[Federal Register Volume 67, Number 97 (Monday, May 20, 2002)]
[Notices]
[Pages 35484-35485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12593]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-583-838]


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

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 less than fair value of 
structural steel beams from Taiwan. 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 for the investigated companies are listed below in the 
section entitled ``Final Determination Margins.''

EFFECTIVE DATE: May 20, 2002.

FOR FURTHER INFORMATION CONTACT: Rebecca Trainor or Kate Johnson, 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) 
482-4007 or (202) 482-4929, respectively.

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 Taiwan 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 Taiwan, 66 FR 67202 (December 28, 2001) 
(Preliminary Determination).
    During the period January 19 - 30, 2002, we conducted verification 
of the questionnaire responses of Tung Ho Enterprise Corp. (Tung Ho), 
and Kuei Yi Industrial Co., Ltd. (Kuei Yi), the respondents in this 
case.
    We received case and rebuttal briefs on April 18 and 24, 2002, 
respectively, from the petitioners (i.e., the Committee for Fair Beam 
Imports and its individual members) and the respondents. On January 4, 
11, and 28, 2002, Tung Ho, Kuei Yi, and the petitioners, respectively, 
requested a hearing. On April 15, 2002, Kuei Yi withdrew its request 
for a hearing. Both Tung Ho and the petitioners withdrew their requests 
on April 16, 2002.

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,

[[Page 35485]]

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 several of 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 the respondents' 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 ``Issues and Decision Memorandum'' 
(Decision Memorandum) from Richard W. Moreland, Deputy Assistant 
Secretary for Import Administration, to Faryar Shirzad, Assistant 
Secretary for Import Administration, dated May 13, 2002, 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 and production records, and original 
source documents provided by the respondent.

Final Determination Margins

    The weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                                Margin
                    Manufacturer/exporter                      (percent)
------------------------------------------------------------------------
Kuei Yi Industrial Co., Ltd.................................       15.32
Tung Ho Steel Enterprise Corp...............................        5.21
All Others..................................................       12.24
------------------------------------------------------------------------

    In accordance with section 735(c)(5)(A), we have based the ``all 
others'' rate on the dumping margins found for the producers/exporters 
investigated in this proceeding, Kuei Yi and Tung Ho.

Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to continue to suspend liquidation of all 
entries of structural steel beams from Taiwan that are entered, or 
withdrawn from warehouse, for consumption on or after December 28, 
2001, the publication date of the preliminary determination in the 
Federal Register. The Customs Service shall continue to 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 
International Trade Commission (ITC) of our determination. As our final 
determination is affirmative, the ITC will determine within 45 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

Comments

Comment 1:Total Cost of Manufacturing Reconciliation
Comment 2:Scrap Offset
Comment 3:General and Administrative Expense Ratio
Comment 4:Home Market Payment Dates
Comment 5:Interest Expense
Comment 6:Correction to Interest Expense Ratio
Comment 7: Rental Expenses
Comment 8:Minor Correction to Rental Expenses
Comment 9:U.S. Imputed Credit Expenses
Comment 10:Correction of Clerical Error
[FR Doc. 02-12593 Filed 5-17-02; 8:45 am]
BILLING CODE 3510-DS-S