Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 22845 [E5-2145]

Download as PDF Federal Register / Vol. 70, No. 84 / Tuesday, May 3, 2005 / Notices DEPARTMENT OF COMMERCE International Trade Administration A–122–840 Preliminary Results of Changed Circumstances Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada Import Administration, International Trade Administration, Department of Commerce. On March 9, 2005, the Department of Commerce published a notice of initiation of a changed circumstances review of the antidumping duty order on carbon and certain alloy steel wire rod products from Canada. We have preliminarily concluded that Mittal Canada Inc. (Mittal) is the successor–ininterest to Ispat Sidebec Inc. (Ispat) and, as a result, should be accorded the same treatment previously accorded to Ispat in regard to the antidumping order on steel wire rod from Canada. May 3, 2005. FOR FURTHER INFORMATION CONTACT: Daniel O’Brien or Ashleigh Batton, at (202) 482–1376 or (202) 482–6309, respectively; AD/CVD Operations, Office 1, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, Washington, DC 20230. SUPPLEMENTARY INFORMATION: Background: On January 14, 2005, Mittal, requested that the Department determine that it had become the successor–in-interest of Ispat, pursuant to section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.216 and 351.221(c)(3). On March 9, 2005, the Department this investigation. See Notice of Initiation of Changed Circumstances Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 70 FR 11612 (Initiation Notice). On March 25, 2005, the Department issued Ispat/Mittal a questionnaire requesting further details on Mittal’s successor–in-interest claims. The company’s response was received by the Department on April 1, 2005. AGENCY: Scope of the Order For purposes of the order, the products covered are Carbon and Certain Alloy Steel Wire Rod from Canada. For a complete description of the scope of the order, see Initiation Notice. Preliminary Results of the Review In making a successor–in-interest determination, the Department VerDate jul<14>2003 15:43 May 02, 2005 Jkt 205001 examines several factors including, but not limited to, changes in: (1) management; (2) production facilities; (3) supplier relationships; and (4) customer base. See, e.g., Notice of Final Results of Changed Circumstances Antidumping Duty Administrative Review: Polychloroprene Rubber From Japan, 67 FR 58 (January 2, 2002); Brass Sheet and Strip from Canada: Final Results of Antidumping Duty Administrative Review, 57 FR 20460, 20462 (May 13, 1992). While no single factor or combination of these factors will necessarily provide a dispositive indication of a successor–in-interest relationship, the Department will generally consider the new company to be the successor to the previous company if the new company’s resulting operation is not materially dissimilar to that of its predecessor. See, e.g., Fresh and Chilled Atlantic Salmon from Norway; Final Results of Changed Circumstances Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999); Industrial Phosphoric Acid from Israel; Final Results of Changed Circumstances Review, 59 FR 6944 (February 14, 1994). Thus, if the evidence demonstrates that, with respect to the production and sale of the subject merchandise, the new company operates as the same business entity as the former company, the Department will accord the new company the same antidumping treatment as its predecessor. In its submission to the Department, dated April 1, 2005, Mittal provided documentation supporting its contention that Mittal was functionally the same company as the former Ispat. According to Mittal, Ispat changed its name to Mittal Canada Inc. to align worldwide corporate names of the Mittal Steel Company. Evidence on the record indicates that Ispat’s ultimate parent company, Ispat International N.V., purchased LNM Holdings, a holding company with interests in steel producers in Europe, Africa, and Asia. None of the LNM Holdings companies produced any steel in Canada. We preliminarily find that no operational changes to Isapt/Mittal have occurred, or are planned, in terms the organizational structure, production facilities, management, customer base, or suppliers as a result of Ispat International N.V./Mittal Steel Company’s acquiring LNM Holdings. Therefore, we preliminarily determine that Mittal is the successor–in-interest to Ispat. If the above preliminary results are affirmed in the Department’s final results, the cash deposit rate most recently calculated for Ispat will apply PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 22845 to all entries of subject merchandise by Mittal entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this changed circumstances review. See Granular Polytetraflouroethylene Resin from Italy; Final Results of Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 2003). This deposit rate shall remain in effect until publication of the final results of the next administrative review in which Mittal participates. Public Comment Any interested party may request a hearing within 30 days of publication of this notice in accordance with 19 CFR 351.310(c). Any hearing, if requested, will be held 44 days after the date of publication of this notice, or the first working day thereafter. Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, which must be limited to issues raised in such briefs, must be filed not later than 37 days after the date of publication of this notice. See 19 CFR 351.309(d). Parties who submit arguments are requested to submit with the argument (1) a statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities. The Department will issue its final results of review within 270 days after the date on which the changed circumstances review is initiated, in accordance with 19 CFR 351.216(e) (2004), and will publish these results in the Federal Register. The current requirement for a cash deposit of estimated antidumping duties on all subject merchandise will continue unless and until it is modified pursuant to the final results of this changed circumstances review. This notice is in accordance with sections 751(b)(1) of the Act and 19 CFR 351.216 of the Department’s regulations. Dated: April 26, 2005. Barbara E. Tillman, Acting Assistant Secretary for Import Administration. [FR Doc. E5–2145 Filed 5–2–05; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\03MYN1.SGM 03MYN1

Agencies

[Federal Register Volume 70, Number 84 (Tuesday, May 3, 2005)]
[Notices]
[Page 22845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2145]



[[Page 22845]]

-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-122-840


Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from 
Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

    On March 9, 2005, the Department of Commerce published a notice of 
initiation of a changed circumstances review of the antidumping duty 
order on carbon and certain alloy steel wire rod products from Canada. 
We have preliminarily concluded that Mittal Canada Inc. (Mittal) is the 
successor-in-interest to Ispat Sidebec Inc. (Ispat) and, as a result, 
should be accorded the same treatment previously accorded to Ispat in 
regard to the antidumping order on steel wire rod from Canada.
    May 3, 2005.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or Ashleigh Batton, at 
(202) 482-1376 or (202) 482-6309, respectively; AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW, 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION: Background:
    On January 14, 2005, Mittal, requested that the Department 
determine that it had become the successor-in-interest of Ispat, 
pursuant to section 751(b) of the Tariff Act of 1930, as amended (the 
Act), and 19 CFR 351.216 and 351.221(c)(3). On March 9, 2005, the 
Department this investigation. See Notice of Initiation of Changed 
Circumstances Antidumping Duty Administrative Review: Carbon and 
Certain Alloy Steel Wire Rod from Canada, 70 FR 11612 (Initiation 
Notice). On March 25, 2005, the Department issued Ispat/Mittal a 
questionnaire requesting further details on Mittal's successor-in-
interest claims. The company's response was received by the Department 
on April 1, 2005.

Scope of the Order

    For purposes of the order, the products covered are Carbon and 
Certain Alloy Steel Wire Rod from Canada. For a complete description of 
the scope of the order, see Initiation Notice.

Preliminary Results of the Review

    In making a successor-in-interest determination, the Department 
examines several factors including, but not limited to, changes in: (1) 
management; (2) production facilities; (3) supplier relationships; and 
(4) customer base. See, e.g., Notice of Final Results of Changed 
Circumstances Antidumping Duty Administrative Review: Polychloroprene 
Rubber From Japan, 67 FR 58 (January 2, 2002); Brass Sheet and Strip 
from Canada: Final Results of Antidumping Duty Administrative Review, 
57 FR 20460, 20462 (May 13, 1992). While no single factor or 
combination of these factors will necessarily provide a dispositive 
indication of a successor-in-interest relationship, the Department will 
generally consider the new company to be the successor to the previous 
company if the new company's resulting operation is not materially 
dissimilar to that of its predecessor. See, e.g., Fresh and Chilled 
Atlantic Salmon from Norway; Final Results of Changed Circumstances 
Antidumping Duty Administrative Review, 64 FR 9979 (March 1, 1999); 
Industrial Phosphoric Acid from Israel; Final Results of Changed 
Circumstances Review, 59 FR 6944 (February 14, 1994). Thus, if the 
evidence demonstrates that, with respect to the production and sale of 
the subject merchandise, the new company operates as the same business 
entity as the former company, the Department will accord the new 
company the same antidumping treatment as its predecessor.
    In its submission to the Department, dated April 1, 2005, Mittal 
provided documentation supporting its contention that Mittal was 
functionally the same company as the former Ispat. According to Mittal, 
Ispat changed its name to Mittal Canada Inc. to align worldwide 
corporate names of the Mittal Steel Company. Evidence on the record 
indicates that Ispat's ultimate parent company, Ispat International 
N.V., purchased LNM Holdings, a holding company with interests in steel 
producers in Europe, Africa, and Asia. None of the LNM Holdings 
companies produced any steel in Canada.
    We preliminarily find that no operational changes to Isapt/Mittal 
have occurred, or are planned, in terms the organizational structure, 
production facilities, management, customer base, or suppliers as a 
result of Ispat International N.V./Mittal Steel Company's acquiring LNM 
Holdings. Therefore, we preliminarily determine that Mittal is the 
successor-in-interest to Ispat.
    If the above preliminary results are affirmed in the Department's 
final results, the cash deposit rate most recently calculated for Ispat 
will apply to all entries of subject merchandise by Mittal entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of the final results of this changed circumstances review. 
See Granular Polytetraflouroethylene Resin from Italy; Final Results of 
Antidumping Duty Changed Circumstances Review, 68 FR 25327 (May 12, 
2003). This deposit rate shall remain in effect until publication of 
the final results of the next administrative review in which Mittal 
participates.

Public Comment

    Any interested party may request a hearing within 30 days of 
publication of this notice in accordance with 19 CFR 351.310(c). Any 
hearing, if requested, will be held 44 days after the date of 
publication of this notice, or the first working day thereafter. 
Pursuant to 19 CFR 351.309(c)(ii), interested parties may submit case 
briefs not later than 30 days after the date of publication of this 
notice. Rebuttal briefs, which must be limited to issues raised in such 
briefs, must be filed not later than 37 days after the date of 
publication of this notice. See 19 CFR 351.309(d). Parties who submit 
arguments are requested to submit with the argument (1) a statement of 
the issue, (2) a brief summary of the argument, and (3) a table of 
authorities.
    The Department will issue its final results of review within 270 
days after the date on which the changed circumstances review is 
initiated, in accordance with 19 CFR 351.216(e) (2004), and will 
publish these results in the Federal Register.
    The current requirement for a cash deposit of estimated antidumping 
duties on all subject merchandise will continue unless and until it is 
modified pursuant to the final results of this changed circumstances 
review.
    This notice is in accordance with sections 751(b)(1) of the Act and 
19 CFR 351.216 of the Department's regulations.

    Dated: April 26, 2005.
Barbara E. Tillman,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-2145 Filed 5-2-05; 8:45 am]
BILLING CODE 3510-DS-S