[Federal Register Volume 67, Number 113 (Wednesday, June 12, 2002)]
[Notices]
[Pages 40272-40273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14835]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-469-811]


Structural Steel Beams from Spain; Amended Final Determination of 
Sales at Less than Fair Value

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

EFFECTIVE DATE: June 12, 2002.

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

SUPPLEMENTARY INFORMATION:

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

Amendment to Final Determination

    In accordance with section 735(d) of the Act, on May 20, 2002, the 
Department published the final determination in the less than fair 
value investigation on structural steel beams from Spain. See Notice of 
Final Determination of Sales at Less Than

[[Page 40273]]

Fair Value: Structural Steel Beams from Spain (67 FR 35482). Also on 
May 20, 2002, we received an allegation, timely filed pursuant to 19 
CFR 351.224(c)(2), from the petitioners, the Committee for Fair Beam 
Imports and its individual members, that the Department made a 
ministerial error in its final determination. We did not receive 
comments from the respondent in this case, Aceralia Corporacion 
Siderurgica, S.A. (Aceralia). After analyzing the petitioners' 
submission, we have determined, in accordance with 19 CFR 351.224, that 
a ministerial error was made in our final margin calculation for 
Aceralia. Specifically, we find that we erroneously included certain 
downstream sales information in our analysis for one affiliated 
reseller to which Aceralia sold structural steel beams at arm's length 
prices, and we excluded the downstream sales information for another 
affiliated reseller to which Aceralia did not.
    For a detailed discussion of the ministerial error noted above, as 
well as the Department's analysis, see the memorandum to Louis Apple 
from the Team, dated June 4, 2002.
    Therefore, in accordance with 19 CFR 351.224(e), we are amending 
the final determination in the less than fair value investigation on 
structural steel beams from Spain. The revised weight-averaged dumping 
margin is as follows:

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                                                                 Original Final Margin     Revised Final Margin
                     Exporter/Manufacturer                             Percentage               Percentage
----------------------------------------------------------------------------------------------------------------
Aceralia Corporacion Siderurgica, S.A.........................                     5.19                     5.29
All Others....................................................                     5.19                     5.29
----------------------------------------------------------------------------------------------------------------

Scope of the 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.
    This investigation and notice are in accordance with sections 
735(d) and 777(i) of the Act.

    Dated: June 6, 2002
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-14835 Filed 6-11-02; 8:45 am]
BILLING CODE 3510-DS-S