[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8650-8651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3884]
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-274-804)
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago;
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 9, 2009, the Department of Commerce (the
Department) published in the Federal Register the preliminary results
of the administrative review of the antidumping duty order on carbon
and certain alloy steel wire rod from Trinidad and Tobago. See Carbon
and Certain Alloy Steel Wire Rod From Trinidad and Tobago; Preliminary
Results of Antidumping Duty Administrative Review, 74 FR 57648
(November 9, 2009) (Preliminary Results). We gave interested parties an
opportunity to comment on the Preliminary Results, and received no
comments.
EFFECTIVE DATE: February 25, 2010.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or Jolanta Lawska, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
5973 or (202) 482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2009, the Department published the preliminary
results of administrative review of the antidumping duty order covering
carbon and certain alloy steel wire rod from Trinidad and Tobago. See
Preliminary Results. The parties subject to this review are
ArcelorMittal Point Lisas Limited, and its affiliate ArcelorMittal
International America LLC (collectively, AMPL). The petitioners in this
proceeding are ISG Georgetown Inc., Nucor Steel Connecticut Inc.,
Keystone Consolidated Industries Inc., and Rocky Mountain Steel Mills.
In the Preliminary Results, the Department stated that interested
parties were to submit case briefs within 30 days of publication of the
Preliminary Results and rebuttal briefs within five days of the due
date for filing case briefs. See Preliminary Results at 57652. No
interested party submitted a case or rebuttal brief. We have made no
changes since the Preliminary Results were published.
Period of Review
The period of review (POR) is October 1, 2007, through September
30, 2008.
Scope of the Order
The merchandise subject to this order 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
[[Page 8651]]
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 merchandise subject to this order are classifiable under
subheadings 7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092,
7213.91.3093,\1\ 7213.91.4500, 7213.91.4510, 7213.91.4590,
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031,
7213.99.0038, 7213.99.0090, 7227.20.0000,\2\ 7227.20.0010,
7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095,
7227.90.6010, 7227.90.6020, 7227.90.6085, 7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058, 7227.90.6059, and 7227.90.6080 of the
HTSUS. Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this order is
dispositive.\3\
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\1\ As a result of a typographical error, this HTSUS subheading
appeared as ``721.39.3093'' in the Preliminary Results.
\2\ As a result of a typographical error, this HTSUS subheading
appeared as ``7227.20.000'' in the Preliminary Results.
\3\ Effective July 1, 2008, U.S. Customs and Border Protection
(CBP) reclassified certain HTSUS numbers related to the subject
merchandise. See http://www.usitc.gov/publications/docs/tata/hts/bychapter/0810chgs.pdf.
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Final Results of Review
The Department has determined that the following margins exist for
the period October 1, 2007, through September 30, 2008:
------------------------------------------------------------------------
Weighted Average
Manufacturer / Exporter Margin (percentge)
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AMPL................................................ 23.95
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Assessment Rates
Pursuant to these final results, the Department has determined, and
CBP shall assess, antidumping duties on all appropriate entries. The
Department intends to issue assessment instructions for AMPL to CBP 15
days after the date of publication of these final results. Pursuant to
19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the
total amount of the dumping margins calculated for the examined sales
to the total entered value of those same sales. We will instruct CBP to
assess antidumping duties on all appropriate entries covered by this
review if any importer-specific (or customer-specific) assessment rates
calculated in the final results of this review are above de minimis.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
of Antidumping Duties). This clarification will apply to entries of
subject merchandise during the POR produced by AMPL for which AMPL did
not know the merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate un-reviewed entries at the
11.40 percent all-others rate if there is no company-specific rate for
an intermediary involved in the transaction. 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, 65947 (October 29, 2002) (Wire Rod Orders) (establishing an all-
others rate of 11.40 percent). See Assessment of Antidumping Duties for
a full discussion of this clarification.
Cash Deposit Requirements
Furthermore, the following deposit requirements will be effective
upon publication of these final results for all shipments of wire rod
from Trinidad and Tobago entered, or withdrawn from warehouse, for
consumption on or after the publication date of the final results of
this administrative review, as provided by section 751(a)(1) of the
Tariff Act of 1930, as amended (the Act): (1) the cash deposit rate for
AMPL will be the rate established in the final results of review; (2)
if the exporter is not a firm covered in this review or the less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent period
for the manufacturer of the merchandise; and (3) if neither the
exporter nor the manufacturer is a firm covered in this or any previous
review conducted by the Department, the cash deposit rate will be the
all-others rate of 11.40 percent ad valorem from the LTFV
investigation. See Wire Rod Orders at 65947. These deposit
requirements, when imposed, shall remain in effect until further
notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which
continues to govern business proprietary information in this segment of
the proceeding. Timely written notification of the return/destruction
of APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this notice in accordance with
sections 751(a)(1) and 777(i) of the Act.
Dated: February 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-3884 Filed 2-24-10; 8:45 am]
BILLING CODE 3510-DS-S