[Federal Register Volume 65, Number 161 (Friday, August 18, 2000)]
[Notices]
[Pages 50501-50502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21107]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-841]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Structural Steel Beams From South Korea

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

ACTION: Amended final determination of antidumping duty investigation.

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SUMMARY: On July 5, 2000, the Department of Commerce (``the 
Department'') published the final determination of its antidumping duty 
investigation of structural steel beams (``SSB'') from Korea (65 FR 
41439). This investigation covers two respondents, Inchon Iron and 
Steel Co., Ltd. (``Inchon'') and Kangwon Industries, Ltd. 
(``Kangwon'').
    Inchon and Kangwon submitted ministerial error allegations on July 
6, 2000 with respect to the final determination. Petitioners also 
submitted allegations of ministerial errors on July 7, 2000. Inchon 
replied to petitioners allegations on July 11, 2000. Based on the 
correction of certain of these ministerial errors made in the final 
determination, we are amending our final determination.

EFFECTIVE DATE: August 18, 2000.

FOR FURTHER INFORMATION CONTACT: Brandon Farlander (Inchon), Laurel 
LaCivita (Kangwon) or Rick Johnson, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-0182 (Farlander), (202) 482-4243 (LaCivita) or 
(202) 482-3818 (Johnson).

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. In addition, unless otherwise 
indicated, all references to the Department's regulations are to the 
regulations set forth at 19 CFR part 351 (1998).

Scope of the Investigation

    The products covered by this investigation 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 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.

Amended Final Determination

    On July 5, 2000, the Department published the final determination 
of its antidumping duty investigation of SSBs from Korea (65 FR 41439), 
which was signed on June 26, 2000. In accordance with 19 CFR 
351.224(c), respondents (Inchon and Kangwon) and petitioners submitted 
ministerial error allegations on July 6, 2000 and July 7, 2000, 
respectively. Respondents replied to petitioners' allegations on July 
11, 2000. Based on the correction of certain of these ministerial 
errors made in the final determination, we are amending our final 
determination for both respondents.
    Inchon alleges four ministerial errors that we agree with, two 
pertaining to Kangwon and two pertaining to Inchon. Specifically, for 
Kangwon, we agree that: (1) We inadvertently deducted the wrong amount 
for amortization of gain on exemption of debt; and (2) we inadvertently 
amortized foreign exchange transaction losses in the interest expense 
ratio calculation. For Inchon, we agree that: (1) We inadvertently 
relied on the reported cost of manufacture for the U.S. cost of 
production, rather than the cost of manufacture as adjusted elsewhere 
in the Department's SAS programs; and (2) we inadvertently used the 
relative quantity of an input purchased from affiliates to identify the 
portion of the input which required an adjustment and then applied this 
adjustment to a certain cost, which is a value. For a further 
discussion of these issues, see

[[Page 50502]]

Ministerial Error Memorandum for the Amended Final Determination of 
Sales at Less Than Fair Value: Structural Steel Beams from Korea 
(``Ministerial Error Memo''), dated August 11, 2000.
    We disagree with respect to the following alleged ministerial 
errors: (1) Petitioners' allegation that the Department's calculations 
of general and administrative (``G&A'') and interest expense do not 
reflect the revised total cost of manufacturing or revised total cost 
of manufacturing for constructed value; (2) Inchon's allegation that 
the Department's treatment of interest revenue as an offset to credit 
expense is an error and that, instead, interest revenue should be 
treated as a revenue field in the calculation of CEP profit. For a 
further discussion, see the Ministerial Error Memo. Thus, we did not 
make any adjustments for these alleged errors in the amended final 
determination.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B)(ii) of the Act, we are 
directing the U.S. Customs Service (``Customs'') to suspend liquidation 
of all imports of subject merchandise from South Korea that are 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication of this notice in the Federal Register. Customs 
shall require a cash deposit or the posting of a bond equal to the 
weighted-average amount by which the normal value (``NV'') exceeds the 
U.S. price (either export price (``EP'') and or constructed export 
price (``CEP'') as indicated in the chart below. These suspension of 
liquidation instructions will remain in effect until further notice.
    Article VI.5 of the General Agreement on Tariffs and Trade (GATT 
1994) provides that ``[n]o product * * * shall be subject to both 
antidumping and countervailing duties to compensate for the same 
situation of dumping or export subsidization.'' This provision is 
implemented in section 772(c)(1)(C) of the Tariff Act. Since 
antidumping duties cannot be assessed on the portion of the margin 
attributed to export subsidies there is no reason to require a cash 
deposit or bond for that amount. The Department has determined in its 
concurrent countervailing duty investigation for structural steel beams 
from Korea that the product under investigation benefitted from export 
subsidies. Normally, where the product under investigation is also 
subject to a concurrent countervailing duty investigation, we instruct 
the Customs Service to require a cash deposit or posting of a bond 
equal to the weighted-average amount by which the NV exceeds the EP, as 
indicated below, minus the amount determined to constitute an export 
subsidy. See, e.g. Notice of Antidumping Duty Order: Stainless Steel 
Wire Rod From Italy, 63 FR 49327, 49327 (September 15, 1998). 
Accordingly, for cash deposit purposes we are subtracting from 
Kangwon's cash deposit rate that portion of the rate attributable to 
the export subsidies found in the countervailing duty investigation 
involving Kangwon (i.e., 0.09 percent). We have made the same 
adjustment to the ``All Others'' cash deposit rate by subtracting the 
rate attributable to export subsidies found in the countervailing duty 
investigation of Kangwon.
    We will instruct the Customs Service to require a cash deposit or 
the posting of a bond for each entry equal to the weighted-average 
amount by which the NV exceeds the EP or CEP, adjusting for the export 
subsidy rate, as indicated below. These suspension-of-liquidation 
instructions will remain in effect until further notice. The final 
amended weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                               Bonding/
                                                 Weighted-       cash
             Exporter/manufacturer                average      deposit
                                                   margin        rate
                                                 (percent)    (percent)
------------------------------------------------------------------------
Inchon........................................        25.31        25.31
Kangwon.......................................        49.01        48.92
All others....................................        37.25        37.21
------------------------------------------------------------------------

    The rate for all other producers and exporters applies to all 
entries of the subject merchandise except for entries from exporters 
that are identified individually above.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
U.S. International Trade Commission (``ITC'') of our amended final 
determination.
    This amended final determination is issued and published in 
accordance with section 735(d) and 777(i)(1) of the Act.

    Dated: August 10, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-21107 Filed 8-17-00; 8:45 am]
BILLING CODE 3510-DS-P