[Federal Register Volume 67, Number 26 (Thursday, February 7, 2002)]
[Notices]
[Pages 5851-5852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2921]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigations Nos. 731-TA-935-942 (Final)]


Certain Structural Steel Beams From China, Germany, Italy, 
Luxembourg, Russia, South Africa, Spain, and Taiwan

AGENCY: United States International Trade Commission.

ACTION: Scheduling of the final phase of antidumping investigations.

-----------------------------------------------------------------------

SUMMARY: The Commission hereby gives notice of the scheduling of the 
final phase of antidumping investigations Nos. 731-TA-935-942 (Final) 
under section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)) 
(the Act) to determine whether an industry in the United States is 
materially injured or threatened with material injury, or the 
establishment of an industry in the United States is materially 
retarded, by reason of less-than-fair-value imports from China, 
Germany, Italy, Luxembourg, Russia, South Africa, Spain, and Taiwan of 
certain structural steel beams, provided for in subheadings 7216.32.00, 
7216.33.00, 7216.50.00, 7216.61.00, 7216.69.00, 7216.91.00, 7216.99.00, 
7228.70.30, and 7228.70.60 of the Harmonized Tariff Schedule of the 
United States.\1\
---------------------------------------------------------------------------

    \1\ For purposes of these investigations, the Department of 
Commerce has defined the subject merchandise as ``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 these investigations unless 
otherwise excluded. The following products are outside and/or 
specifically excluded from the scope of these investigations: (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.''
---------------------------------------------------------------------------

    For further information concerning the conduct of this phase of the 
investigations, hearing procedures, and rules of general application, 
consult the Commission's Rules of Practice and Procedure, part 201, 
subparts A through E (19 CFR part 201), and part 207, subparts A and C 
(19 CFR part 207).

EFFECTIVE DATE: December 28, 2001.

FOR FURTHER INFORMATION CONTACT: D.J. Na (202-708-4727), Office of 
Investigations, U.S. International Trade Commission, 500 E Street SW., 
Washington, DC 20436. Hearing-impaired persons can obtain information 
on this matter by contacting the Commission's TDD terminal on 
202-205-1810. Persons with mobility impairments who will need special 
assistance in gaining access to the Commission should contact the 
Office of the Secretary at 202-205-2000. General information concerning 
the Commission may also be obtained by accessing its internet server 
(http://www.usitc.gov). The public record for these investigations may 
be viewed on the Commission's electronic docket (EDIS-ON-LINE) at 
http://dockets.usitc.gov/eol/public.

SUPPLEMENTARY INFORMATION:

[[Page 5852]]

Background

    The final phase of these investigations is being scheduled as a 
result of affirmative preliminary determinations by the Department of 
Commerce that imports of certain structural steel beams from China, 
Germany, Russia, South Africa, and Taiwan are being sold in the United 
States at less than fair value within the meaning of section 733 of the 
Act (19 U.S.C. 1673b). The investigations were requested in a petition 
filed on May 23, 2001, by Northwestern Steel & Wire Co., Sterling, IL; 
Nucor Corp., Charlotte, NC; Nucor-Yamato Steel Co., Blytheville, AR; 
and TXI-Chaparral Steel Co., Midlothian, TX.
    Although the Department of Commerce has preliminarily determined 
that imports of certain structural steel beams from Italy, 
Luxembourg,\2\ and Spain are not being and are not likely to be sold in 
the United States at less than fair value, for purposes of efficiency 
the Commission hereby waives rule 207.21(b) \3\ so that the final phase 
of the investigations may proceed concurrently in the event that 
Commerce makes final affirmative determinations with respect to such 
imports.
---------------------------------------------------------------------------

    \2\ Although Commerce initially made an affirmative dumping 
determination, it published an amended preliminary determination of 
sales at not less than fair value on January 31, 2002.
    \3\ Section 207.21(b) of the Commission's rules provides that, 
where the Department of Commerce has issued a negative preliminary 
determination, the Commission will publish a final phase Notice of 
Scheduling upon receipt of an affirmative final determination from 
Commerce.
---------------------------------------------------------------------------

    Participation in the investigations and public service list.--
Persons, including industrial users of the subject merchandise and, if 
the merchandise is sold at the retail level, representative consumer 
organizations, wishing to participate in the final phase of these 
investigations as parties must file an entry of appearance with the 
Secretary to the Commission, as provided in Sec. 201.11 of the 
Commission's rules, no later than 21 days prior to the hearing date 
specified in this notice. A party that filed a notice of appearance 
during the preliminary phase of these investigations need not file an 
additional notice of appearance during this final phase. The Secretary 
will maintain a public service list containing the names and addresses 
of all persons, or their representatives, who are parties to the 
investigations.
    Limited disclosure of business proprietary information (BPI) under 
an administrative protective order (APO) and BPI service list.--
Pursuant to Sec. 207.7(a) of the Commission's rules, the Secretary will 
make BPI gathered in the final phase of these investigations available 
to authorized applicants under the APO issued in the investigations, 
provided that the application is made no later than 21 days prior to 
the hearing date specified in this notice. Authorized applicants must 
represent interested parties, as defined by 19 U.S.C. 1677(9), who are 
parties to the investigations. A party granted access to BPI in the 
preliminary phase of the investigations need not reapply for such 
access. A separate service list will be maintained by the Secretary for 
those parties authorized to receive BPI under the APO.
    Staff report.--The prehearing staff report in the final phase of 
these investigations will be placed in the nonpublic record on May 1, 
2002, and a public version will be issued thereafter, pursuant to 
Sec. 207.22 of the Commission's rules.
    Hearing.--The Commission will hold a hearing in connection with the 
final phase of these investigations beginning at 9:30 a.m. on May 15, 
2002, at the U.S. International Trade Commission Building. Requests to 
appear at the hearing should be filed in writing with the Secretary to 
the Commission on or before May 6, 2002. A nonparty who has testimony 
that may aid the Commission's deliberations may request permission to 
present a short statement at the hearing. All parties and nonparties 
desiring to appear at the hearing and make oral presentations should 
attend a prehearing conference to be held at 9:30 a.m. on May 8, 2002, 
at the U.S. International Trade Commission Building. Oral testimony and 
written materials to be submitted at the public hearing are governed by 
Secs. 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. 
Parties must submit any request to present a portion of their hearing 
testimony in camera no later than 7 days prior to the date of the 
hearing.

Written Submissions

    Each party who is an interested party shall submit a prehearing 
brief to the Commission. Prehearing briefs must conform with the 
provisions of Sec. 207.23 of the Commission's rules; the deadline for 
filing is May 8, 2002. Parties may also file written testimony in 
connection with their presentation at the hearing, as provided in 
Sec. 207.24 of the Commission's rules, and posthearing briefs, which 
must conform with the provisions of Sec. 207.25 of the Commission's 
rules. The deadline for filing posthearing briefs is May 22, 2002; 
witness testimony must be filed no later than three days before the 
hearing. In addition, any person who has not entered an appearance as a 
party to the investigations may submit a written statement of 
information pertinent to the subject of the investigations on or before 
May 22, 2002. On June 10, 2002, the Commission will make available to 
parties all information on which they have not had an opportunity to 
comment. Parties may submit final comments on this information on or 
before June 12, 2002, but such final comments must not contain new 
factual information and must otherwise comply with Sec. 207.30 of the 
Commission's rules. All written submissions must conform with the 
provisions of Sec. 201.8 of the Commission's rules; any submissions 
that contain BPI must also conform with the requirements of 
Secs. 201.6, 207.3, and 207.7 of the Commission's rules. The 
Commission's rules do not authorize filing of submissions with the 
Secretary by facsimile or electronic means.
    In accordance with Secs. 201.16(c) and 207.3 of the Commission's 
rules, each document filed by a party to the investigations must be 
served on all other parties to the investigations (as identified by 
either the public or BPI service list), and a certificate of service 
must be timely filed. The Secretary will not accept a document for 
filing without a certificate of service.

    Authority: These investigations are being conducted under 
authority of title VII of the Tariff Act of 1930; this notice is 
published pursuant to Sec. 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: February 1, 2002.
Marilyn R. Abbott,
 Acting Secretary.
[FR Doc. 02-2921 Filed 2-6-02; 8:45 am]
BILLING CODE 7020-02-P