
otherwise excluded. The following products, are outside and/or 
specifically excluded from the scope of this investigation:
     Structural steel beams greater than 400 pounds per linear 
foot or with a web or section height (also known as depth) over 40 
inches.
    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, 7228.70.6000. Although the HTSUS subheadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise under investigation is dispositive.

Period of Investigation

    The period of investigation (``POI'') is July 1, 1998 through June 
30, 1999.

Facts Available

    In the Preliminary Determination, the Department based the dumping 
margins for respondents Kawasaki Steel Corporation, Nippon Steel 
Corporation, NKK Corporation/Toa Steel Co., Ltd., and Sumitomo Metals 
Industries, Ltd., on facts otherwise available under Section 
776(a)(2)(A) of the Act because these respondents failed to participate 
in the investigation and failed to provide information requested by the 
Department needed to calculate a dumping margin as detailed in the 
Preliminary Determination. The Department based the dumping margins for 
respondent Tokyo Steel Manufacturing Co., Ltd. on facts otherwise 
available under Section 776(a)(2)(B) of the Act because this respondent 
failed to provide the information requested by the Department in the 
form or manner requested as detailed in the Preliminary Determination. 
The Department based the dumping margins for respondent Topy 
Industries, Limited, on facts otherwise available under Section 
776(a)(2)(A) of the Act because this respondent only provided 
information responding to Section A of the Department's antidumping 
questionnaire and failed to provide any other information requested by 
the Department needed to calculate a dumping margin as detailed in the 
Preliminary Determination.
    In selecting from among the facts otherwise available, section 
776(b) of the Act provides that adverse inferences may be used when a 
party fails to cooperate by not acting to the best of its ability to 
comply with the Department's requests for information. As detailed in 
the Preliminary Determination, the Department has determined that the 
use of adverse inferences is warranted for all respondents because all 
respondents have failed to cooperate to the best of their abilities in 
this investigation.
    Further, section 776(b) of the Act states that an adverse inference 
may include reliance on information derived from the petition or any 
other information placed on the record. See also ``Statement of 
Administrative Action'' (``SAA'') accompanying the URAA, H.R. Rep. No. 
103-316, 829-831 (1994). Pursuant to Section 776(b) of the Act, the 
Department applied the highest margin calculated from the information 
placed on the record by petitioners on August 13, 1999 and November 12, 
1999. We continue to find this margin corroborated, pursuant to Section 
776(c) of the Act, for the reasons discussed in the Preliminary 
Determination. No interested parties have objected to the use of 
adverse facts available for the mandatory respondents in this 
investigation, nor to the Department's choice of facts available. 
Furthermore, the Department has received no request for a hearing in 
this investigation. Accordingly, for its final determination, the 
Department is continuing use of the highest margin alleged by 
petitioners for all non-responding mandatory respondents in this 
investigation.

The All-Others Rate

    No interested parties have filed case briefs or rebuttal briefs on 
this issue. Accordingly, the Department is continuing to base the 
``all-others'' rate on the simple average of margins submitted to the 
record by petitioners on August 13, 1999 and November 12, 1999 which is 
31.98 percent, for the reasons discussed in the Preliminary 
Determination.

Continuation of Suspension of Liquidation

    In accordance with Section 735(c)(1)(B) of the Act, we are 
directing the U.S. Customs Service (``Customs'') to continue to suspend 
liquidation of all entries of subject merchandise from Japan that are 
entered, or withdrawn from warehouse, for consumption on or after 
February 11, 2000, the date of publication of the Preliminary 
Determination in the Federal Register.
    We will instruct Customs to require a cash deposit or posting of a 
bond for each entry equal to the margins shown below. These suspension 
of liquidation instructions will remain in effect until further notice. 
The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                             Weighted-
                  Exporter/manufacturer                   average margin
                                                           (percentage)
------------------------------------------------------------------------
Kawasaki Steel Corporation..............................           65.21
Nippon Steel Corporation................................           65.21
NKK Corporation/Toa Steel Co., Ltd......................           65.21
Sumitomo Metals Industries, Ltd.........................           65.21
Tokyo Steel Manufacturing Co., Ltd......................           65.21
Topy Industries, Limited................................           65.21
All Others..............................................           31.98
------------------------------------------------------------------------

ITC Notification

    In accordance with Section 735(d) of the Act, we have notified the 
International Trade Commission (``ITC'') of our determination. As our 
final

[[Page 24184]]

determination is affirmative, the ITC will, within 45 days, determine 
whether these imports are materially injuring, or threaten material 
injury to, the U.S. industry. If the ITC determines that material 
injury, or threat of material injury does not exist, the proceeding 
will be terminated and all securities posted will be refunded or 
canceled. If the ITC determines that such injury does exist, the 
Department will issue an antidumping duty order directing Customs 
officials to assess antidumping duties on all imports of the subject 
merchandise entered, or withdrawn from warehouse, for consumption on or 
after the effective date of the suspension of liquidation.
    This determination is issued and published in accordance with 
Sections 735(d) and 777(i)(1) of the Act.

    Dated: April 14, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-10299 Filed 4-24-00; 8:45 am]
BILLING CODE 3510-DS-P