[Federal Register Volume 68, Number 12 (Friday, January 17, 2003)]
[Notices]
[Pages 2499-2501]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1150]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-580-841]


Structural Steel Beams From the Republic of Korea; Final Results 
of Antidumping Duty Administrative Review

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

ACTION: Notice of final results of antidumping duty administrative 
review

[[Page 2500]]

of structural steel beams from the Republic of Korea.

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SUMMARY: On September 11, 2002, the Department of Commerce (``the 
Department'') published in the Federal Register the preliminary results 
of its administrative review of the antidumping duty order on 
structural steel beams from the Republic of Korea (67 FR 57574). This 
review covers imports of subject merchandise from INI Steel Company 
(``INI''). The period of review (``POR'') is February 11, 2000 through 
July 31, 2001.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations. Therefore, the final results differ 
from the preliminary results of review. The final weighted-average 
dumping margin for INI is listed below in the section entitled ``Final 
Results of the Review.''

EFFECTIVE DATE: January 17, 2003.

FOR FURTHER INFORMATION CONTACT: Stephen Bailey or Robert Bolling, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th and Constitution Avenue, N.W., Washington, 
D.C. 20230; telephone: (202) 482-1102 or (202) 482-3434, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 11, 2002, the Department published its preliminary 
results of Structural Steel Beams From the Republic of Korea: 
Preliminary Results of Antidumping Duty Administrative Review for 
Structural Steel Beams From the Republic of Korea, 67 FR 57574 
(September 11, 2002) (``Preliminary Results''). In the Preliminary 
Results, we stated that we would seek additional information related to 
INI and its affiliation with Hyundai U.S.A. in order to, inter alia, 
understand M. K. Jung's control over INI and that we would allow 
interested parties to comment on this new information before making a 
final determination. On September 20, 2002, the Department issued a 
supplemental questionnaire requesting additional information on 
corporate structure and affiliation. On October 9, 2002, INI filed its 
supplemental questionnaire response. On October 18, 2002, petitioners 
(Nucor Corp., Nucor-Yamato Steel Co., TXI-Chaparral Steel Co.) filed 
comments and factual information on INI's October 9, 2002, response.
    We invited parties to comment on these preliminary results. We 
received written comments on October 30, 2002, from petitioners and 
INI. On November 6, 2002, we received rebuttal comments from 
petitioners and INI. We have now completed the administrative review in 
accordance with section 751 of the Act.

Scope of the Review

    The products covered by this investigation are 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 products 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 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: structural 
steel beams greater than 400 pounds per linear foot or with a web or 
section height (also known as depth) over 40 inches.
    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, 7228.70.6000. Although the HTSUS subheadings are provided 
for convenience and Customs purposes, the written description of the 
merchandise is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the ``Issues and Decision 
Memorandum'' (``Decision Memorandum'') from Joseph A. Spetrini, Deputy 
Assistant Secretary, Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated January 9, 2003, 
which is hereby adopted by this notice. A list of the issues which 
parties have raised and to which we have responded, all of which are in 
the Decision Memorandum, is attached to this notice as an Appendix. 
Parties can find a complete discussion of all issues raised in this 
review and the corresponding recommendations in this public memorandum 
which is on file in the Central Records Unit, Room B-099 of the main 
Department building. In addition, a complete version of the Decision 
Memorandum can be accessed directly on the Web at http://ia.ita.doc.gov/. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Sales Below Cost

    We disregarded sales below cost for INI during the course of the 
review. See Preliminary Results.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made changes in 
the margin calculations for INI. The changes to the margin calculations 
are listed below:

INI

[sbull] We revised INI's imputed credit expenses for its U.S. sales 
upward by the percentage difference between INI's U.S. dollar short-
term interest rate and Hyundai U.S.A.'s U.S. dollar short-term interest 
rate. See Comment 3.
[sbull] We revised the adjustment to the imputed credit offset used to 
determine a portion of indirect selling expenses based on our 
determination to adjust INI's imputed credit expenses upward by the 
percentage difference between INI's and Hyundai U.S.A.'s U.S. dollar 
short-term interest rate. See Comment 3.
[sbull] We reversed our decision in the Preliminary Results and now 
determine that the verification report incorrectly stated that the 
entered value for a particular transaction was wrong. Therefore, for 
the final results, we modified our margin program and we did not reduce 
the entered value for this particular transaction. See Comment 4.
[sbull] We revised INI's gross unit price to include interest revenue 
instead of as an offset to direct expenses. See Comment 6.

Final Results of Review

    We determine that the following percentage margin exists for the 
period February 11, 2000 through July 31, 2001:

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                    Structural Steel Beams from Korea
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            Manufacturer/exporter/reseller              Margin (percent)
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INI..................................................               1.87
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Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR 351.212(b)(1), we have calculated an exporter/importer (or 
customer)-specific assessment rate for merchandise subject to this 
review. The Department will issue appraisement instructions directly to 
the Customs Service within 15 days

[[Page 2501]]

of publication of these final results of review. We will direct the 
Customs Service to assess the resulting assessment rates against the 
entered customs values for the subject merchandise on each of the 
importer's/customer's entries during the review period.

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of structural steel beams from the Republic of Korea 
entered, or withdrawn from warehouse, for consumption on or after the 
date of publication, as provided by section 751(a)(1) of the Act: (1) 
the cash deposit rate for each of the reviewed companies will be the 
rate listed in the final results of review (except that if the rate for 
a particular product is de minimis, i.e., less than 0.5 percent, no 
cash deposit will be required for that company) see 19 CFR 
351.106(c)(1); (2) for previously investigated companies not listed 
above, the cash deposit rate will continue to be the company-specific 
rate published for the most recent period; (3) if the exporter is not a 
firm covered in this review, a prior review, or the original less than 
fair value (``LTFV'') investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (4) the cash deposit rate 
for all other manufacturers or exporters will continue to be the ``all 
others'' rate of 37.21 percent, which is the all others rate 
established in the LTFV investigation.
    These deposit requirements shall remain in effect until publication 
of the final results of the next administrative review.

Notification of Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties or countervailing 
duties prior to liquidation of the relevant entries during this review 
period. Failure to comply with this requirement could result in the 
Secretary's presumption that reimbursement of the antidumping duties or 
countervailing duties occurred and the subsequent assessment of double 
antidumping duties or countervailing duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305, which continues 
to govern business proprietary information in this segment of the 
proceeding. Timely written notification of the return/destruction of 
APO materials or conversion to judicial protective order is hereby 
requested. Failure to comply with the regulations and terms of an APO 
is a violation which is subject to sanction.
    We are issuing and publishing this determination and notice in 
accordance with sections 751(a)(1) and 771(i) of the Act.

    Dated: January 9, 2003.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix 1-- Issues In The Decsision Memorandum

Comment 1: Affiliation between INI and Hyundai U.S.A./Hyundai 
Corporation
Comment 2: Reimbursement Provisions when INI is both Exporter and 
Importer
Comment 3: Recalculation of U.S. Imputed Credit Expenses (for field 
CREDIT2U) Using Hyundai U.S.A.'s Interest Rate
Comment 4: Entered Value for Certain Observations
Comment 5: INI's Cost of Production
Comment 6: Interest Revenue on Home Market Sales
Comment 7: Payment Date Cap For Certain Sales After the Sale Date
Comment 8: Ministerial Error in the Draft Liquidation Instructions
Comment 9: Issuance of Automatic Liquidation Instructions for Non-
reviewed Companies
[FR Doc. 03-1150 Filed 1-16-03; 8:45 am]
BILLING CODE 3510-DS-S