MESSAGE NO: 2032205 DATE: 02 01 2002
CATEGORY: ADA TYPE: PRE
REFERENCE: 2007209 REFERENCE DATE: 01 07 2002
CASES: A - 423 - 810 - -
- - - -
- - - -

PERIOD COVERED: 12 28 2001 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: AMENDED PRELIMINARY DETERMINATION IN THE ANTIDUMPING
INVESTIGATION OF STRUCTURAL STEEL BEAMS FROM LUXEMBOURG
(A-423-810)


1. THE DEPARTMENT OF COMMERCE PUBLISHED IN THE FEDERAL REGISTER
ON 01/31/02, ITS AMENDED PRELIMINARY DETERMINATION OF SALES AT
NOT LESS THAN FAIR VALUE IN THE ANTIDUMPING DUTY INVESTIGATION OF
STRUCTURAL STEEL BEAMS FROM LUXEMBOURG. THIS IS AN AMENDMENT OF
MESSAGE 2007209 ON JANUARY 7, 2002.

2. FOR PURPOSES OF THIS INVESTIGATION, 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 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.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-423-810.

4. THE DEPARTMENT OF COMMERCE FOUND THAT CORRECTIONS OF
MINISTERIAL ERRORS MADE IN ITS ORIGINAL PRELIMINARY
DETERMINATION RESULTED IN A REVERSE FINDING THAT SALES WERE NOT
MADE AT LESS THAN FAIR VALUE. THEREFORE, CUSTOMS IS DIRECTED TO
TERMINATE THE SUSPENSION OF LIQUIDATION FOR SHIPMENTS OF
STRUCTURAL STEEL BEAMS ENTERED, OR WITHDRAWN FROM WAREHOUSE FOR
CONSUMPTION, ON OR AFTER DECEMBER 28, 2001, AND TO RELEASE ANY
BOND OR OTHER SECURITY, AND TO REFUND ANY CASH DEPOSIT. INTEREST
PROVISIONS OF SECTION 778 OF THE TARIFF ACT OF 1930 DO NOT APPLY.

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT DAVID GOLDBERGER OR MARGARITA PANAYI,
OFFICE OF AD/CVD ENFORCEMENT, IMPORT ADMINISTRATION,
INTERNATIONAL TRADE ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE,
AT (202) 482-4136 OR (202) 482-0049, RESPECTIVELY.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ