70 FR 53167, September 7, 2005
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 https://enforcement.trade.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