[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44218-44220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17486]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-832, C-351-833, A-560-815, A-201-830, A-841-805, A-274-804, A-
823-812]
Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia,
Mexico, Moldova, Trinidad and Tobago, and Ukraine: Continuation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2007, the Department of Commerce (``the
Department'') initiated sunset reviews of the antidumping duty (``AD'')
orders on carbon and certain alloy steel wire rod (``wire rod'') from
Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine;
and the countervailing duty (``CVD'') order on wire rod from Brazil.
See Initiation of Five-year (``Sunset'') Reviews, 72 FR 50659
(September 4, 2007). As a result of the determinations by the
Department and the U.S. International Trade Commission (``ITC'') that
revocation of the AD orders on wire rod from Brazil, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine, and the CVD order on wire
rod from Brazil would likely lead to continuation or recurrence of
dumping and countervailable subsidies, and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of these AD and CVD orders.
DATES: Effective Date: July 30, 2008.
FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0116 and 482-
0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 22, 2002, the Department published the CVD orders on
wire rod from Brazil and Canada. See Notice of Countervailing Duty
Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil and Canada,
67 FR 64871 (October 22, 2002). Additionally, the Department published
the AD orders on wire rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine on October 29, 2002. See Notice of
Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from
Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine,
67 FR 65945 (October 29, 2002). On January 23, 2004, the CVD order on
wire rod from Canada was revoked, pursuant to a changed circumstance
review. See 69 FR 3330 (January 23, 2004).
On September 4, 2007, the Department initiated and the ITC
instituted sunset reviews of the AD orders on wire rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, and the
CVD order on wire rod from Brazil pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-
year Sunset Reviews, 72 FR at 50659; see also Carbon and Certain Alloy
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 72 FR 50696 (September 4, 2007).
Additionally, on December 28, 2007, the ITC determined to conduct full
five-year reviews concerning the CVD and AD orders. See Carbon and
Certain Alloy Steel Wire Rod From Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine, 72 FR 73880 (December 28,
2007).
As a result of its reviews, the Department found that revocation of
the AD and CVD orders would likely lead to continuation or recurrence
of dumping and countervailable subsidies, and notified the ITC of the
magnitude of the margins and net countervailable subsidies likely to
prevail were the orders to be revoked. See Carbon and Certain Alloy
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders, 73 FR 1321 (January 8, 2008)
and accompanying Issues and Decision Memorandum; see also Carbon and
Certain Alloy Steel Wire Rod from Brazil: Final Results of Expedited
Five-year Sunset Review of the Countervailing Duty Order, 73 FR 1323
(January 8, 2008) and accompanying Issues and Decision Memorandum.
On July 17, 2008, the ITC published its determination pursuant to
section 751(c) of the Act, that revocation of the AD orders on wire rod
from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine, and the CVD order on wire rod from Brazil would likely lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time. See ITC Final
Determination: Carbon and Certain Alloy Steel Wire Rod from Brazil,
Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine,
Investigation Nos. 701-TA-417 and
[[Page 44219]]
731-TA-953, 954, 957-959, 961, and 962 (Review) 73 FR 41116 (July 17,
2008) (``ITC Wire Rod Final Determination''); and Carbon and Certain
Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, USITC Publication 4014, Investigation
Nos. 701-TA-417 and 731-TA-953, 954, 957-959, 961, and 962 (Review)
(June 2008).
With respect to the AD order on wire rod from Canada, the ITC
determined that revocation of order would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, pursuant to section
751(c) of the Act. See ITC Wire Rod Final Determination. Therefore,
pursuant to section 751(d)(2) of the Act and 19 CFR 351.222(i)(1)(iii),
the Department is revoking the AD order on wire rod from Canada in a
separate Federal Register notice.
Scope of the Orders
The merchandise subject to these orders is certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid
cross-sectional diameter.
Specifically excluded are steel products possessing the above-noted
physical characteristics and meeting the Harmonized Tariff Schedule of
the United States (``HTSUS'') definitions for (a) Stainless steel; (b)
tool steel; (c) high nickel steel; (d) ball bearing steel; and (e)
concrete reinforcing bars and rods. Also excluded are (f) free
machining steel products (i.e., products that contain by weight one or
more of the following elements: 0.03 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or more of sulfur, more than
0.04 percent of phosphorus, more than 0.05 percent of selenium, or more
than 0.01 percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. Grade 1080 tire cord
quality rod is defined as: (i) Grade 1080 tire cord quality wire rod
measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional
diameter; (ii) with an average partial decarburization of no more than
70 microns in depth (maximum individual 200 microns); (iii) having no
non-deformable inclusions greater than 20 microns and no deformable
inclusions greater than 35 microns; (iv) having a carbon segregation
per heat average of 3.0 or better using European Method NFA 04-114; (v)
having a surface quality with no surface defects of a length greater
than 0.15 mm; (vi) capable of being drawn to a diameter of 0.30 mm or
less with 3 or fewer breaks per ton, and (vii) containing by weight the
following elements in the proportions shown: (1) 0.78 percent or more
of carbon, (2) less than 0.01 percent of aluminum, (3) 0.040 percent or
less, in the aggregate, of phosphorus and sulfur, (4) 0.006 percent or
less of nitrogen, and (5) not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium.
Grade 1080 tire bead quality rod is defined as: (i) Grade 1080 tire
bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm
in cross-sectional diameter; (ii) with an average partial
decarburization of no more than 70 microns in depth (maximum individual
200 microns); (iii) having no non-deformable inclusions greater than 20
microns and no deformable inclusions greater than 35 microns; (iv)
having a carbon segregation per heat average of 3.0 or better using
European Method NFA 04-114; (v) having a surface quality with no
surface defects of a length greater than 0.2 mm; (vi) capable of being
drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per
ton; and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of
nitrogen, and (5) either not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium (if chromium is not specified), or not
more than 0.10 percent in the aggregate of copper and nickel and a
chromium content of 0.24 to 0.30 percent (if chromium is specified).
For purposes of grade 1080 tire cord quality wire rod and grade 1080
tire bead quality wire rod, an inclusion will be considered to be
deformable if its ratio of length (measured along the axis--that is,
the direction of rolling of the rod) over thickness (measured on the
same inclusion in a direction perpendicular to the axis of the rod) is
equal to or greater than three. The size of an inclusion for purposes
of the 20 microns and 35 microns limitations is the measurement of the
largest dimension observed on a longitudinal section measured in a
direction perpendicular to the axis of the rod. This measurement
methodology applies only to inclusions on certain grade 1080 tire cord
quality wire rod and certain grade 1080 tire bead quality wire rod that
are entered, or withdrawn from warehouse, for consumption on or after
July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise intended for the tire cord, tire
bead, or other rubber reinforcement applications is not included in the
scope. However, should petitioners or other interested parties provide
a reasonable basis to believe or suspect that there exists a pattern of
importation of such products for other than those applications; end-use
certification for the importation of such products may be required.
Under such circumstances, only the importers of record would normally
be required to certify the end use of the imported merchandise. All
products meeting the physical description of subject merchandise that
are not specifically excluded are included in this scope.
The products subject to this order are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093,
7213.91.4500, 7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0030,
7227.20.0080, 7227.90.6010, 7227.90.6020, and 7227.90.6085 of the
HTSUS. Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
proceeding is dispositive.\1\
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\1\ Effective July 1, 2008, U.S. Customs and Border Protection
(``CBP'') reclassified certain HTSUS numbers related to the subject
merchandise. See http: //hotdocs.usitc.gov/tariff--chapters--
current/toc.html.
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Determination
As a result of the determinations by the Department and the ITC
that revocation of these AD and CVD orders would likely lead to
continuation or recurrence of dumping and countervailable subsidies; as
well as material injury to an industry in the United States, pursuant
to section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD orders on wire rod from Brazil, Indonesia,
Mexico, Moldova, Trinidad and Tobago, and Ukraine, and the CVD order on
wire rod from Brazil. Therefore, CBP will continue to collect AD and
CVD cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of continuation of these orders will be the date
of publication in the Federal Register of this Notice of Continuation.
Pursuant to section 751(c)(2) of the Act, the
[[Page 44220]]
Department intends to initiate the next five-year review of these
orders not later than June 2013.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act. This notice is published pursuant to
751(c) and 771(i) of the Act and 19 CFR 351.218(f)(4).
Dated: July 23, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17486 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-P