[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35482-35484]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12592]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-811]


Notice of Final Determination of Sales at Less Than Fair Value: 
Structural Steel Beams from Spain

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

ACTION: Notice of final determination of sales at 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 Spain. 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 margins are listed below in the section entitled ``Final 
Determination Margins.''

[[Page 35483]]


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 Spain are being, or 
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 Spain, 66 FR 66207 (Dec. 28, 2001) 
(Preliminary Determination).
    From January through March 2002, we conducted verification of the 
questionnaire responses of the sole respondent in this case, Aceralia 
Corporacion Siderurgica, S.A. (Aceralia).
    In April 2002, we received case and rebuttal briefs from the 
petitioners (the Committee for Fair Beam Imports and its individual 
members) and Aceralia. The Department held a public hearing on April 
16, 2002, at the request of the petitioners and Aceralia.

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.

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 Aceralia'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 Margins

    We determine that the following percentage weighted-average margins 
exist:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Aceralia Corporacion Siderurgica, S.A.......................        5.19
All Others..................................................        5.19
------------------------------------------------------------------------

    In accordance with section 735(c)(5)(A), we have based the ``all 
others'' rate on the dumping margin found for the sole producer/
exporter investigated in this proceeding, Aceralia.

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to suspend liquidation of all entries of 
structural steel beams from Spain that are entered, or withdrawn from 
warehouse, for consumption on or after the publication date of this 
final determination. The Customs Service shall require a cash deposit 
or the posting of a bond based on the estimated weighted-average 
dumping margins shown above. The suspension of liquidation instructions 
will remain in effect until further notice.

ITC Notification

    In accordance with section 735(d) of the Act, we have notified the

[[Page 35484]]

International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine, within 75 days, 
whether these imports are causing material injury, or threat of 
material injury, to an industry in the United States. If the ITC 
determines that material injury or threat of injury does not exist, the 
proceeding will be terminated and all securities posted will be 
refunded or canceled. If the ITC determines that such injury does 
exist, the Department will issue an antidumping duty order directing 
Customs officials to assess antidumping duties on all imports of the 
subject merchandise entered, or withdrawn from warehouse, for 
consumption on or after the effective date of the suspension of 
liquidation.
    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:Level of Trade in the Home Market
Comment 2:Level of Trade for U.S. Sales/CEP Offset
Comment 3:Arm's Length Test
Comment 4:Strength Codes
Comment 5:Billing Adjustments
Comment 6:Home Market Rebates
Comment 7: Home Market and U.S. Freight Expenses
Comment 8:Inland Freight Expenses of the Affiliated Resellers
Comment 9:Home Market Credit Expenses
Comment 10:U.S. Rebates
Comment 11:U.S. Brokerage and Handling Expenses
Comment 12:U.S. Indirect Selling Expenses of Arbed Americas
Comment 13:Interest Expenses Included in U.S. Indirect Selling Expenses
Comment 14:Clerical Errors in the Preliminary Determination
Comment 15:Calculation of the Overall Dumping Margin
Comment 16:Calculation of Raw Materials Costs
Comment 17: Exchange Gains and Losses
Comment 18:Acceptance of Revised Sales Databases
[FR Doc. 02-12592 Filed 5-17-02; 8:45 am]
BILLING CODE 3510-DS-S