[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Notices]
[Pages 4702-4703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2412]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-838]


Notice of Amended Preliminary Determination of Sales at Less Than 
Fair Value: Structural Steel Beams From Taiwan

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

ACTION: Notice of amended preliminary determination of sales at less 
than fair value.

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EFFECTIVE DATE: January 31, 2002.

FOR FURTHER INFORMATION CONTACT: Kate Johnson or Rebecca Trainor, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-4929 or (202) 482-4007, 
respectively.

SUPPLEMENTARY INFORMATION: 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 citations to the Department 
of Commerce's (the 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 Taiwan to reflect the 
correction of a ministerial error made in the margin calculations in 
that determination. 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 Taiwan are being, or are likely to be, sold 
in the United States at less than fair value (66 FR 67202, December 28, 
2001).
    On December 20 and 27, 2001, we disclosed our calculations for the 
preliminary determination to counsel for Tung Ho Steel Enterprise Corp. 
(Tung Ho) and Kuei Yi Industrial Co., Ltd. (Kuei Yi), respectively. On 
January 2, 2002, we disclosed our calculations to counsel for the 
petitioners.
    On January 7, 2002, we received a submission, timely filed pursuant 
to 19 CFR 351.224(c)(2), from the petitioners alleging a ministerial 
error in the Department's preliminary determination. In their 
submission, the petitioners stated that the correction of this error 
would result in a significant change in the Department's preliminary 
determination. We did not receive ministerial error allegations from 
either respondent.

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 the petitioners' submission, we have determined 
that a ministerial error was made in the margin calculation for Kuei Yi 
in the preliminary determination. Specifically, we inadvertently failed 
to convert Kuei Yi's home market discounts and rebates into U.S. 
dollars for the calculation of home market net unit price.
    Pursuant to 19 CFR 351.224(g)(1), the ministerial error 
acknowledged above for Kuei Yi is significant because the correction of 
the ministerial error results 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 preliminary 
determination. Therefore, we have recalculated the margin for Kuei Yi. 
In addition, we have recalculated the ``All Others Rate.'' The 
Department hereby amends its preliminary determination with respect to 
Kuei Yi to correct this error.
    The revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                        margin
                                                                margin
                                                              percentage
------------------------------------------------------------------------
Kuei Yi Industrial Co., Ltd................................        34.56
All Others.................................................        25.45
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department 
will direct

[[Page 4703]]

the Customs Service to continue to suspend liquidation of all entries 
of structural steel beams from Taiwan that are entered, or withdrawn 
from warehouse, for consumption, on or after the date of publication of 
this notice in the Federal Register. The Customs Service shall continue 
to require a cash deposit or the posting of a bond equal to the 
estimated amount by which the normal value exceeds the U.S. price as 
shown above. 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 of the amended preliminary 
determination.
    This amended preliminary determination is published pursuant to 
section 777(i) of the Act and 19 CFR 351.224(e).

    Dated: January 24, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-2412 Filed 1-30-02; 8:45 am]
BILLING CODE 3510-DS-P