[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Notices]
[Pages 7200-7202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3255]


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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 of structural steel beams from the Republic of Korea.

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SUMMARY: On September 9, 2003, 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 (68 FR 53129). This 
review covers imports of subject merchandise from Dongkuk Steel Mill 
Co., Ltd. (``DSM'') and INI Steel Company (``INI''). The period of 
review (``POR'') is August 1, 2001 through July 31, 2002.
    Based on our analysis of the comments received, we have made 
changes in the margin calculations to DSM. Therefore, the final results 
differ from the preliminary results of review. The final weighted-
average dumping

[[Page 7201]]

margin for both DSM and INI is listed below in the section entitled 
``Final Results of the Review.''

EFFECTIVE DATE: February 13, 2004.

FOR FURTHER INFORMATION CONTACT: Aishe Allen (DSM) and Michael Holton 
(INI), Enforcement Group III--Office 9, Import Administration, 
International Trade Administration, U.S. Department of Commerce, 14th 
and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 
482-0172 and (202) 482-1324, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 9, 2003, 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, 68 FR 53129 
(September 9, 2003) (``Preliminary Results'').
    We invited parties to comment on our preliminary results of review. 
We received written comments on October 24, 2003, from petitioners, DSM 
and INI. On October 30, 2003, we received rebuttal comments from 
petitioners, DSM and INI. We have now completed the administrative 
review in accordance with section 751 of the Tariff Act of 1930, as 
amended (``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 8 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, 7228.70.60000. Although the HTSUS subheadings are 
provided for conveniences and Customs purposes, the written description 
of the merchandise is dispositve.

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, Group III, to James J. 
Jochum, Assistant Secretary for Import Administration, dated February 
6, 2004, 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 both DSM and 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 DSM. The changes to the margin calculations 
are listed below:

DSM

     For the final results, we revised indirect 
selling expenses for DSM's affiliated company in Korea, Dongkuk 
Industries Company, (``DKI''), by applying DKI's indirect selling 
expense ratio to the correct gross unit price. We calculated the ratio 
by dividing DKI's selling expenses by its total sales value, the 
resulting ratio was then applied to an amount corresponding to DKI's 
sales value. The sales value amount was calculated by adding entered 
value and international freight for each transaction.

Final Results of Review

    We determine that the following percentage margin exists for the 
period August 1, 2001 through July 31, 2002:

                    Structural Steel Beams From Korea
------------------------------------------------------------------------
                                                                Margin
               Manufacturer/exporter/reseller                  (percent)
------------------------------------------------------------------------
DSM.........................................................        0.04
INI.........................................................        4.15
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (``Customs'') 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 Customs within 15 days of 
publication of these final results of review. We will direct Customs 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 of 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 above (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 the company) see 19 CFR 351.106(c)(1); (2) for previously 
investigated or reviewed 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.

[[Page 7202]]

    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: February 6, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.

Appendix 1--Issues in the Decision Memorandum

Comment 1: INI's Sales Outside of Ordinary Course of Trade
Comment 2: DSM's Sales Outside of Ordinary Course of Trade
Comment 3: DSM's Affiliation with DKI
Comment 4: DSM's Indirect Selling Expenses

[FR Doc. 04-3255 Filed 2-12-04; 8:45 am]
BILLING CODE 3510-DS-M