[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Notices]
[Pages 4703-4704]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2413]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-428-831]


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

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

ACTION: Notice of amended preliminary antidumping duty determination of 
sales at less than fair value: structural steel beams from Germany.

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EFFECTIVE DATE: January 31, 2002.

FOR FURTHER INFORMATION CONTACT: Thomas Schauer or Edythe Artman, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-0410 or (202) 482-3931, 
respectively.

The 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 of Commerce's (the 
Department's) regulations are to the provisions codified at 19 CFR part 
351 (2001).

Significant Ministerial Error

    The Department of Commerce (the Department) is amending the 
preliminary determination of sales at less than fair value in the 
antidumping duty investigation of structural steel beams from Germany 
to reflect the correction of a significant ministerial error made in 
the margin calculations regarding Stahlwerk Thuringen GmbH (``SWT'') in 
that determination, pursuant to 19 CFR 341.224(g)(1) and (g)(2). A 
ministerial error is defined as an error in addition, subtraction, or 
other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like, and any other similar type of 
unintentional error which the Secretary considers ministerial. See 19 
CFR 351.224(f). A significant ministerial error is defined as an error, 
the correction of which, singly or in combination with other errors, 
would result in (1) 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) 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). In this 
case, correction of the ministerial error results in SWT's margin 
becoming de minimis. We are publishing this amendment to the 
preliminary determination pursuant to 19 CFR 351.224(e). As a result of 
this amended preliminary determination, we have revised the antidumping 
rates for one respondent, SWT.

Scope of Investigation

    The scope of this investigation covers 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 structural 
steel beams 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 the 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: (1) Structural steel beams greater than 400 pounds per 
linear foot, (2) structural steel beams that have a web or section 
height (also known as depth) over 40 inches, and (3) structural steel 
beams that have additional weldments, connectors or attachments to I-
sections, H-sections, or pilings; however, if the only additional 
weldment, connector or attachment on the beam is a shipping brace 
attached to maintain stability during transportation, the beam is not 
removed from the scope definition by reason of such additional 
weldment, connector or attachment.
    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, and 7228.70.6000. Although the HTSUS subheadings are 
provided for convenience and customs purposes, the written description 
of the merchandise under investigation is dispositive.

Ministerial-Error Allegation

    On December 19, 2001, the Department issued its affirmative 
preliminary determination in this proceeding. See Notice of Preliminary 
Determination of Sales at Less Than Fair Value and Postponement of 
Final Determination: Structural Steel Beams from Germany, 66 FR 67190 
(December 28, 2001) (Preliminary Determination). There are two 
respondent manufacturers/exporters, SWT and Salzgitter AG, in this 
investigation.
    On January 2, 2002, the Department received timely allegations of a 
ministerial error (in accordance with section 351.224(c)(2) of the 
Department's regulations) in the Preliminary Determination from SWT. 
SWT alleged that the Department inadvertently did not convert quantity 
adjustments for U.S. sales from pounds to metric tons. On January 7, 
2002, the Department received timely allegations of ministerial errors 
(in accordance with 351.224(c)(2)) in the Preliminary Determination 
from the Committee for Fair Beam Imports and its individual members, 
Northwestern Steel and Wire Company, Nucor Corporation, Nucor-Yamato 
Steel Company, and TXI-Chaparral Steel Company (``the petitioners''). 
The petitioners alleged that (1) the Department's language for 
converting quantities denominated in pounds to metric tons is 
superfluous

[[Page 4704]]

and (2) the Department's calculation of indirect selling expenses is 
incorrect because, according to the petitioners, the Department 
attempted to correct for double-counting where none exists.
    The Department has reviewed its preliminary calculations and agrees 
that the error which SWT alleged does constitute a ministerial error 
within the meaning of 19 CFR 351.224(f). Furthermore, we determine that 
this is a ministerial error which rises to the level of ``significant 
errors'' pursuant to 19 CFR 351.224(g)(2), and we are amending the 
Preliminary Determination to reflect the correction of this significant 
ministerial error made in the margin calculation for SWT in that 
determination, pursuant to 19 CFR 351.224(e). See the SWT Amended 
Preliminary Calculation Memorandum dated January 15, 2002.
    The Department does not agree that the errors which the petitioners 
alleged constitute ministerial errors within the meaning of 19 CFR 
351.224(f). The first ``error'' alleged by the petitioners does not 
appear to be an error at all but, rather, simply a suggestion to change 
the programming language. The petitioners suggested language would have 
no effect on the margin. The second error is a comment about our 
methodology for calculating indirect selling expenses. Because the 
methodology we used (described accurately by the petitioners) was 
neither inadvertent nor unintentional, this is not a ministerial error. 
Therefore, we have not changed our preliminary calculations pursuant to 
either of the petitioners' allegations.
    The collection of bonds or cash deposits and suspension of 
liquidation will be revised accordingly and parties will be notified of 
this determination, in accordance with section 733(d) and (f) of the 
Act.

Amended Preliminary Determination

    As a result of our correction of the ministerial error, we have 
determined that the following dumping margins apply. In accordance with 
section 733(d)(2) of the Act, we are directing the Customs Service to 
suspend liquidation of all imports of subject merchandise from Germany, 
except for subject merchandise produced and exported by SWT (which has 
a de minimis weighted-average margin), that are entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this notice in the Federal Register. We will instruct the Customs 
Service to require a cash deposit or the posting of a bond equal to the 
weighted-average amounts as indicated in the chart below. These 
suspension-of-liquidation instructions will remain in effect until 
further notice.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                      percentage
                                                                margin
------------------------------------------------------------------------
SWT........................................................         0.96
Salzgitter AG..............................................        35.75
All Others.................................................        18.36
------------------------------------------------------------------------

    Pursuant to section 733(d)(1)(A) and section 735(c)(5)(A) of the 
Act, the Department normally may not include zero and de minimis 
weighted-average dumping margins and margins determined entirely under 
section 776 of the Act in the calculation of the ``all-others'' deposit 
rate. However, such rates were the only margins available in this 
determination. Accordingly, the Department may, pursuant to section 
735(c)(5)(B) of the Act, use ``any reasonable method'' to calculate the 
all-others rate. In this case, the Department calculated the all-others 
rate by using a simple average of the rates applicable to SWT and 
Salzgitter AG. See Statement of Administrative Action accompanying H.R. 
5110, H.R. Doc. No. 316, Vol. 1, 103rd Congr. 2d Sess. at 873.

International Trade Commission Notification

    In accordance with section 733(f) of the Act, we have notified the 
ITC of our amended preliminary determination. If our final 
determination is affirmative, the ITC will determine before the later 
of 120 days after the date of the preliminary determination or 45 days 
after our final determination whether the domestic industry in the 
United States is materially injured, or threatened with material 
injury, by reason of imports, or sales (or the likelihood of sales) for 
importation, of the subject merchandise.

Public Comment

    Case briefs for this investigation must be submitted to the 
Department no later than seven days after the date of the final 
verification report issued in this proceeding. Rebuttal briefs must be 
filed five days from the deadline date for case briefs. A list of 
authorities used, a table of contents, and an executive summary of 
issues should accompany any briefs submitted to the Department. 
Executive summaries should be limited to five pages total, including 
footnotes. Section 774 of the Act provides that the Department will 
hold a public hearing to afford interested parties an opportunity to 
comment on arguments raised in case or rebuttal briefs, provided that 
such a hearing is requested by an interested party. If a request for a 
hearing is made in this investigation, the hearing will tentatively be 
held two days after the rebuttal-brief deadline date at the U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230. Parties should confirm by telephone the time, 
date, and place of the hearing 48 hours before the scheduled time.
    We will make our final determination no later than May 13, 2001.
    This determination is issued and published in accordance with 
sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: January 24, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-2413 Filed 1-30-02; 8:45 am]
BILLING CODE 3510-DS-P