[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Notices]
[Pages 41397-41398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15346]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-869]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Structural Steel Beams From the People's Republic of China

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

ACTION: Notice of amended final determination of sales at less than 
fair value.

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SUMMARY: On May 20, 2002, we published in the Federal Register our 
notice of final determination of sales at less than fair value. See 
Final Determination of Sales at Less Than Fair Value: Structural Steel 
Beams from the People's Republic of China, 67 FR 35479 (May 20, 2002). 
We are amending our final determination to correct clerical and 
ministerial errors discovered with respect to the antidumping duty 
margin calculations for Maanshan Iron & Steel Co., Ltd.

EFFECTIVE DATE: June 18, 2002.

FOR FURTHER INFORMATION CONTACT: Lyn Johnson or Richard Rimlinger, AD/
CVD Enforcement Group I, Office 3, Import Administration, International 
Trade Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
4733.

Period of Investigation

    The period of investigation is October 1, 2000, through March 31, 
2001.

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the Act are references 
to the provisions effective January 1, 1995, the effective date of the 
amendments made to the Tariff Act of 1930 (the Act) by the Uruguay 
Round Agreements Act. 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).

SUPPLEMENTARY INFORMATION:

Background

    On May 20, 2002, we published in the Federal Register our final 
determination that structural steel beams from the People's Republic of 
China (PRC) are being, or are likely to be, sold in the United States 
at less than fair value (LTFV), as provided in section 735(a) of the 
Act. See Final Determination of Sales at Less Than Fair Value: 
Structural Steel Beams from the People's Republic of China, 67 FR 35479 
(May 20, 2002), and accompanying Issues and Decision Memorandum (Final 
Determination). Following publication, the Department discovered two 
ministerial errors it made in the language it used in the notice 
published in the Federal Register. On May 28, 2002, the Committee for 
Fair Beam Imports and its individual members (the petitioners) filed 
timely comments on the Final Determination. Some of the petitioners' 
comments were allegations of ministerial errors and others were issues 
being raised for the first time. On June 3, 2002, the respondent, 
Maanshan Iron & Steel Co, Ltd. (Maanshan), filed timely rebuttal 
comments.

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.

Analysis of Comments Received

    The Department's regulations define a ministerial error as one 
involving ``addition, subtraction, or other arithmetic function, 
clerical error resulting from inaccurate copying, duplication or the 
like, and any other similar type of unintentional error which the 
Secretary considers ministerial.'' See 19 CFR 351.224(f). After 
reviewing the allegations, we have determined, in accordance with 19 
CFR 351.224, that the Final Determination includes ministerial errors. 
Therefore, we have made changes, described in the section below, to the 
final determination.

Changes Since to Final Determination

    We have made the following changes to the notice published in the 
Federal Register and our margin calculations. Please see the Decision 
Memorandum accompanying this notice for a detailed discussion of these 
changes.

[[Page 41398]]

    (1) At 67 FR 35480 of the Final Determination, in the ``Changes 
Since the Preliminary Determination'' section, the Department stated 
mistakenly at (6)(c) that `` * * * [it] used a brokerage and handling 
cost based on bulk products instead of stainless steel products.'' This 
statement is incorrect and, therefore, the stated cost does not apply 
to this investigation.
    (2) At 67 FR 35481 of the Final Determination, in the ``Final 
Determination Margins'' section and the ``Continuation of Suspension of 
Liquidation'' section, we neglected to identify Ma Steel International 
(Ma Steel) as the exporter. Also, the language under ``Continuation of 
Suspension of Liquidation'' stated incorrectly that the Customs 
instructions would apply to entries `` * * * for consumption on or 
after the publication date of this final determination in the Federal 
Register.'' The correct language is `` * * * for consumption on or 
after December 28, 2001, the publication date of the preliminary 
determination in the Federal Register.''
    (3) We corrected the brokerage and handling amount. We also added a 
freight amount to the cost of steam coal.
    (4) We excluded freight costs from the surrogate values we applied 
to waste and by-products.
    (5) We corrected our calculations of the factory overhead and 
selling, general, and administrative (SG&A) expense financial ratios as 
follows: a) We recalculated the overhead and SG&A expenses using the 
correct amount for ``Stores and Spares consumed'' based on TATA's 2001 
financial statements; b) we moved the amount of ``Stores and Spares 
consumed'' from raw materials to overhead expenses; c) we excluded 
``Freight & Handling'' expenses and ``Purchases of Finished, Semi-
Finished Steel and Other Products'' from our calculations of the 
financial ratios.

Amended Final Determination Margin

    In accordance with 19 CFR 351.224(e), we are amending the final 
determination of the antidumping duty investigation of structural steel 
beams from the PRC with respect to Maanshan and its affiliated sales 
entity in the PRC, Ma Steel. The PRC-wide rate has not changed. As a 
result of correcting ministerial errors, we determine that the 
following percentage weighted-average amended final margins exist for 
the period October 1, 2000, through March 31, 2001:

------------------------------------------------------------------------
                                                Final      Amended final
           Manufacturer/exporter            determination  determination
------------------------------------------------------------------------
Maanshan/Ma Steel.........................         0.00          15.23
PRC-Wide Rate.............................        89.17          89.17
------------------------------------------------------------------------

Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, we are 
directing the Customs Service to begin suspension of liquidation of all 
entries of structural steel beams from the PRC that are produced by 
Maanshan, exported by Maanshan or Ma Steel, and entered, or withdrawn 
from warehouse, for consumption on or after the date of publication of 
this amended final determination in the Federal Register. We are also 
directing the Customs Service to continue to suspend liquidation of all 
entries of structural steel beams from the PRC 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 for all other exporters. 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 will notify the 
International Trade Commission (ITC) of our determination. As our 
amended final determination is affirmative, the ITC will determine, 
within 45 days from the date of the publication of the Final 
Determination (May 20, 2002), 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 a 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: June 12, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-15346 Filed 6-17-02; 8:45 am]
BILLING CODE 3510-DS-P