Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Brazil, 28271-28273 [E5-2471]
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Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
the Committee on June 1, 2005. The
Committee values most those public
comments that bear upon issues under
direct examination by the Committee,
rather than issues unrelated to the
Committee’s current scope of
discussion. Members of the public may
also submit written statements to the
contact person listed above at any time
before or after the meeting. However, to
facilitate distribution of written
statements to Committee members, the
Committee suggests that written
statements be submitted to the
Designated Federal Officer listed above
by facsimile or e-mail no later than May
25, 2005.
The above agendas are subject to
change. More detailed agendas
(including details on the public
comment portion of the meeting) will be
posted on the Department’s Web site at
https://www.commerce.gov/SACI/
index.htm, and a final agenda will be
made available to the public prior to the
Committee meetings.
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
International Trade Administration
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 Brazil.
See Notice of Preliminary Results of
Antidumping Duty Administrative
Review: Carbon and Certain Steel Alloy
Steel Wire from Brazil, 69 FR 64716
(November 8, 2004) (Preliminary
Results)
We invited parties to comment on the
Preliminary Results. On January 5, 2005,
we received case briefs from the
´
respondent, Companhia Siderurgica
˜¸
Belgo Mineira, Belgo Mineira Participac
´
´
o Industria e Comercio S.A. and BMP
´
Siderurgica S.A. (collectively, Belgo),
Belgo’s affiliate,1 and the petitioners,
Gerdau Ameristeel US Inc., Georgetown
Steel Company, Keystone Consolidated
Industries, Inc., and North Star Steel
Texas, Inc.2 The respondent and
petitioners submitted rebuttal briefs on
January 12, 2005. A public hearing was
requested, with parties agreeing to limit
it to issues raised on the scope inquiry
that was initiated in conjunction with
this administrative review.
(A–351–832)
Scope Issues
Notice of Final Results of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from
Brazil
On October 27, 2004, the Department
issued its preliminary ruling concerning
the exclusion of grade 1080 tire cord
quality wire rod and tire bead quality
tire wire rod (1080 TCBQWR). See
Memorandum from Jesse Cortes,
Analyst to Jeffery May, Deputy Assistant
Secretary, Re: Carbon and Certain Alloy
Steel Wire Rod from Brazil: Preliminary
Scope Ruling on Grade 1080 Tire Cord
Quality Wire Rod and Tire Bead Quality
Wire Rod (October 27, 2004). We
received case briefs from Belgo and
Bakaert, and the petitioners submitted
rebuttal comments.
As mentioned above, a public hearing
was held on the scope inquiry on
January 28, 2005. On May 9, 2005, the
Department issued its final ruling on the
scope inquiry. See Memorandum from
Dated: May 11, 2005.
David Bearden,
Deputy Assistant Secretary of Commerce for
Economic Development.
[FR Doc. 05–9759 Filed 5–16–05; 8:45 am]
BILLING CODE 3510–24–P
DEPARTMENT OF COMMERCE
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 Brazil. The review covers one
producer of the subject merchandise.
The period of review (POR) is April 15,
2002, through September 30, 2003.
Based on our analysis of comments
received, these final results do not differ
from the preliminary results. The final
results are listed below in the Final
Results of Review section.
EFFECTIVE DATE: May 17, 2005.
FOR FURTHER INFORMATION CONTACT:
Constance Handley or David Neubacher,
at (202) 482–0631 or (202) 482–5823,
respectively; AD/CVD Operations,
Office 1, Import Administration,
AGENCY:
VerDate jul<14>2003
15:22 May 16, 2005
Jkt 205001
1 Bekaert Corporation (Bekaert U.S.) and N.V.
Bekaert S.A. (N.V. Bakaert) (collectively,
‘‘Bekaert‘‘).
2 Since the review was initiated, Georgetown
Steel Company was purchased by International
Steel Group and is now known as ISG Georgetown.
As of November 1, 2004, Gerdau Ameristeel
completed its purchase of the assets of North Star
Steel, and that facility is now part of Gerdau
Ameristeel.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
28271
David Neubacher, Analyst to Barbara E.
Tillman, Acting Deputy Assistant
Secretary, Re: Carbon and Certain Alloy
Steel Wire Rod from Brazil: Final Scope
Ruling on Grade 1080 Tire Cord Quality
Wire Rod and Tire Bead Quality Wire
Rod (Final Scope Ruling) (May 9, 2005),
which is on file in the Central Records
Unit in Room B–099 of the main
Commerce building. For the final ruling,
we have continued to hold that for
entries prior to July 24, 2003, 1080
TCBQWR with inclusions greater than
20 microns measured in any direction,
is excluded from the order
Scope of the Order
Effective July 24, 2003, in accordance
with the Department’s Notice of Final
Result 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 April 15, 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–
E:\FR\FM\17MYN1.SGM
17MYN1
28272
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
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 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
VerDate jul<14>2003
15:22 May 16, 2005
Jkt 205001
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, 7213.91.3015,
7213.91.3090, 7213.91.3092,
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 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)
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
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
E:\FR\FM\17MYN1.SGM
17MYN1
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Notices
cord, tire bead, or wire for use in other
rubber reinforcement applications such
as hose wire. These quality designations
are presumed to indicate that these
products are being used in tire cord, tire
bead, and other rubber reinforcement
applications, and such merchandise
intended for the tire cord, tire bead, or
other rubber reinforcement applications
is not included in the scope. However,
should petitioners or other interested
parties provide a reasonable basis to
believe or suspect that there exists a
pattern of importation of such products
for other than those applications, end–
use certification for the importation of
such products may be required. Under
such circumstances, only the importers
of record would normally be required to
certify the end use of the imported
merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under review are
currently classifiable under subheadings
7213.91.3010, 7213.91.3015,
7213.91.3090, 7213.91.3092,
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.3
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), and
the Final Scope Ruling 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 www.ia.ita.doc.gov/frn. The
paper copy and electronic version of the
Decision Memorandum are identical in
content.
3 Effective January 1, 2004, U.S. Customs and
Border Protection (CBP) reclassified certain HTSUS
numbers related to the subject merchandise. See
https://hotdocs.usitc.gov/tarifflchapterslcurrent/
toc.html.
VerDate jul<14>2003
16:55 May 16, 2005
Jkt 205001
Changes Since the Preliminary Results
No changes have been made since the
Preliminary Results. Our decisions
regarding issues raised in the case briefs
are discussed in detail in the Decision
Memorandum and the Final Scope
Ruling.
Final Results of Review
As a result of our review, we
determine that the following weighted–
average margin exists for the period of
April 15, 2002, through September 30,
2003:
Producer
Weighted–Average
Margin (Percentage)
Companhia
´
Siderurgica Belgo
Mineira,.
Belgo Mineira
˜¸
Participaco
´
Industria e
´
Comercio S.A..
and BMP
´
Siderurgica S.A.
98.69
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 Brazil 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 companies covered by this
review, 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
PO 00000
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Fmt 4703
Sfmt 4703
28273
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 74.35 percent,4 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 in the
subsequent assessment of double
antidumping duties.
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: May 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
APPENDIX
Comment 1: Normal Value Adjustment
for ICMS taxes
Comment 2: U.S. Price Adjustment for
Duty Drawback
Comment 3: Adjustment for
Commissions
Comment 4: Affiliated Parties
Comment 5: Special Rule for Products
Further Manufactured in the United
States
Comment 6: Final Scope Ruling
[FR Doc. E5–2471 Filed 5–16–05; 8:45 am]
BILLING CODE 3510–DS–S
4 Please note that the instructions sent to Customs
and Border Protection will reduce the rate by the
amount of the export subsidy.
E:\FR\FM\17MYN1.SGM
17MYN1
]]>Agencies
[Federal Register Volume 70, Number 94 (Tuesday, May 17, 2005)]
[Notices]
[Pages 28271-28273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-2471]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
(A-351-832)
Notice of Final Results of Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel Wire Rod from Brazil
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 Brazil. The review covers one
producer of the subject merchandise. The period of review (POR) is
April 15, 2002, through September 30, 2003. Based on our analysis of
comments received, these final results do not differ from the
preliminary results. The final results are listed below in the Final
Results of Review section.
EFFECTIVE DATE: May 17, 2005.
FOR FURTHER INFORMATION CONTACT: Constance Handley or David Neubacher,
at (202) 482-0631 or (202) 482-5823, 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 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 Brazil. See Notice of Preliminary Results of Antidumping Duty
Administrative Review: Carbon and Certain Steel Alloy Steel Wire from
Brazil, 69 FR 64716 (November 8, 2004) (Preliminary Results)
We invited parties to comment on the Preliminary Results. On
January 5, 2005, we received case briefs from the respondent, Companhia
Sider[uacute]rgica Belgo Mineira, Belgo Mineira
Particip[atilde][ccedil] o Ind[uacute]stria e Com[eacute]rcio S.A. and
BMP Sider[uacute]rgica S.A. (collectively, Belgo), Belgo's
affiliate,\1\ and the petitioners, Gerdau Ameristeel US Inc.,
Georgetown Steel Company, Keystone Consolidated Industries, Inc., and
North Star Steel Texas, Inc.\2\ The respondent and petitioners
submitted rebuttal briefs on January 12, 2005. A public hearing was
requested, with parties agreeing to limit it to issues raised on the
scope inquiry that was initiated in conjunction with this
administrative review.
---------------------------------------------------------------------------
\1\ Bekaert Corporation (Bekaert U.S.) and N.V. Bekaert S.A.
(N.V. Bakaert) (collectively, ``Bekaert``).
\2\ Since the review was initiated, Georgetown Steel Company was
purchased by International Steel Group and is now known as ISG
Georgetown. As of November 1, 2004, Gerdau Ameristeel completed its
purchase of the assets of North Star Steel, and that facility is now
part of Gerdau Ameristeel.
---------------------------------------------------------------------------
Scope Issues
On October 27, 2004, the Department issued its preliminary ruling
concerning the exclusion of grade 1080 tire cord quality wire rod and
tire bead quality tire wire rod (1080 TCBQWR). See Memorandum from
Jesse Cortes, Analyst to Jeffery May, Deputy Assistant Secretary, Re:
Carbon and Certain Alloy Steel Wire Rod from Brazil: Preliminary Scope
Ruling on Grade 1080 Tire Cord Quality Wire Rod and Tire Bead Quality
Wire Rod (October 27, 2004). We received case briefs from Belgo and
Bakaert, and the petitioners submitted rebuttal comments.
As mentioned above, a public hearing was held on the scope inquiry
on January 28, 2005. On May 9, 2005, the Department issued its final
ruling on the scope inquiry. See Memorandum from David Neubacher,
Analyst to Barbara E. Tillman, Acting Deputy Assistant Secretary, Re:
Carbon and Certain Alloy Steel Wire Rod from Brazil: Final Scope Ruling
on Grade 1080 Tire Cord Quality Wire Rod and Tire Bead Quality Wire Rod
(Final Scope Ruling) (May 9, 2005), which is on file in the Central
Records Unit in Room B-099 of the main Commerce building. For the final
ruling, we have continued to hold that for entries prior to July 24,
2003, 1080 TCBQWR with inclusions greater than 20 microns measured in
any direction, is excluded from the order
Scope of the Order
Effective July 24, 2003, in accordance with the Department's Notice
of Final Result 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 April 15, 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-
[[Page 28272]]
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 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, 7213.91.3015, 7213.91.3090, 7213.91.3092,
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 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
[[Page 28273]]
cord, tire bead, or wire for use in other rubber reinforcement
applications such as hose wire. These quality designations are presumed
to indicate that these products are being used in tire cord, tire bead,
and other rubber reinforcement applications, and such merchandise
intended for the tire cord, tire bead, or other rubber reinforcement
applications is not included in the scope. However, should petitioners
or other interested parties provide a reasonable basis to believe or
suspect that there exists a pattern of importation of such products for
other than those applications, end-use certification for the
importation of such products may be required. Under such circumstances,
only the importers of record would normally be required to certify the
end use of the imported merchandise.
All products meeting the physical description of subject
merchandise that are not specifically excluded are included in this
scope.
The products under review are currently classifiable under
subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092,
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.\3\
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\3\ Effective January 1, 2004, 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.
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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), and the Final Scope Ruling 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
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
No changes have been made since the Preliminary Results. Our
decisions regarding issues raised in the case briefs are discussed in
detail in the Decision Memorandum and the Final Scope Ruling.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period of April 15, 2002,
through September 30, 2003:
------------------------------------------------------------------------
Weighted-Average
Producer Margin (Percentage)
------------------------------------------------------------------------
Companhia Sider[uacute]rgica Belgo Mineira,......
Belgo Mineira Particip[atilde][ccedil]o
Ind[uacute]stria e Com[eacute]rcio S.A........
and BMP Sider[uacute]rgica S.A................. 98.69
------------------------------------------------------------------------
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 Brazil
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 companies
covered by this review, 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 74.35 percent,\4\
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.
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\4\ Please note that the instructions sent to Customs and Border
Protection will reduce the rate by the amount of the export subsidy.
---------------------------------------------------------------------------
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 in the subsequent
assessment of double antidumping duties.
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: May 9, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
APPENDIX
Comment 1: Normal Value Adjustment for ICMS taxes
Comment 2: U.S. Price Adjustment for Duty Drawback
Comment 3: Adjustment for Commissions
Comment 4: Affiliated Parties
Comment 5: Special Rule for Products Further Manufactured in the United
States
Comment 6: Final Scope Ruling
[FR Doc. E5-2471 Filed 5-16-05; 8:45 am]
BILLING CODE 3510-DS-S
