[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Notices]
[Pages 49929-49930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24506]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-841]


Structural Steel Beams from the Republic of Korea: Notice of 
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 
Administrative Review.

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SUMMARY: On August 6, 2001, the Department of Commerce (``Department'') 
received a letter on behalf of the INI Steel Company (``INI''), 
formerly Inchon Iron and Steel Co., Ltd. (``Inchon''), notifying the 
Department that Inchon's corporate name has changed to INI Steel 
Company. INI requests that the Department initiate a changed 
circumstance administrative review to confirm that INI is the 
successor-in-interest to Inchon.

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Cheryl Werner or Rick Johnson, Import 
Adminstration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-2667 and (202) 482-3818, respectively.

SUPPLEMENTARY INFORMATION:

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 (``the Act'') by 
the Uruguay Round Agreements Act (``URAA''). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations at 19 CFR part 351 (2001).

Background

    In an August 6, 2001, letter to the Department, INI Steel Company, 
formerly Inchon Iron and Steel Co., Ltd., notified the Department that 
as of August 1, 2001, Inchon's corporate name had changed to INI Steel 
Company. INI stated that its owners, management structure, production 
facilities, supplier relationships and customer base are to remain 
unchanged and unaffected by the adoption of the new corporate name. INI 
provided documentation to support this claim consisting of: the minutes 
of Inchon's July 27, 2001 shareholders' meeting where the name change 
was approved; the Inchon District Court's official certification of the 
name change registered on July 31, 2001; and INI's Business 
Registration Certificate issued on August 1, 2001 by the Inchon Tax 
Office.

Scope of the Review

    The products covered by this review include structural steel beams 
that 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 subjeadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise under investigation is dispositive.

Initiation of Changed Circumstance AD Review

    At the request of INI, and in accordance with sections 751(b)(1) of 
the Act, and Sec. 351.216 of the Department's regulations, the 
Department is initiating a changed circumstance review of stainless 
steel sheet and strip in coils from Korea to determine whether INI is 
the successor-in-interest to Inchon Iron and Steel, Co., Ltd. In making 
successor-in-interest determinations, the Department examines several 
factors including, but not limited to, changes in: (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, 20461 (May 13, 
1992). While no single factor, or combination of factors, will 
necessarily be dispositive, the Department will generally consider the 
new company to be the successor to its predecessor company if the 
resulting operations are essentially the same as the predecessor 
company. See e.g., id. and Industrial Phosphoric Acid from Israel; 
Final Results of Changed Circumstances Review, 59 FR 6944, 6945 
(February 14, 1994). Thus, if the evidence demonstrates that, with 
respect to the production and sale of the subject merchandise, the new 
company operates as the same business entity as its predecessor, the 
Department will treat the new company as the successor-in-interest to 
the predecessor.
    The information submitted by INI shows changed circumstances 
sufficient to warrant a review under 19 CFR 351.216. 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 in accordance 
with the time limitations set forth in 19 CFR

[[Page 49930]]

351.216(e). 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, we will not 
change any cash deposit instructions on the merchandise subject to this 
changed circumstances review, unless a change it determined to be 
warranted pursuant to the final results of this review.
    This notice is in accordance with section 751(b)(1) of the Act and 
19 CFR 351.216 and 351.221.

    Dated: September 24, 2001.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 01-24506 Filed 9-28-01; 8:45 am]
BILLING CODE 3510-DS-P