[Federal Register Volume 67, Number 118 (Wednesday, June 19, 2002)]
[Notices]
[Pages 41696-41697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15480]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-821-814]


Notice of Amended Final Determination of Sales at Less Than Fair 
Value: Structural Steel Beams from the Russian Federation

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

ACTION: Notice of Amended Final Determination of Sales at Less Than 
Fair Value.

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EFFECTIVE DATE: June 19, 2002.
SUMMARY: We published in the Federal Register our final determination 
for the investigation of structural steel beams from the Russian 
Federation on May 20, 2002. We are amending our final determination to 
correct a ministerial error.

FOR FURTHER INFORMATION CONTACT: Hermes Pinilla or Richard Rimlinger, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-3477 or (202) 482-4477, 
respectively.

SUPPLEMENTARY INFORMATION:

The Applicable Statute

    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 (``Department's'') regulations are references to 19 CFR Part 
351 (April 2001).

Background

    On May 13, 2002, the Department determined that structural steel 
beams from the Russian Federation are being, or are likely to be, sold 
in the United States at less than fair value (67 FR 35490; May 20, 
2002).
    We disclosed our calculations for the final determination to 
counsel for petitioners, the Committee for Fair Beam Imports, on May 
17, 2002, and to counsel for Nizhny Tagil Iron and Steel Works (Tagil) 
on May 15, 2002.
    On May 23, 2002, we received a submission, timely filed pursuant to 
19 CFR 351.224(c)(2), from the petitioners alleging a ministerial error 
in the Department's final determination. In its submission, the 
petitioners requested that this error be corrected and an amended final 
determination be issued reflecting this change.

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 currently 
classified in the Harmonized Tariff Schedule of the United States 
(HTSUS) at subheadings 7216.32.0000, 7216.33.0030,

[[Page 41697]]

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.

Period of Investigation

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

Ministerial Error

    The Department's regulations provide that the Department will 
correct any ministerial error by amending the final determination. See 
19 CFR 351.224(e). Examples of ministerial errors according to the 
Department's regulations include mistakes in ``addition, subtraction, 
or other arithmetic function, clerical error resulting from inaccurate 
copying, duplication, or the like.'' See 19 CFR 351.224(f).

Ministerial-Error Allegation

    The petitioners allege that the Department erred with respect to 
the factor the Department used to calculate indirect selling expenses. 
They argue that the portion attributable to interest expenses should 
reflect the deduction of interest income and imputed credit expenses. 
The petitioners argue that in the preliminary determination the 
Department correctly revised Tagil's indirect selling expense factor to 
include a figure for interest expense, reduced by amounts for interest 
income and imputed credit expenses. However, according to the 
petitioners, during the U.S. sales verification, the verification team 
found an error with Tagil's original indirect selling expense factor 
calculation which consequently changed the amount of this factor. The 
petitioners assert that, as the Department did in the preliminary 
determination, it should have adjusted Tagil's revised indirect expense 
selling factor to include a figure for interest expense. Instead, 
according to the petitioners, the Department simply used the factor 
reported in the March 22, 2002, sales verification report. The 
petitioners request that the Department adjust Tagil's indirect selling 
expense factor to include a figure for interest expense and amend the 
final determination.
    We agree with the petitioners that we made a clerical error with 
respect to this matter and have recalculated the margin for Tagil. The 
Department hereby amends its final determination with respect to Tagil 
to correct this error. For further details, see the analysis memorandum 
dated June 11, 2002.

Amended Final Determination

    We are amending the final determination of sales at less than fair 
value for structural steel beams from the Russian Federation to reflect 
the correction of a ministerial error made in the margin calculations 
in that determination. We are publishing this amendment to the final 
determination pursuant to 19 CFR 351.224(e).
    The revised weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-Average
                Exporter/Manufacturer                  Margin Percentage
------------------------------------------------------------------------
Tagil................................................             239.82
Russia-wide rate.....................................             239.82
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    Because Tagil is the sole respondent in this investigation and the 
sole Russian producer or exporter with sales or shipments of subject 
merchandise to the United States during the POI, the recalculated 
margin for Tagil also applies to the Russia-wide rate. As a result of 
our amendment, the Russia-wide rate has also been amended and applies 
to all entries of the subject merchandise except for entries from 
Tagil.

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 the Russian Federation. The 
Customs Service shall require a cash deposit or the posting of a bond 
based on the estimated weighted-average dumping margin shown above. 
Theses suspension-of-liquidation instructions will remain in effect 
until further notice.

International Trade Commission Notification

    In accordance with section 735(d) of the Act, we have notified the 
International Trade Commission of our amended determination.
    We are issuing and publishing this determination and notice in 
accordance with sections section 735(d) and 777(i) of the Act and 19 
CFR 351.224(e).

    Dated: June 12, 2002
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-15480 Filed 6-18-02; 8:45 am]
BILLING CODE 3510-DS-S