Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod From Mexico, 25809-25812 [E5-2439]
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices
time for making its determination by not
more than 90 days, if it determines that
the review is extraordinarily
complicated. As set forth in section
751(c)(5)(C)(v) of the Act, the
Department may treat a sunset review as
extraordinarily complicated if it is a
review of a transition order, as is the
case in all of these proceedings. A
transition order is defined as including
countervailing or antidumping duty
orders which were in effect on January
1, 1995, the date on which the WTO
Agreement’s provisions on sunset
reviews went into effect. Transition
orders are treated as issued on January
1, 1995. See section 751(c)(6)(D) of the
Act. These orders were issued prior to
January 1, 1995, thus are deemed issued
on January 1, 1995, for purposes of the
sunset proceeding. Therefore, the
Department has determined, pursuant to
section 751(c)(5)(C)(v) of the Act, that
the sunset reviews of the antidumping
and countervailing duty orders on topof-the-stove stainless steel cooking ware
from Korea and Taiwan, the
antidumping and countervailing duty
orders on porcelain-on-steel cooking
ware from China and Taiwan, the
antidumping duty order on internal
combustion industrial forklift trucks
from Japan, and the antidumping duty
order on raw in-shell pistachios from
Iran are extraordinarily complicated and
require additional time for the
Department to complete its analysis.
The Department’s final results of
these sunset reviews were scheduled for
June 29, 2005. The Department will
extend the deadlines in these
proceedings and, as a result, intends to
issue the final results of the expedited
sunset reviews on the antidumping and
countervailing duty orders on top-ofthe-stove stainless steel cooking ware
from Korea and Taiwan, the
antidumping and countervailing duty
orders on porcelain-on-steel cooking
ware from China and Taiwan, the
antidumping duty order on internal
combustion industrial forklift trucks
from Japan, and the antidumping duty
order on raw in-shell pistachios from
Iran on September 27, 2005, 90 days
from the original scheduled date of the
final results of these sunset reviews.
This notice is issued in accordance
with sections 751 (c)(5)(B) and (C)(v) of
the Act.
Dated: May 10, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–2440 Filed 5–13–05; 8:45 am]
BILLING CODE 3510–DS–S
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–201–830]
Notice of Final Results of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod From
Mexico
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
of the antidumping duty order on
carbon and certain alloy steel wire rod
from Mexico. The review covers two
producers 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: May 16, 2005.
FOR FURTHER INFORMATION CONTACT:
Lyman Armstrong or Dennis McClure, at
(202) 482–3601 or (202) 482–5973,
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:
AGENCY:
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 Mexico.
See Preliminary Results of Antidumping
Duty Administrative Review: Carbon
and Certain Steel Alloy Steel Wire Rod
from Mexico, 69 FR 64722 (November 8,
2004) (‘‘Preliminary Results’’). We
conducted a sales and cost verification
at Hylsa Puebla, S.A. de C.V. (‘‘Hylsa’’)
from November 30 through December
11, 2004. On December 8, 2004, Hylsa
requested a hearing. On February 24,
2005, Hylsa withdrew its request for a
hearing. No other interested parties
requested a hearing.
We invited parties to comment on the
Preliminary Results. On February 22,
2005, we received case briefs from
Siderurgica Lazaro Cardenas Las
Truchas S.A. de C.V. (‘‘SICARTSA’’)
and Hylsa, and from the petitioners,
Gerdau Ameristeel US Inc., ISG
Georgetown Inc., Keystone Consolidated
PO 00000
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Sfmt 4703
25809
Industries, Inc., and North Star Steel
Texas, Inc. All parties submitted
rebuttal briefs on February 28, 2005.
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, the scope of the
order during the first part of the POR
was different from the scope during the
latter half of the POR. The scope in
effect during each portion of the POR is
described 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)
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices
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 subject to this order are
currently classifiable under subheadings
7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
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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.
Scope of Order from July 24, 2003,
through the end of 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
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Sfmt 4703
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
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Federal Register / Vol. 70, No. 93 / Monday, May 16, 2005 / Notices
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
7213.91.3010, 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 for Hylsa, we have: (1)
Accepted new databases and made
changes based on minor corrections
presented at verification; (2) classified
export credit expense as a direct selling
expense rather than an indirect selling
expense; (3) recalculated Hylsa’s
warranty expense based on a three-year
average; (4) recalculated home market
and U.S. credit expenses; and (5)
corrected clerical errors with respect to
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.
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billing adjustments, early payment
discounts, and commission offset.
Based on our analysis of comments
received for SICARTSA, we have: (1)
Recalculated the financial expense ratio
to include all exchange gains and losses
and changes in monetary position as
reported on the audited financial
statements and deducted an amount in
the denominator (i.e., from the costs of
goods sold) of the ratio to account for
packing for all affiliated parties; (2)
recalculated general and administrative
expenses to exclude exchange gains and
losses related to accounts payable; (3)
adjusted the cost of manufacturing for
affiliated iron ore purchases; and (4)
made corrections to our calculation for
programming errors.
For SICARTSA, in addition to the
changes explained in the Decision
Memorandum, we made the following
changes based on a review of the
preliminary calculations. We used the
U.S. dollar short-term borrowing rate for
home market sales made in U.S. dollars
to calculate imputed credit expenses.
When there were missing payment
dates, we used the date of SICARTSA’s
last submission to calculate imputed
credit expenses. We also made a
correction to the home market sales
revenue used to calculate the
constructed export price profit. See May
9, 2005, Final Results Calculation
Memorandum Siderurgica Lazaro
Cardenas Las Truchas S.A. de C.V.
Both Hylsa’s and SICARTSA’s
adjustments are discussed in detail in
the Decision Memorandum.
25811
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 Mexico 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 SICARTSA and Hylsa, 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 20.11 percent, the
‘‘All Others’’ rate established in the lessthan-fair-value investigation. These
deposit requirements shall remain in
effect until publication of the final
results of the next administrative
review.
This notice also serves as a final
Final Results of Review
reminder to importers of their
responsibility under 19 CFR 351.402 (f)
As a result of our review, we
to file a certificate regarding the
determine that the following weightedreimbursement of antidumping duties
average margins exist for the period
prior to liquidation of the relevant
April 10, 2002, through September 30,
entries during this review period.
2003:
Failure to comply with this requirement
could result in the Secretary’s
Weighted–average
Producer
margin (percentage)
presumption that reimbursement of
antidumping duties occurred and the
Hylsa .........................
5.45
subsequent increase in antidumping
SICARTSA ................
1.06
duties by the amount of antidumping
duties reimbursed.
Assessment
This notice also is the only reminder
The Department will determine, and
to parties subject to administrative
CBP shall assess, antidumping duties on protective order (APO) of their
all appropriate entries, pursuant to 19
responsibility concerning the return or
CFR 351.212(b). The Department has
destruction of proprietary information
calculated importer-specific duty
disclosed under APO in accordance
assessment rates on the basis of the ratio with 19 CFR 351.305. Timely written
of the total amount of antidumping
notification of the return/destruction of
duties calculated for the examined sales APO materials or conversion to judicial
to the total entered value of the
protective order is hereby requested.
examined sales for that importer. Where Failure to comply with the regulations
the assessment rate is above de minimis, and the terms of an APO is a
we will instruct CBP to assess duties on sanctionable violation.
all entries of subject merchandise by
We are issuing and publishing these
that importer. The Department will
results and notice in accordance with
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sections 751(a)(1) and 777(i)(1) of the
Act.
EFFECTIVE DATE:
Dated: May 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
Daniel O’Brien or David Neubacher,
AD/CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1376 or (202) 482–
5823, respectively.
SUPPLEMENTARY INFORMATION:
APPENDIX
I. List of Comments:
Hylsa Puebla S.A. (Hysla)
Comment 1: Minor Corrections
Comment 2: Transamerica Sales
Comment 3: Credit Insurance Premiums
Comment 4: Return Expenses
Discovered at Verification
Comment 5: Interest Rates Used To
Calculate Credit Expense
Comment 6: Hylsa’s Warranty Expenses
Comment 7: Ministerial Errors
Siderurgica Lazaro Cardenas las
Truchas, S.A. de C.V. (SICARTSA)
Comment 8: Sales Made Within
Extended Period of Time
Comment 9: Use of Actual Yield Factor
Comment 10: Costs Related to Plant
Shutdowns
Comment 11: Expenses Related to
Parent Company G&A
Comment 12: Adjustments to Financial
Expense
a. Net Interest Expense
b. Foreign Exchange Gains and Losses
c. Changes in Monetary Position
d. Consolidated Packing Expenses
Comment 13: Major Input Test
Comment 14: Ministerial Errors
Comment 15: Treatment of Negative
Dumping Margins
[FR Doc. E5–2439 Filed 5–13–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–122–838
Background:
On May 22, 2002, the Department
issued the antidumping duty order on
Certain Softwood Lumber Products from
Canada. See Notice of Amended Final
Determination of Sales at Less Than
Fair Value and Antidumping Duty
Order: Certain Softwood Lumber
Products From Canada, 67 Fed. Reg.
36067 (May 22, 2002). On April 21,
2005, Winton Global requested that the
Department of Commerce (the
Department) initiate and conduct an
expedited changed circumstances
review, in accordance with sections
351.216 and 351.221(c)(3)(ii) (2003) of
the Department’s regulations, to confirm
that Winton Global is the successor-ininterest to The Pas. In its request,
Winton Global states that it changed its
name to Winton Global from The Pas on
January 11, 2005 and provided
supporting documentation.
Scope of the Order
For purposes of the order, the
products covered are certain softwood
lumber products from Canada. For a
complete description of the scope of the
order, see Notice of Amended Final
Results of Antidumping Duty
Administrative Review: Certain
Softwood Lumber Products From
Canada, 70 FR 3358 (January 24, 2005).
Initiation and Preliminary Results
Notice of Initiation and Preliminary
Results of Antidumping Duty Changed
Circumstances Review: Certain
Softwood Lumber Products From
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: In response to a request from
Winton Global Lumber Ltd. (Winton
Global), the Department of Commerce is
initiating a changed circumstances
review of the antidumping duty order
on Certain Softwood Lumber Products
from Canada and issuing this notice of
preliminary results. We have
preliminarily determined that Winton
Global Lumber Ltd. (Winton Global) is
the successor-in-interest to The Pas
Lumber Company Ltd. (The Pas).
AGENCY:
VerDate jul<14>2003
May 16, 2005.
FOR FURTHER INFORMATION CONTACT:
16:37 May 13, 2005
Jkt 205001
Pursuant to section 751(b)(1) of the
Tariff Act of 1930, as amended (the Act),
the Department will conduct a changed
circumstances review upon receipt of
information concerning, or a request
from an interested party for a review of,
an antidumping duty order which
shows changed circumstances sufficient
to warrant a review of the order. As
indicated in the Background section, we
have received information indicating
that The Pas has changed its name to
Winton Global. This constitutes
changed circumstances warranting a
review of the order. Therefore, in
accordance with section 751(b)(1) of the
Act, we are initiating a changed
circumstances review based upon the
information contained in Winton
Global’s submissions.
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Section 351.221(c)(3)(ii) of the
regulations permits the Department to
combine the notice of initiation of a
changed circumstances review and the
notice of preliminary results if the
Department concludes that expedited
action is warranted. In this instance,
because we have on the record the
information necessary to make a
preliminary finding, we find that
expedited action is warranted and have
combined the notice of initiation and
the notice of preliminary results.
In making successor-in-interest
determinations, 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.,
Polychloroprene Rubber from Japan:
Final Results of Changed Circumstances
Review, 67 FR 58 (January 2, 2002)
citing, Brass Sheet and Strip from
Canada: Notice of Final Results of
Antidumping Duty Administrative
Review, 57 FR 20460 (May 13, 1992).
While no single factor, or combination
of factors, will necessarily prove
dispositive, the Department will
generally consider the new company to
be the successor to its predecessor
company if the resulting operations are
essentially the same as the predecessor
company. Id. citing, Industrial
Phosphoric Acid from Israel; Final
Results of Changed Circumstances
Review, 59 FR 6944, 6945 (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
its predecessor, the Department will
assign the new company the cashdeposit rate of its predecessor.
In its April 21, 2005, submission,
Winton Global argues that it merely
changed its name to Winton Global from
The Pas, and that Winton Global is the
identical company to The Pas. As such,
Winton Global states that the company’s
personnel, operations, supplier/
customer relationships, and facilities
have not changed. To support its claims,
Winton Global submitted numerous
documents, including: (1) The
Certificate of Change of Name issued by
the Government of British Columbia; (2)
Customs Form 5016 notifying U.S.
Customs and Border Protection of the
name change; (3) a rider to Customs
Form 301 certifying that Winton Global
Ltd. is the same entity as the entity
formerly known as The Pas Lumber
Company Ltd.; (4) a copy of the
corporate consent resolution of the
shareholders of The Pas to change the
corporate name; (5) a Corporate
E:\FR\FM\16MYN1.SGM
16MYN1
]]>Agencies
[Federal Register Volume 70, Number 93 (Monday, May 16, 2005)]
[Notices]
[Pages 25809-25812]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2439]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Notice of Final Results of Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel Wire Rod From Mexico
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 of the antidumping duty order on carbon and
certain alloy steel wire rod from Mexico. The review covers two
producers 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: May 16, 2005.
FOR FURTHER INFORMATION CONTACT: Lyman Armstrong or Dennis McClure, at
(202) 482-3601 or (202) 482-5973, 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 Mexico. See Preliminary Results of Antidumping Duty Administrative
Review: Carbon and Certain Steel Alloy Steel Wire Rod from Mexico, 69
FR 64722 (November 8, 2004) (``Preliminary Results''). We conducted a
sales and cost verification at Hylsa Puebla, S.A. de C.V. (``Hylsa'')
from November 30 through December 11, 2004. On December 8, 2004, Hylsa
requested a hearing. On February 24, 2005, Hylsa withdrew its request
for a hearing. No other interested parties requested a hearing.
We invited parties to comment on the Preliminary Results. On
February 22, 2005, we received case briefs from Siderurgica Lazaro
Cardenas Las Truchas S.A. de C.V. (``SICARTSA'') and Hylsa, and from
the petitioners, Gerdau Ameristeel US Inc., ISG Georgetown Inc.,
Keystone Consolidated Industries, Inc., and North Star Steel Texas,
Inc. All parties submitted rebuttal briefs on February 28, 2005.
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, the scope of the order
during the first part of the POR was different from the scope during
the latter half of the POR. The scope in effect during each portion of
the POR is described 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)
[[Page 25810]]
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 subject to this order 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.
Scope of Order from July 24, 2003, through the end of 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
[[Page 25811]]
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 7213.91.3010, 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 for Hylsa, we have: (1)
Accepted new databases and made changes based on minor corrections
presented at verification; (2) classified export credit expense as a
direct selling expense rather than an indirect selling expense; (3)
recalculated Hylsa's warranty expense based on a three-year average;
(4) recalculated home market and U.S. credit expenses; and (5)
corrected clerical errors with respect to billing adjustments, early
payment discounts, and commission offset.
Based on our analysis of comments received for SICARTSA, we have:
(1) Recalculated the financial expense ratio to include all exchange
gains and losses and changes in monetary position as reported on the
audited financial statements and deducted an amount in the denominator
(i.e., from the costs of goods sold) of the ratio to account for
packing for all affiliated parties; (2) recalculated general and
administrative expenses to exclude exchange gains and losses related to
accounts payable; (3) adjusted the cost of manufacturing for affiliated
iron ore purchases; and (4) made corrections to our calculation for
programming errors.
For SICARTSA, in addition to the changes explained in the Decision
Memorandum, we made the following changes based on a review of the
preliminary calculations. We used the U.S. dollar short-term borrowing
rate for home market sales made in U.S. dollars to calculate imputed
credit expenses. When there were missing payment dates, we used the
date of SICARTSA's last submission to calculate imputed credit
expenses. We also made a correction to the home market sales revenue
used to calculate the constructed export price profit. See May 9, 2005,
Final Results Calculation Memorandum Siderurgica Lazaro Cardenas Las
Truchas S.A. de C.V.
Both Hylsa's and SICARTSA's adjustments are discussed in detail in
the Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period April 10, 2002, through
September 30, 2003:
------------------------------------------------------------------------
Weighted-average
Producer margin (percentage)
------------------------------------------------------------------------
Hylsa............................................. 5.45
SICARTSA.......................................... 1.06
------------------------------------------------------------------------
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The
Department has 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 Mexico
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 SICARTSA and
Hylsa, 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 20.11 percent, 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.
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
[[Page 25812]]
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX
I. List of Comments:
Hylsa Puebla S.A. (Hysla)
Comment 1: Minor Corrections
Comment 2: Transamerica Sales
Comment 3: Credit Insurance Premiums
Comment 4: Return Expenses Discovered at Verification
Comment 5: Interest Rates Used To Calculate Credit Expense
Comment 6: Hylsa's Warranty Expenses
Comment 7: Ministerial Errors
Siderurgica Lazaro Cardenas las Truchas, S.A. de C.V. (SICARTSA)
Comment 8: Sales Made Within Extended Period of Time
Comment 9: Use of Actual Yield Factor
Comment 10: Costs Related to Plant Shutdowns
Comment 11: Expenses Related to Parent Company G&A
Comment 12: Adjustments to Financial Expense
a. Net Interest Expense
b. Foreign Exchange Gains and Losses
c. Changes in Monetary Position
d. Consolidated Packing Expenses
Comment 13: Major Input Test
Comment 14: Ministerial Errors
Comment 15: Treatment of Negative Dumping Margins
[FR Doc. E5-2439 Filed 5-13-05; 8:45 am]
BILLING CODE 3510-DS-S
