[Federal Register Volume 65, Number 180 (Friday, September 15, 2000)]
[Notices]
[Pages 55944-55945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23796]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-841]


Structural Steel Beams From Korea: Initiation of Changed 
Circumstances Antidumping Duty Administrative Review

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

ACTION: Notice of Initiation of Changed Circumstances Antidumping Duty 
Review.

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SUMMARY: In accordance with 19 CFR 351.216(b), Northwestern Steel & 
Wire Company, Nucor-Yamato Steel Company, and TXI-Chaparral Steel, Inc. 
(``Petitioners''), interested parties in this proceeding and the 
petitioners in the less-than-fair value investigation of structural 
steel beams from Korea, requested a changed circumstances review. In 
response to this request, the Department of Commerce is initiating a 
changed circumstances review on structural steel beams from Korea.

EFFECTIVE DATE: September 15, 2000.

FOR FURTHER INFORMATION CONTACT: Stephen Shin or Laurel LaCivita, 
Office of AD/CVD Enforcement Group III, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street and Constitution Avenue, N.W., Washington, D.C. 20230; 
telephone: (202) 482-0413 or (202) 482-4243, respectively.

The 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

[[Page 55945]]

to the Department of Commerce's (``the Department's'') regulations are 
to the regulations at 19 CFR Part 351 (1999).

SUPPLEMENTARY INFORMATION:

Background

    On July, 5 2000, the Department published the final determination 
of sales at less than fair value of structural steel beams from Korea. 
See Final Determination of Sales at Less Than Fair Value: Structural 
Steel Beams from Korea, 65 FR 41437 (July 5, 2000) (as amended 65 FR 
50501 (August 18, 2000)) (``Final Determination''). On August 18, 2000, 
the Department published the antidumping duty order on this product. 
See Structural Steel Beams from Korea: Notice of Antidumping Duty Order 
65 FR 50502 (August 18, 2000). In an August 30, 2000 letter to the 
Department, petitioners requested that the Department conduct a changed 
circumstances review pursuant to section 751(b)(1) of the Act. 
Petitioners state that Inchon Iron & Steel Co. Ltd. (``Inchon'') and 
Kangwon Industries, Ltd. (``Kangwon''), respondents in the original 
investigation in the above-mentioned proceeding, completed a merger of 
their steel-making operations during the Department's antidumping duty 
investigation, but subsequent to the period of investigation. 
Petitioners state that the newly formed company is the successor-in-
interest to Inchon and Kangwon, and hence, should be subject to a new 
duty deposit rate.

Scope of Review

    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.

Initiation of Antidumping Duty Changed-Circumstances Review

    Pursuant to section 751(b)(1) of the Act, the Department will 
conduct a changed circumstances review upon receipt of information 
concerning, or a request from an interested party of, an antidumping 
duty order which shows changed circumstances sufficient to warrant a 
review of the order.
    In its request for a changed circumstances review, petitioners 
indicate that the newly formed corporation is the successor in interest 
to Inchon and Kangwon due to the merger of their operations. In 
addition, the Department noted in its Issues and Decision Memorandum 
that accompanied the Final Determination that ``Since the merger 
between Inchon and Kangwon took place after the POI, and after the 
preliminary determination in this investigation, the Department has not 
addressed the issue of successorship at this time * * * however, in 
light of the information obtained in this investigation regarding the 
issue of successorship, we would consider a request for a changed 
circumstances review in the event that an antidumping order is issued 
in this case.'' See the Issues and Decision Memorandum at Comment 29, 
which accompanied the Final Determination. Because deposit rates 
established in an investigation are company-specific, and because the 
merger raises the question of whether the deposit rates set in the 
investigation are appropriate given the merger of operations between 
Inchon and Kangwon, we find good cause to conduct a changed 
circumstances review. See 19 CFR 351.216(c). Therefore, in accordance 
with section 751(b)(1) of the Act and 19 CFR 351.216(b) and 
351.221(b)(1), we are initiating a changed circumstances review based 
upon the information contained in petitioners' August 30, 2000 request 
for this review.
    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, the following 
changes: (1) Management; (2) production facilities; (3) supplier 
relationships; and (4) customer base. See, e.g., Brass Sheet and Strip 
from Canada; Final Results of Antidumping Duty Administrative Review, 
57 FR 20460 (May 13, 1992) (Canadian Brass). Although petitioners claim 
that the newly merged company is the successor-in-interest, petitioners 
have not, at this stage, provided any supporting documentation relevant 
to the factors described above. Therefore, we will consider additional 
information concerning Inchon's and Kangwon's merger.
    We will publish in the Federal Register a notice of preliminary 
results of antidumping duty changed circumstances review, in accordance 
with 19 CFR 351.221(b)(4) and 351.221(c)(3)(i), which will set forth 
the factual and legal conclusions upon which our preliminary results 
are based and a description of any action proposed based on those 
results. As per 351.221(b)(4), interested parties will have an 
opportunity to comment. The Department will issue its final results of 
review not later than 270 days after publication of this notice of 
initiation. All written comments must be submitted to the Department 
and served on all interested parties on the Department's service list 
in accordance with 19 CFR 351.303.
    During the course of this changed circumstances review, the current 
requirement for a cash deposit of estimated antidumping duties on all 
subject merchandise, including the merchandise subject to this changed-
circumstances review, will continue unless and until it is modified 
pursuant to the final results of this changed circumstances review.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.221.

Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
[FR Doc. 00-23796 Filed 9-14-00; 8:45 am]
BILLING CODE 3510-DS-P