[Federal Register Volume 70, Number 174 (Friday, September 9, 2005)]
[Notices]
[Pages 53633-53634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4941]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-588-852, A-580-841]


Structural Steel Beams from Japan and South Korea; Final Results 
of Expedited Sunset Reviews of the Antidumping Duty Orders

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 antidumping duty orders on structural 
steel beams (steel beams) from Japan and South Korea, pursuant to 
section 751(c) of the Tariff Act of 1930, as amended, (the Tariff Act). 
On the basis of the notice of intent to participate and adequate 
substantive responses filed on behalf of the domestic interested 
parties and inadequate responses from respondent interested parties, 
the Department conducted expedited sunset reviews. As a result of these 
sunset reviews, the Department finds that revocation of the antidumping 
duty orders would likely lead to continuation or recurrence of dumping 
at the levels listed below in the section entitled ``Final Results of 
Reviews.''

EFFECTIVE DATE: September 9, 2005.

FOR FURTHER INFORMATION CONTACT: Dana Mermelstein, AD/CVD Operations, 
Office 6, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, 
Washington, DC 20230, telephone (202) 482-1391.

SUPPLEMENTARY INFORMATION:

Background

    On May 2, 2005, the Department initiated sunset reviews of the 
antidumping duty orders on steel beams from Japan and South Korea, 
pursuant to section 751(c) of the Tariff Act. See Initiation of Five-
year (``Sunset'') Reviews, 70 FR 22632 (May 2, 2005). The Department 
received notices of intent to participate from the domestic interested 
parties, Committee for Fair Beam Imports, Nucor Corp., Nucor-Yamoto 
Steel Co., Steel Dynamics, Inc., and TXI-Chaparral Steel, Inc. 
(collectively, domestic interested parties), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations. 
Domestic interested parties claimed interested party status under 
section 771(9)(C) of the Tariff Act as U.S. producers of a domestic 
like product. We received a complete substantive response from the 
domestic interested parties within the 30-day deadline specified in 19 
CFR 351.218(d)(3)(i). However, we did not receive responses from any 
respondent interested parties. As a result, pursuant to section 
751(c)(3)(B) of the Tariff Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the 
Department conducted expedited sunset reviews of these orders.

Scope of the Orders

    For purposes of this review, the products covered 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 review unless otherwise 
excluded. The following products, are outside and/or specifically 
excluded from the scope of this review: 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 review 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,\1\ 7216.99.0000,\2\ 
7228.70.3040,\3\ 7228.70.6000. Although

[[Page 53634]]

the HTSUS subheadings are provided for convenience and U.S. Customs and 
Border Protection (CBP) purposes, the written description of the 
merchandise under review is dispositive.
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    \1\ HTSUS subheading 7216.91.0000 was no longer in use as of 
2004, and was replaced by 7216.91.0010 and 7216.91.0090 in that 
year.
    \2\ HTSUS subheading 7216.99.0000 was no longer in use as of 
2004, and was replaced by 7216.99.0010 and 7216.99.0090 in that 
year.
    \3\ HTSUS subheading 7228.70.3040 was no longer in use as of 
2005. What was previously covered by that number is now covered with 
in 7228.70.3010 and 7228.70.3041 starting in 2005.
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Analysis of Comments Received

    All issues raised in these cases are addressed in the ``Issues and 
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 
(Decision Memorandum), which is hereby adopted by this notice. The 
issues discussed in the Decision Memorandum include the likelihood of 
continuation or recurrence of dumping and the magnitude of the margin 
likely to prevail if the orders were revoked. Parties can find a 
complete discussion of all issues raised in these sunset reviews and 
the corresponding recommendations in this public memorandum, which is 
on file in 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, under the 
heading ``September 2005.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on 
steel beams from Japan and South Korea would likely lead to 
continuation or recurrence of dumping at the following percentage 
weighted-average margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (Percent)
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Japan...............................................
Kawasaki Steel Corporation..........................               65.21
Nippon Steel Corporation............................               65.21
NKK Corporation/TOA Steel Co., Ltd..................               65.21
Sumitomo Metals Industries, Ltd.....................               65.21
Tokyo Steel Manufacturing Co., Ltd..................               65.21
Topy Industries, Limited............................               65.21
All Others..........................................               31.98
South Korea.........................................
INI Steel Company...................................               25.31
All Others..........................................               37.25
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    This notice also serves as the only reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305 of the 
Department's regulations. Timely notification of the return or 
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 these results and notice in 
accordance with sections 751(c), 752, and 777(i)(1) of the Tariff Act.

    Dated: August 30, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-4941 Filed 9-8-05; 8:45 am]
BILLING CODE 3510-DS-S