[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Notices]
[Pages 4701-4702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2411]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-423-810]


Notice of Amended Preliminary Determination of Sales at Not Less 
Than Fair Value and Postponement of Final Determination: Structural 
Steel Beams From Luxembourg

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

ACTION: Notice of amended preliminary determination of sales at not 
less than fair value.

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EFFECTIVE DATE: January 31, 2002.

FOR FURTHER INFORMATION CONTACT: David J. Goldberger or Margarita 
Panayi, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4136 or (202) 482-0049, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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 to the Department of 
Commerce's (``Department's'') regulations are references to 19 CFR part 
351 (April 2001).

Amended Preliminary Determination

    We are amending the preliminary determination of sales at less than 
fair value for structural steel beams from Luxembourg to reflect the 
correction of ministerial errors made in the margin calculations in 
that determination. Correcting these errors results in an amended 
preliminary determination that sales were made at not less than fair 
value. We are publishing this amendment to the preliminary 
determination pursuant to 19 CFR 351.224(e).

Case History

    On December 19, 2001, the Department preliminarily determined that 
structural steel beams from Luxembourg are being, or are likely to be, 
sold in the United States at less than fair value (63 FR 67223; 
December 28, 2001).
    On January 2, 2002, we disclosed our calculations for the 
preliminary determination to counsel for ProfilARBED, S.A. 
(``ProfilaRBED'') and to counsel for petitioners.
    On January 7, 2002, we received a submission, timely filed pursuant 
to 19 CFR 351.224(c)(2), from ProfilARBED alleging ministerial errors 
in the Department's preliminary determination. In its submission, 
ProfilARBED requested that these errors be corrected and an amended 
preliminary determination be issued reflecting these changes. We did 
not receive ministerial error allegations from the petitioners.

Amendment of Preliminary Determination

    The Department's regulations provide that the Department will 
correct any significant ministerial error by amending the preliminary 
determination. See 19 CFR 351.224(e). A significant ministerial error 
is an error the correction of which, either singly or in combination 
with other errors: (1) Would result in a change of at least five 
absolute percentage points in, but not less than 25 percent of, the 
weighted-average dumping margin calculated in the original (erroneous) 
preliminary determination; or (2) would result in a difference between 
a weighted-average dumping margin of zero (or de minimis) and a 
weighted-average dumping margin of greater than de minimis, or vice 
versa. See 19 CFR 351.224(g).
    After analyzing ProfilARBED's submission, we have determined that 
ministerial errors were made in the margin calculation for ProfilARBED 
in the preliminary determination. Specifically, (1) We inadvertently 
included imputed inventory carrying expenses in the calculation of the 
constructed export price (CEP) profit rate; (2) we inadvertently 
allocated CEP profit to indirect selling expenses and inventory 
carrying expenses incurred abroad; (3) we inadvertently deducted from 
CEP indirect selling expenses and inventory carrying expenses incurred 
abroad; (4) we did not apply an adjustment to the calculation of the 
variable cost of manufacturing in the third country market as discussed 
in the December 19, 2001, memorandum from the Office of Accounting; and 
(5) we inadvertently omitted billing adjustments from the calculation 
of the net third country market price used for normal value. See 
Memorandum to Louis Apple from The Team, dated January 16, 2002, for 
further discussion of ProfilARBED's ministerial errors allegations and 
the Department's analysis.
    Pursuant to 19 CFR 351.224(g)(2), the ministerial errors 
acknowledged above for ProfilARBED are significant because the 
correction of the ministerial errors results in a difference between a 
weighted-average dumping margin of greater than de minimis and a 
weighted-average dumping margin of de minimis. Therefore, we have 
recalculated the margin for ProfilARBED. The Department hereby amends 
its preliminary determination with respect to ProfilARBED to correct 
these errors. In addition, as ProfilARBED is the sole respondent in 
this investigation, this preliminary determination is negative. 
Accordingly, we are terminating

[[Page 4702]]

suspension of liquidation of all entries of subject merchandise.
    The revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                               Weighted-average margin
           Exporter/manufacturer                     percentage
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ProfilARBED...............................  1.43 (de minimis)
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Postponement of Final Determination

    Pursuant to section 735(a)(2)(B) of the Act, on December 18, 2001, 
the petitioners requested that, in the event of a negative preliminary 
determination in this investigation, the Department postpone its final 
determination until not later than 135 days after the date of the 
publication of the preliminary determination in the Federal Register. 
In accordance with 19 CFR 351.210(b)(i), because our amended 
preliminary determination is negative and no compelling reasons for 
denial exist, we are granting the petitioners' request and are 
postponing the final determination until no later than 135 days after 
the publication of the Department's original preliminary determination 
notice in the Federal Register on December 28, 2002.

Suspension of Liquidation

    We will instruct the Customs Service to terminate the suspension of 
liquidation of all entries of structural steel beams from Luxembourg, 
including those entries exported by ProfilARBED, and release any cash 
deposits, bonds, or other securities posted. These instructions will 
remain in effect until further notice.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
International Trade Commission (``ITC'') of the amended preliminary 
determination. As a result of this amended preliminary determination, 
if our final determination is affirmative, the ITC will determine 
within 75 days, rather than 45 days, of our final determination whether 
these imports are materially injuring, or threaten material injury to, 
the U.S. industry.
    This amended preliminary determination is published pursuant to 
section 777(i)(1) of the Act and 19 CFR 351.224(e).

    Dated: January 24, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-2411 Filed 1-30-02; 8:45 am]
BILLING CODE 3510-DS-P