Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago, 12648-12651 [E5-1128]

Download as PDF 12648 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices Issues To Be Discussed at the Public Meeting The following items on the agenda for the 33rd Session of the CCFL will be discussed during the public meeting: • Matters referred to the Committee from other Codex bodies. • Endorsement of labelling provisions of draft commodity standards. • Proposed Draft Guidelines for the Labelling of Foods Obtained Through Certain Techniques of Genetic Modification/Genetic Engineering: Labelling Provisions and Definitions. • Country-of-origin labelling. • Discussion paper on advertising. • Proposed Draft Amendment to the General Standard for the Labelling of Prepackaged Foods (Quantitative Ingredient Declaration). Each issue listed will be fully described in documents distributed, or to be distributed, by the Canadian Secretariat to the Meeting. Members of the public may access or request copies of these documents (see ADDRESSES). Public Meeting At the April 26, 2005, public meeting, draft U.S. positions on these agenda items will be described, discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 33rd Session of the CCFL, Leslye Fraser, J.D., (see ADDRESSES). Written comments should state that they relate to activities of the 33rd Session of the CCFL. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and, in particular, minorities, women, and persons with disabilities are aware of this notice, FSIS will announce it on-line through the FSIS Web page located at https:// www.fsis.usda.gov/regulations/ 2005_Notices_Index/. FSIS also will make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free electronic mail subscription service for industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 requested to be included. The update is available on the FSIS Web page. Through Listserv and the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides an automatic and customized notification when popular pages are updated, including Federal Register publications and related documents. This service is available at https:// www.fsis.usda.gov/news_and_events/ email_subscription/ and allows FSIS customers to sign up for subscription options across eight categories. Options range from recalls to export information to regulations, directives, and notices. Customers can add or delete subscriptions themselves and have the option to protect their accounts with passwords. Done in Washington, DC, on March 9, 2005. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. 05–4996 Filed 3–14–05; 8:45 am] BILLING CODE 3410–DM–P DEPARTMENT OF COMMERCE Economics and Statistics Administration Bureau of Economic Analysis BEA Customer Satisfactions Survey Proposed information collection. ACTION: The purpose of the BEA Customer Satisfaction Survey is to obtain feedback from customers on the quality of BEA products and services. The information collected is instrumental in allowing BEA to improve the quality of its data products and its methods of data dissemination. DATES: The survey will be mailed out on May 24, 2005, and posted to the BEA home page on June 3, 2005. FOR FURTHER INFORMATION CONTACT: Requests for additional information or for copies of the information collection instrument and instructions should be directed to James Murphy, U.S. Department of Commerce, Bureau of Economic Analysis, BE–64, Washington, DC 20230, or by telephone at 202–606– 2787. SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract As one of the Nation’s leading statistical agencies, the Bureau of Economic Analysis (BEA) provides PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 reliable and consistent measures of economic activity that are essential to intelligent decisionmaking by business people and policymakers and to the efficient operation of financial markets. The purpose of the BEA Customer Satisfaction Survey is to obtain feedback from customers on the quality of BEA products and services. The information collected will assist BEA in improving the quality of its data products and its methods of data dissemination. II. Method of Collection The survey and a cover letter with instructions on how to complete it will be mailed to about 5,000 potential respondents; BEA will request that responses be returned 30 days after the mailing. The survey will also be posted on BEA’s Web site for 2,000 potential respondents. It is designed to ensure anonymity for all respondents and therefore eliminates the necessity for recordkeeping of respondents. III. Data OMB Control Number: 0691–0001. Affected Public: Individuals from for profit and non profit organizations and individuals from other Federal, State, and local government agencies. Estimated Number of Respondents: 500. Estimated Response Time: 15 minutes. Estimated Total Annual Burden Hours: 125. Estimated Total Annual Cost: The only cost to the respondents is that of their time. Legal Authority: Executive Order 12862, Section 1(b), of September 11, 1993. Dated: March 8, 2005. J. Steven Landefeld, Director, Bureau of Economic Analysis. [FR Doc. 05–4992 Filed 3–14–05; 8:45 am] BILLING CODE 3510–06–M DEPARTMENT OF COMMERCE INTERNATIONAL TRADE ADMINISTRATION (A–274–804) Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On November 8, 2004, the Department of Commerce (the Department) published the preliminary results of its first administrative review AGENCY: E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices of the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago. The review covers one producer of the subject merchandise. The period of review (POR) is April 10, 2002, through September 30, 2003. Based on our analysis of comments received, these final results differ from the preliminary results. The final results are listed below in the Final Results of Review section. EFFECTIVE DATE: March 15, 2005. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Vicki Cho, at (202) 482–5973 or (202) 482–5075, respectively; AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background On November 8, 2004, the Department published in the Federal Register the preliminary results of the first administrative review of the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago. See Preliminary Results of Antidumping Duty Administrative Review: Carbon and Certain Steel Alloy Steel Wire Rod from Trinidad and Tobago, 69 FR 64726 (November 8, 2004) (Preliminary Results). We invited parties to comment on the Preliminary Results. On December 8, 2004, we received case briefs from the sole respondent, Carribean Ispat Limited (CIL) and its affiliates Ispat North America Inc. (INA) and Walker Wire (Ispat) Inc. (Walker Wire) (collectively CIL), and the petitioners, Gerdau Ameristeel US Inc., ISG Georgetown Inc., Keystone Consolidated Industries, Inc., and North Star Steel Texas, Inc. Both parties submitted rebuttal briefs on December 13, 2004. A public hearing was requested by both parties and held on December 22, 2004. On March 3, 2005, we received a letter claiming that Carribean Ispat Limited had changed its name to Mittal Steel Point Lisas Limited. Given the timing of this letter, we have not been able to consider this further. We will do so in the future in the context of a changed circumstances review, in the event one is requested. Scope of the Order Effective July 24, 2003, in accordance with the Department’s Notice of Final Results of Changed Circumstances Review of the Antidumping Duty and Countervailing Duty Orders, and Intent to Revoke Orders in Part, 68 FR 64079 VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 (November 12, 2003), the scope of this order was amended. Therefore, for purposes of this review, there were separate scopes in effect. These scopes are set forth below. Scope of Order from October 29, 2002, through July 23, 2003 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. This 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 inclusions greater than 20 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. This 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 inclusions greater than 20 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 12649 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). 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 the 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 under review are currently classifiable under subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059 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. E:\FR\FM\15MRN1.SGM 15MRN1 12650 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices Scope of Order from July 24, 2003, through the POR 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 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. This 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. This 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 VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 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 the grade 1080 tire cord quality wire rod and the 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 the 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. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 All products meeting the physical description of subject merchandise that are not specifically excluded are included in this scope. The products under review are currently classifiable under subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and 7227.90.6059 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 Analysis of Comments Received The issues raised in the case briefs by parties to this administrative review are addressed in the Issues and Decision Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import Administration, from Barbara E. Tillman, Acting Deputy Assistant Secretary (Decision Memorandum), which is hereby adopted by this notice. A list of the issues addressed in the Decision Memorandum is appended to this notice. The Decision Memorandum is on file in the Central Records Unit in Room B–099 of the main Commerce building, and can also be accessed directly on the Web at https:// www.ia.ita.doc.gov/frn. The paper copy and electronic version of the Decision Memorandum are identical in content. Changes Since the Preliminary Results Based on our analysis of comments received, we have (1) Made adjustments to the payment date used to calculate credit expenses for sales where payment had not been made; (2) recalculated credit expenses and domestic inventory carrying costs related to sales through INA; (3) set inventory carrying costs in the United States, which were related to sales through INA equal to zero; (4) corrected the double–counting of imputed credit and warranty expenses in the constructed export price profit calculation; (5) added back the cost of billets purchased from affiliates to the cost of manufacturing; and (6) increased the cost of manufacturing to adjust for purchases of iron ore from affiliates used in calculating the final dumping margin in this proceeding. The adjustments are discussed in detail in the Decision Memorandum. In addition, 1 Effective January 1, 2005, U.S. Customs and Border Protection (CBP) reclassified certain HTSUS numbers related to the subject merchandise. See https://hotdocs.usitc.gov/tarifflchapterslcurrent/ toc.html. E:\FR\FM\15MRN1.SGM 15MRN1 Federal Register / Vol. 70, No. 49 / Tuesday, March 15, 2005 / Notices we corrected a programming error to calculate the margin based on CIL’s reported further manufacturing costs. be 11.40 percent2, the ‘‘All Others’’ rate established in the less–than-fair–value investigation. These deposit requirements shall remain in effect until Final Results of Review publication of the final results of the next administrative review. As a result of our review, we This notice also serves as a final determine that the following weighted– reminder to importers of their average margin exists for the period of responsibility under 19 CFR 351.402 (f) April 10, 2002, through September 30, to file a certificate regarding the 2003: reimbursement of antidumping duties prior to liquidation of the relevant Producer Weighted– Margin (Percentage) Average entries during this review period. Failure to comply with this requirement CIL .............................. 3.61 could result in the Secretary’s presumption that reimbursement of Assessment antidumping duties occurred and the subsequent increase in antidumping The Department will determine, and duties by the amount of antidumping CBP shall assess, antidumping duties on duties reimbursed. all appropriate entries, pursuant to 19 This notice also is the only reminder CFR 351.212(b). The Department to parties subject to administrative calculated importer–specific duty protective order (APO) of their assessment rates on the basis of the ratio responsibility concerning the return or of the total amount of antidumping destruction of proprietary information duties calculated for the examined sales disclosed under APO in accordance to the total entered value of the with 19 CFR 351.305. Timely written examined sales for that importer. Where notification of the return/destruction of the assessment rate is above de minimis, APO materials or conversion to judicial we will instruct CBP to assess duties on protective order is hereby requested. all entries of subject merchandise by Failure to comply with the regulations that importer. The Department will and the terms of an APO is a issue appropriate assessment sanctionable violation. instructions directly to CBP within 15 We are issuing and publishing these days of publication of these final results results and notice in accordance with of review. sections 751(a)(1) and 777(i)(1) of the Act. Cash Deposits Furthermore, the following deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of carbon and certain alloy steel wire rod from Trinidad and Tobago entered, or withdrawn from warehouse, for consumption on or after the publication date of these final results, as provided by section 751(a) of the Tariff Act of 1930, as amended (the Act): (1) For CIL, the cash deposit rate will be the rate listed above; (2) for merchandise exported by producers or exporters not covered in this review but covered in the investigation, the cash deposit rate will continue to be the company– specific rate from the final determination; (3) if the exporter is not a firm covered in this review or the investigation, but the producer is, the cash deposit rate will be that established for the producer of the merchandise in these final results of review or in the final determination; and (4) if neither the exporter nor the producer is a firm covered in this review or the investigation, the cash deposit rate will VerDate jul<14>2003 15:31 Mar 14, 2005 Jkt 205001 Dated: March 8, 2005. Joseph A. Spetrini, Acting Assistant Secretary for Import Administration. APPENDIX Comment 1: Use of Home Market GAAP Comment 2: Matching Hierarchy for Similar Products Comment 3: Determination of Payment Dates Comment 4: CEP Offset Adjustment and LOT Analysis Comment 5: Classification of Expenses Incurred by U.S. Affiliate Comment 6: Calculation of Imputed Expenses for CEP Sales Comment 7: Treatment of Major Inputs from Affiliated Suppliers Comment 8: Ministerial Error in Calculating CEP Profit [FR Doc. E5–1128 Filed 3–14–05; 8:45 am] BILLING CODE 3510–DS–S 2 In the Preliminary Results, we inadvertently used the preliminary ‘‘All Others’’ rate from the investigation. PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 12651 DEPARTMENT OF COMMERCE International Trade Administration A–485–803 Certain Cut–to-Length Carbon Steel Plate from Romania: Notice of Final Results and Final Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce SUMMARY: On September 7, 2004, the Department of Commerce (‘‘the Department’’) published the preliminary results of its administrative review of the antidumping duty order on certain cut–to-length carbon steel plate from Romania. See Certain Cut–to-Length Carbon Steel Plate From Romania: Preliminary Results of the Antidumping Duty Administrative Review and Notice of Intent To Rescind in Part, 69 FR 54108 (September 7, 2004) (‘‘Preliminary Results’’). This review covers producer Ispat Sidex, S.A. (‘‘Sidex’’) and exporter Metalexportimport, S.A. (‘‘MEI’’). The period of review (‘‘POR’’) is August 1, 2002, through July 31, 2003. We are rescinding the review with respect to CSR SA Resita (‘‘CSR’’) and MINMET, S.A. (‘‘MINMET’’) because CSR and MINMET did not ship subject merchandise to the United States during the POR. We invited parties to comment on our Preliminary Results. Based on our analysis of comments received, we have made changes in the margin calculation. Therefore, the final results differ from the preliminary results. The final results are listed below in the ‘‘Final Results of Review’’ section. EFFECTIVE DATE: March 15, 2005. FOR FURTHER INFORMATION CONTACT: Brandon Farlander at (202) 482–0182 or Abdelali Elouaradia at (202) 482–1374, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Ave, NW., Washington, DC 20230. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 7, 2004, we published in the Federal Register the preliminary results of this antidumping review on September 7, 2004. See Preliminary Results. On September 17, 2004, the Department placed Egyptian import statistics on the record from the Egyptian Central Agency for Public Mobilization and Statistics (CAPMAS), the Egyptian government’s official E:\FR\FM\15MRN1.SGM 15MRN1

Agencies

[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Notices]
[Pages 12648-12651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1128]


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DEPARTMENT OF COMMERCE

INTERNATIONAL TRADE ADMINISTRATION

(A-274-804)


Notice of Final Results of Antidumping Duty Administrative 
Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and 
Tobago

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On November 8, 2004, the Department of Commerce (the 
Department) published the preliminary results of its first 
administrative review

[[Page 12649]]

of the antidumping duty order on carbon and certain alloy steel wire 
rod from Trinidad and Tobago. The review covers one producer of the 
subject merchandise. The period of review (POR) is April 10, 2002, 
through September 30, 2003. Based on our analysis of comments received, 
these final results differ from the preliminary results. The final 
results are listed below in the Final Results of Review section.

EFFECTIVE DATE: March 15, 2005.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Vicki Cho, at (202) 
482-5973 or (202) 482-5075, respectively; AD/CVD Operations, Office 3, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On November 8, 2004, the Department published in the Federal 
Register the preliminary results of the first administrative review of 
the antidumping duty order on carbon and certain alloy steel wire rod 
from Trinidad and Tobago. See Preliminary Results of Antidumping Duty 
Administrative Review: Carbon and Certain Steel Alloy Steel Wire Rod 
from Trinidad and Tobago, 69 FR 64726 (November 8, 2004) (Preliminary 
Results).
    We invited parties to comment on the Preliminary Results. On 
December 8, 2004, we received case briefs from the sole respondent, 
Carribean Ispat Limited (CIL) and its affiliates Ispat North America 
Inc. (INA) and Walker Wire (Ispat) Inc. (Walker Wire) (collectively 
CIL), and the petitioners, Gerdau Ameristeel US Inc., ISG Georgetown 
Inc., Keystone Consolidated Industries, Inc., and North Star Steel 
Texas, Inc. Both parties submitted rebuttal briefs on December 13, 
2004. A public hearing was requested by both parties and held on 
December 22, 2004. On March 3, 2005, we received a letter claiming that 
Carribean Ispat Limited had changed its name to Mittal Steel Point 
Lisas Limited. Given the timing of this letter, we have not been able 
to consider this further. We will do so in the future in the context of 
a changed circumstances review, in the event one is requested.

Scope of the Order

    Effective July 24, 2003, in accordance with the Department's Notice 
of Final Results of Changed Circumstances Review of the Antidumping 
Duty and Countervailing Duty Orders, and Intent to Revoke Orders in 
Part, 68 FR 64079 (November 12, 2003), the scope of this order was 
amended. Therefore, for purposes of this review, there were separate 
scopes in effect. These scopes are set forth below.

Scope of Order from October 29, 2002, through July 23, 2003

    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. This 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 inclusions greater than 20 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.
    This 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 inclusions greater than 20 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).
    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 the 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 under review are currently classifiable under 
subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 
7227.90.6053, 7227.90.6058, and 7227.90.6059 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.

[[Page 12650]]

Scope of Order from July 24, 2003, through the POR

    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 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. This 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.
    This 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 the grade 1080 tire cord quality wire rod and the 
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 the 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 under review are currently classifiable under 
subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 
7227.90.6053, 7227.90.6058, and 7227.90.6059 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\
---------------------------------------------------------------------------

    \1\ Effective January 1, 2005, U.S. Customs and Border 
Protection (CBP) reclassified certain HTSUS numbers related to the 
subject merchandise. See https://hotdocs.usitc.gov/tariff_chapters_
current/toc.html.
---------------------------------------------------------------------------

Analysis of Comments Received

    The issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, from Barbara E. Tillman, Acting Deputy Assistant 
Secretary (Decision Memorandum), which is hereby adopted by this 
notice. A list of the issues addressed in the Decision Memorandum is 
appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit in Room B-099 of the main Commerce building, and 
can also be accessed directly on the Web at https://www.ia.ita.doc.gov/
frn. The paper copy and electronic version of the Decision Memorandum 
are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have (1) Made 
adjustments to the payment date used to calculate credit expenses for 
sales where payment had not been made; (2) recalculated credit expenses 
and domestic inventory carrying costs related to sales through INA; (3) 
set inventory carrying costs in the United States, which were related 
to sales through INA equal to zero; (4) corrected the double-counting 
of imputed credit and warranty expenses in the constructed export price 
profit calculation; (5) added back the cost of billets purchased from 
affiliates to the cost of manufacturing; and (6) increased the cost of 
manufacturing to adjust for purchases of iron ore from affiliates used 
in calculating the final dumping margin in this proceeding. The 
adjustments are discussed in detail in the Decision Memorandum. In 
addition,

[[Page 12651]]

we corrected a programming error to calculate the margin based on CIL's 
reported further manufacturing costs.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of April 10, 2002, 
through September 30, 2003:

------------------------------------------------------------------------
             Producer Weighted-Average               Margin (Percentage)
------------------------------------------------------------------------
CIL................................................                 3.61
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The 
Department calculated importer-specific duty assessment rates on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
for that importer. Where the assessment rate is above de minimis, we 
will instruct CBP to assess duties on all entries of subject 
merchandise by that importer. The Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of these final results of review.

Cash Deposits

    Furthermore, the following deposit requirements will be effective 
upon publication of the final results of this administrative review for 
all shipments of carbon and certain alloy steel wire rod from Trinidad 
and Tobago entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results, as provided by 
section 751(a) of the Tariff Act of 1930, as amended (the Act): (1) For 
CIL, the cash deposit rate will be the rate listed above; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in the investigation, the cash deposit rate will 
continue to be the company-specific rate from the final determination; 
(3) if the exporter is not a firm covered in this review or the 
investigation, but the producer is, the cash deposit rate will be that 
established for the producer of the merchandise in these final results 
of review or in the final determination; and (4) if neither the 
exporter nor the producer is a firm covered in this review or the 
investigation, the cash deposit rate will be 11.40 percent\2\, the 
``All Others'' rate established in the less-than-fair-value 
investigation. These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.
---------------------------------------------------------------------------

    \2\ In the Preliminary Results, we inadvertently used the 
preliminary ``All Others'' rate from the investigation.
---------------------------------------------------------------------------

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402 (f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
increase in antidumping duties by the amount of antidumping duties 
reimbursed.
    This notice also is 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 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 the terms of an APO is a sanctionable 
violation.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 8, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Use of Home Market GAAP
Comment 2: Matching Hierarchy for Similar Products
Comment 3: Determination of Payment Dates
Comment 4: CEP Offset Adjustment and LOT Analysis
Comment 5: Classification of Expenses Incurred by U.S. Affiliate
Comment 6: Calculation of Imputed Expenses for CEP Sales
Comment 7: Treatment of Major Inputs from Affiliated Suppliers
Comment 8: Ministerial Error in Calculating CEP Profit
[FR Doc. E5-1128 Filed 3-14-05; 8:45 am]
BILLING CODE 3510-DS-S
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