Import Administration, International Trade Administration, Department of Commerce.
Notice of final determination of sales at less than fair value.
On December 28, 2001, the Department of Commerce published its preliminary determination of sales at not less than fair value of structural steel beams from Spain. The period of investigation is April 1, 2000, through March 31, 2001.
Based on our analysis of the comments received, we have made changes in the margin calculations. Therefore, the final determination differs from the preliminary determination. The final weighted-average dumping margins are listed below in the section entitled “Final Determination Margins.”Start Printed Page 35483
May 20, 2002.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mike Strollo, AD/CVD Enforcement Group I, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-0629.End Further Info End Preamble Start Supplemental Information
The Applicable Statute and Regulations
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 regulations of the Department of Commerce (the Department) are to 19 CFR Part 351 (April 2001).
We determine that structural steel beams from Spain are being, or are likely to be, sold in the United States at less than fair value (LTFV), as provided in section 735 of the Act.
The preliminary determination in this investigation was issued on December 19, 2001. See Notice of Preliminary Determination of Sales at Not Less Than Fair Value and Postponement of Final Determination: Structural Steel Beams From Spain, 66 FR 66207 (Dec. 28, 2001) (Preliminary Determination).
From January through March 2002, we conducted verification of the questionnaire responses of the sole respondent in this case, Aceralia Corporacion Siderurgica, S.A. (Aceralia).
In April 2002, we received case and rebuttal briefs from the petitioners (the Committee for Fair Beam Imports and its individual members) and Aceralia. The Department held a public hearing on April 16, 2002, at the request of the petitioners and Aceralia.
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 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, 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.
Prior to the preliminary determination in this case, interested parties in this and the concurrent structural steel beams investigations requested that the following products be excluded from the scope of the investigations: (1) beams of grade A913/65 and (2) forklift mast profiles. We preliminarily found that both products fell within the scope of this investigation. Because we have received no further scope comments in this proceeding, we are making a final determination that these products fall within the scope of this investigation.
Period of Investigation
The period of investigation is April 1, 2000, through March 31, 2001, which corresponds to Aceralia's four most recent fiscal quarters prior to the month of the filing of the petition (i.e., May 2001).
Analysis of Comments Received
All issues raised in the case briefs by parties to this proceeding and to which we have responded are listed in the Appendix to this notice and addressed in the Decision Memorandum, which is adopted by this notice. Parties can find a complete discussion of the issues raised in this investigation and the corresponding recommendations 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/index.html. The paper copy and electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Determination
Based on our analysis of comments received, we have made certain changes to the margin calculations. For a discussion of these changes, see the “Margin Calculations” section of the Decision Memorandum.
As provided in section 782(i) of the Act, we verified the information submitted by the respondent for use in our final determination. We used standard verification procedures including examination of relevant accounting records, production records, and original source documents provided by the respondent.
Final Determination Margins
We determine that the following percentage weighted-average margins exist:
|Aceralia Corporacion Siderurgica, S.A.||5.19|
In accordance with section 735(c)(5)(A), we have based the “all others” rate on the dumping margin found for the sole producer/exporter investigated in this proceeding, Aceralia.
Suspension of Liquidation
In accordance with section 735(c)(1)(B) of the Act, we are directing the Customs Service to suspend liquidation of all entries of structural steel beams from Spain that are entered, or withdrawn from warehouse, for consumption on or after the publication date of this final determination. The Customs Service shall require a cash deposit or the posting of a bond based on the estimated weighted-average dumping margins shown above. The suspension of liquidation instructions will remain in effect until further notice.
In accordance with section 735(d) of the Act, we have notified the Start Printed Page 35484International Trade Commission (ITC) of our determination. As our final determination is affirmative, the ITC will determine, within 75 days, whether these imports are causing material injury, or threat of material injury, to an industry in the United States. If the ITC determines that material injury or threat of injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing Customs officials to assess antidumping duties on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
This notice serves as the only reminder to parties subject to administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely written 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 this determination and notice in accordance with sections section 735(d) and 777(i) of the Act.Start Signature
Dated: May 13, 2002
Assistant Secretary for Import Administration.
Appendix Issues in the Decision Memorandum
Comment 1:-Level of Trade in the Home Market
Comment 2:-Level of Trade for U.S. Sales/CEP Offset
Comment 3:-Arm's Length Test
Comment 4:-Strength Codes
Comment 5:-Billing Adjustments----
Comment 6:-Home Market Rebates
Comment 7: -Home Market and U.S. Freight Expenses
Comment 8:-Inland Freight Expenses of the Affiliated Resellers
Comment 9:-Home Market Credit Expenses
Comment 10:-U.S. Rebates
Comment 11:-U.S. Brokerage and Handling Expenses
Comment 12:-U.S. Indirect Selling Expenses of Arbed Americas
Comment 13:-Interest Expenses Included in U.S. Indirect Selling Expenses
Comment 14:-Clerical Errors in the Preliminary Determination
Comment 15:-Calculation of the Overall Dumping Margin
Comment 16:-Calculation of Raw Materials Costs
Comment 17: -Exchange Gains and Losses
Comment 18:-Acceptance of Revised Sales DatabasesEnd Supplemental Information
[FR Doc. 02-12592 Filed 5-17-02; 8:45 am]
BILLING CODE 3510-DS-S