[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53167-53168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4869]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(C-580-842)


Final Results of Expedited Sunset Review of the Countervailing 
Duty Order: Structural Steel Beams from South Korea

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 2, 2005, the Department of Commerce (``the 
Department'') initiated a sunset review of the countervailing (``CVD'') 
duty order on structural steel beams from South Korea pursuant to 
section 751(c) of the Tariff Act of 1930, as amended (``the Act''). See 
Initiation of Five-year (``Sunset'') Reviews, 70 FR 22632 (May 2, 
2005). On the basis of a notice of intent to participate and an 
adequate substantive response filed on behalf of the domestic 
interested parties and inadequate response (in this case, no response) 
from respondent interested parties, the Department determined to 
conduct an expedited sunset review of this CVD order pursuant to 
section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(B). As a 
result of this sunset review, the Department finds that revocation of 
the CVD order would be likely to lead to continuation or recurrence of 
a countervailable subsidy at the level indicated in the ``Final Results 
of Review'' section of this notice.

EFFECTIVE DATE: September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Tipten Troidl or David Goldberger, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-1767 or (202) 
482-4136, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department initiated a sunset review of the CVD 
order on structural steel beams from South Korea pursuant to section 
751(c) of the Act. See Initiation of Five-year (``Sunset'') Reviews, 70 
FR 22632 (May 2, 2005). The Department received a notice of intent to 
participate from the following domestic interested parties: the 
Committee for Fair Beam Imports and its individual members including 
Nucor Corp. (``Nucor''), Nucor-Yamato Steel Co. (``Nucor-Yamato''), 
Steel Dynamics, Inc. (``SDI''), and TXI-Chaparral Steel, Inc. (``TXI'') 
(collectively, ``domestic interested parties''), within the deadline 
specified in 19 CFR 351.218(d)(1)(i). The domestic interested parties 
claimed interested party status under sections 771(9)(C) and (E) of the 
Act, as an ad-hoc association which is comprised of domestic producers 
of the subject merchandise.
    The Department received a complete substantive response 
collectively from the domestic interested parties within the 30-day 
deadline specified in 19 CFR 351.218(d)(3)(i). However, the Department 
did not receive a substantive response from any respondent interested 
party to this proceeding. As a result, pursuant to section 751(c)(3)(B) 
of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted 
an expedited review of this CVD order.

Scope of the Order

    The merchandise covered by this CVD order 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 (``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 products that meet the physical and metallurgical descriptions 
provided above are within the scope of this order unless otherwise 
excluded. The following products are outside and/or specifically 
excluded from the scope of this order: 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 order is currently classifiable in 
the Harmonized Tariff Schedule of the United States (``HTSUS'') at

[[Page 53168]]

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 in this order is dispositive.

Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and 
Decision Memorandum (``Decision Memorandum'') from Barbara E. Tillman, 
Acting Deputy Assistant Secretary for Import Administration, to Joseph 
A. Spetrini, Acting Assistant Secretary for Import Administration, 
dated August 30, 2005, which is hereby adopted by this notice. Parties 
can find a complete discussion of all issues raised in this review and 
the corresponding recommendation in this public memorandum which is on 
file in the Central Records Unit room B-099 of the main Commerce 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    The Department determines that revocation of the CVD order would be 
likely to lead to continuation or recurrence of a countervailable 
subsidy at the rates listed below:

------------------------------------------------------------------------
                                                              Net
                 Producers/Exporters                    Countervailable
                                                       Subsidy (percent)
------------------------------------------------------------------------
Kangwon Industries..................................                3.88
Dongkuk Steel Mill Co., Ltd.........................                1.34
All Others..........................................                3.87
------------------------------------------------------------------------

Notification Regarding Administrative Protective Order

    This notice serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. Timely 
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 the results and notice in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4869 Filed 9-6-05; 8:45 am]
BILLING CODE 3510-DS-S