[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35481-35482]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12591]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-475-831]


Notice of Final Determination of Sales at Not Less Than Fair 
Value: Structural Steel Beams from Italy

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

ACTION: Notice of Final Determination of Sales at Not Less Than Fair 
Value.

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SUMMARY: On December 28, 2001, the Department of Commerce published its 
preliminary determination of sales at not less than fair value of 
structural steel beams from Italy. The period of investigation is April 
1, 2000, through March 31, 2001.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final determination 
differs from the preliminary determination. The final weighted-average 
dumping margin is listed below in the section entitled ``Final 
Determination Margin.''

EFFECTIVE DATE: May 20, 2002.

FOR FURTHER INFORMATION CONTACT: Mike Strollo, AD/CVD Enforcement Group 
I, Office 2, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., 
Washington, D.C. 20230; telephone: (202) 482-0629.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    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 regulations of the Department 
of Commerce (the Department) are to 19 CFR Part 351 (April 2001).

Final Determination:

    We determine that structural steel beams from Italy are not being, 
nor are likely to be, sold in the United States at less than fair value 
(LTFV), as provided in section 735 of the Act.

Case History

    The preliminary determination in this investigation was issued on 
December 19, 2001. See Notice of Preliminary Determination of Sales at 
Not Less Than Fair Value and Postponement of Final Determination: 
Structural Steel Beams From Italy, 66 FR 67185 (Dec. 28, 2001) 
(Preliminary Determination).
    From January through March 2002, we conducted verification of the 
questionnaire responses of the sole respondent in this case, Duferdofin 
SpA (Duferdofin).
    In April 2002, we received a case brief from the petitioners (the 
Committee for Fair Beam Imports and its individual members). We also 
received a rebuttal brief from Duferdofin.
    The Department held a public hearing on April 24, 2002, at the 
request of the petitioners.

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

[[Page 35482]]

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.

Scope Comments

    Prior to the preliminary determination in this case, interested 
parties in this and the concurrent structural steel beams 
investigations requested that the following products be excluded from 
the scope of the investigations: (1) beams of grade A913/65 and (2) 
forklift mast profiles. We preliminarily found that both products fell 
within the scope of this investigation. Because we have received no 
further scope comments in this proceeding, we are making a final 
determination that these products fall within the scope of this 
investigation.

Period of Investigation

    The period of investigation is April 1, 2000, through March 31, 
2001, which corresponds to Duferdofin's four most recent fiscal 
quarters prior to the month of the filing of the petition (i.e., May 
2001).

Analysis of Comments Received

    All issues raised in the case briefs by parties to this proceeding 
and to which we have responded are listed in the Appendix to this 
notice and addressed in the Decision Memorandum, which is adopted by 
this notice. Parties can find a complete discussion of the issues 
raised in this investigation and the corresponding recommendations in 
this public memorandum, which is on file in the Central Records Unit, 
room B-099 of the main Commerce Building. In addition, a complete 
version of the Decision Memorandum can be accessed directly on the Web 
at http://ia.ita.doc.gov/frn/index.html. The paper copy and electronic 
version of the Decision Memorandum are identical in content.

Changes Since the Preliminary Determination

    Based on our analysis of comments received, we have made certain 
changes to the margin calculations. For a discussion of these changes, 
see the ``Margin Calculations'' section of the Decision Memorandum.

Verification

    As provided in section 782(i) of the Act, we verified the 
information submitted by the respondent for use in our final 
determination. We used standard verification procedures including 
examination of relevant accounting records, production records, and 
original source documents provided by the respondent.

Final Determination Margin

    We determine that the following percentage weighted-average margin 
exists:

------------------------------------------------------------------------
                                                                   Margin
               Manufacturer/exporter                   Margin    (percent)
--------------------------------------------------------------- -----------
Duferdofin SpA.....................................        0.33
------------------------------------------------------------------------

Suspension of Liquidation

    Because the estimated weighted-average dumping margin for the 
investigated company is 0.33 percent (de minimis), we are not directing 
the Customs Service to suspend liquidation of entries of structural 
steel beams from Italy.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission (ITC) of our determination.
    This notice serves as the only reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Timely written 
notification of return/destruction of APO materials or conversion to 
judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation.
    We are issuing and publishing this determination and notice in 
accordance with sections section 735(d) and 777(i) of the Act.

    Dated: May 13, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix Issues in the Decision Memorandum

Comment 1:Classification of the Shape of Products Sold in the Home 
Market
Comment 2:Home Market Rebates
Comment 3:Home Market Discounts
Comment 4:Commission Expenses
Comment 5:Home Market Credit Expenses
Comment 6:Reclassification of U.S. Quality Codes
Comment 7: International Freight Costs
Comment 8:U.S. Credit Expenses
Comment 9:U.S. Dates of Payment for Unpaid Sales
Comment 10:Expenses Related to the Sale of Certain Assets in the United 
States
Comment 11:U.S. Indirect Selling Expenses
[FR Doc. 02-12591 Filed 5-17-02; 8:45 am]
BILLING CODE 3510-DS-S