================================================================================ FORM 8-K SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 -------------------- CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report: August 14, 2002 Commission File Number 1-13123 METALS USA, INC. (Exact name of Registrant as Specified in its Charter) DELAWARE 76-0533626 (State or other jurisdiction (I.R.S. Employer of incorporation or organization) Identification Number) THREE RIVERWAY, SUITE 600 77056 HOUSTON, TEXAS (Zip Code) (Address of Principal Executive Offices) Registrant's telephone number, including area code: (713) 965-0990 ================================================================================ METALS USA, INC. FORM 8-K ITEM 9. REGULATION FD DISCLOSURE Today, the principal executive officer and the principal financial officer of Metals USA, Inc., a Delaware corporation (the "Company") delivered their sworn statements to the Securities and Exchange Commission as required by SEC Order 4-460 (dated June 27, 2002). The sworn statements of J. Michael Kirksey, Chairman of the Board, President and Chief Executive Officer, and Terry L. Freeman, Senior Vice President, Treasurer and Chief Accounting Officer, (Principal Financial Officer) are attached to this report as Exhibits 99.1 and 99.2. EXHIBIT INDEX: ITEM DESCRIPTION ---- ----------- 99.1 Statement Under Oath of J. Michael Kirksey, Principal Executive Officer of Metals USA, Inc. Regarding Facts and Circumstances Relating to Exchange Act Filings (as delivered to the SEC on August 14, 2002) 99.2 Statement Under Oath of Terry L. Freeman, Principal Financial Officer of Metals USA, Inc., Regarding Facts and Circumstances Relating to Exchange Act Filings (as delivered to the SEC on August 14, 2002) SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned thereunto duly authorized, who has signed this report on behalf of the Registrant. METALS USA, INC. Date: August 14, 2002 By: /s/ Terry L. Freeman -------------------------------------- Terry L. Freeman Senior Vice President, Treasurer and Chief Accounting Officer 2