[Federal Register Volume 67, Number 21 (Thursday, January 31, 2002)]
[Notices]
[Pages 4704-4706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2414]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-814]


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

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 the Russian 
Federation.

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EFFECTIVE DATE: January 31, 2002.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-4477, 
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 (URTAA). 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 (April 2001).

[[Page 4705]]

Significant Ministerial Error

    The Department is amending the preliminary determination of sales 
at less than fair value in the antidumping duty investigation of 
structural steel beams from the Russian Federation to reflect the 
correction of significant ministerial error made in the margin 
calculations regarding Nizhny Tagil Iron and Steel Works (Tagil), 
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 determinations 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). As a result of this 
amended preliminary determination, we have revised the antidumping rate 
for Tagil.

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.

Period of Investigation

    The period of investigation (POI) is October 1, 2000, through March 
31, 2001.

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 the Russian 
Federation, 66 FR 67197 (December 28, 2001) (Preliminary Determination.
    On January 7, 2002, the Department received a timely allegation of 
a ministerial error in the Preliminary Determination from Tagil. Tagil 
alleged that because it reported its recovered by-products, scrap, and 
wastes values as negative values, the Department actually added these 
values to Tagil's factors of production in the computer program when it 
attempted to credit them from Tagil's factors of production. Tagil 
argues that the Department should revise its computer program and add 
these values to its factors of production so it can properly credit the 
recovered by-products, scrap, and wastes values. See letter from Tagil 
alleging a ministerial error in the Preliminary Determination (January 
7, 2002).
    On January 9, 2002, the Department received a timely allegation of 
ministerial errors in the Preliminary Determination from the 
petitioners. The petitioners alleged two ministerial errors: (1) The 
Department used the wrong numerator or denominator in calculating the 
POI inflator for scrap value, and (2) the Department did not include 
the amount for depreciation in the computer program. According to the 
petitioners, the Department noted in its preliminary results, that it 
used a depreciation expense ratio of 11.86 percent in its calculations. 
The petitioners allege, however, that the Department did not include 
the depreciation expense ratio in the computer program when calculating 
normal value. See letter from the petitioners alleging ministerial 
errors in the Preliminary Determination (January 9, 2002).
    On January 14, 2002, we received a timely submission from Tagil 
rebutting the petitioners assertion that the Department's 
miscalculation of scrap value is a ministerial error as defined in 
section 351.224(f) of the Department's regulations. Tagil contends that 
according to section 351.224(f) of the Department's regulations, a 
ministerial error is limited to 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.'' Tagil 
argues further that the petitioners have offered no basis for their 
proposed revised Polish inflation rate calculation and that the 
Department's regulations do not permit the submission of new factual 
information by parties to amend the preliminary results. Therefore, 
Tagil requests that the Department reject the petitioners' proposed 
inflation calculation revision.
    We have reviewed our preliminary calculations and agree that the 
error which Tagil alleged is ministerial within the meaning of 19 CFR 
351.224(f) because we unintentionally added Tagil's by-products, scrap, 
and wastes values to its factors of production when we intended to 
credit such values from Tagil's factors of production. We also agree 
that the errors which the petitioners alleged are ministerial errors 
within the meaning of 19 CFR 351.224(f) because we inadvertently did 
not include the amount for depreciation in our computer program 
calculation of normal value and we also inflated the scrap value using 
an incorrect average consumer price index figure for the POI. 
Furthermore, we determine these are ministerial errors which rise to 
the level of ``significant errors'' pursuant to 19 CFR 351.224(g)(1) 
and (g)(2), because together these ministerial errors result in a 
change of at least five absolute percentage points in, and not less 
than 25 percent of, the weighted-average dumping margin calculated in 
the original (erroneous) preliminary determination. Therefore, we are 
amending the Preliminary Determination to reflect the correction of 
these significant ministerial errors made in the margin calculations 
for

[[Page 4706]]

Tagil in that determination, pursuant to 19 CFR 351.224(e). See Tagil's 
Amended Preliminary Calculation Memorandum dated January 28, 2002.

Amended Preliminary Determination

    As a result of our correction of the ministerial error, we have 
determined that the following dumping margin 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 the 
Russian Federation, 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 
amount as indicated in the chart below. This suspension-of-liquidation 
instructions will remain in effect until further notice.

------------------------------------------------------------------------
                                                              Weighted-
                                                               average
                   Exporter/manufacturer                      percentage
                                                                margin
------------------------------------------------------------------------
Tagil......................................................       108.37
Russia-wide rate...........................................       108.37
------------------------------------------------------------------------

    Because Tagil is the sole respondent in this investigation and the 
sole Russian producer or exporter with sales or shipments of subject 
merchandise to the United States during the POI, the recalculated 
margin for Tagil also applies to the Russia-wide rate. As a result of 
our amendment, the Russia-wide rate has also been amended, and applies 
to all entries of the subject merchandise except for entries from 
Tagil.

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.
    Interested parties who wish to request a hearing, or to participate 
if one is requested, must submit a written request to the Assistant 
Secretary for Import Administration, U.S. Department of Commerce, Room 
1870, within 30 days of the publication of this notice. Requests should 
contain: (1) The party's name, address, and telephone number; (2) the 
number of participants; and (3) a list of the issues to be discussed. 
Oral presentations will be limited to issues raised in the briefs.
    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 351.224(e).

    Dated: January 24, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-2414 Filed 1-30-02; 8:45 am]
BILLING CODE 3510-DS-M