Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago, 69512-69514 [E5-6331]
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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
Dated at Washington, DC, November 4,
2005.
Barbara De La Viez,
Civil Rights Analyst, Regional Programs
Coordination Unit.
[FR Doc. 05–22655 Filed 11–15–05; 8:45 am]
BILLING CODE 6335–01–P
COMMISSION ON CIVIL RIGHTS
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights, that a conference call of the
Wyoming State Advisory Committee
will convene at 12 p.m. (MST) and
adjourn at 1 p.m. (MST), Thursday,
November 17, 2005. The purpose of the
conference call is to discuss strategic
planning including plans regional
project on discrimination against Native
Americans in reservation border towns,
possible participation in school
desegregation project, and progress of
current SAC briefing summary,
‘‘Dropout Rates of Minority Students in
Wyoming Public Secondary Schools.’’
This conference call is available to the
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45188082. Any interested member of the
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to the meeting. Callers can expect to
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using the supplied call-in number or
over wireless lines and the Commission
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Callers will incur no charge for calls
using the call-in number over land-line
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conference call number and access code.
To ensure that the Commission
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The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission.
Dated at Washington, DC, November 7,
2005.
Ivy L. Davis,
Acting Chief, Regional Programs
Coordination Unit.
[FR Doc. 05–22654 Filed 11–15–05; 8:45 am]
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Jkt 208001
International Trade Administration
(A–274–804)
Notice of Final Results of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from
Trinidad and Tobago
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2005, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its second administrative
review of the antidumping duty order
on carbon and certain alloy steel wire
rod from Trinidad and Tobago. The
review covers one producer of the
subject merchandise. The period of
review (‘‘POR’’) is October 1, 2003,
through September 30, 2004. 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: November 16, 2005.
FOR FURTHER INFORMATION CONTACT:
Dennis McClure or James Terpstra, at
(202) 482–5973 or (202) 482–3965,
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:
Agenda and Notice of Public Meeting
of the Wyoming Advisory Committee
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Background
On July 12, 2005, the Department
published in the Federal Register the
preliminary results of the second
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod from
Trinidad and Tobago. See Preliminary
Results of Antidumping Duty
Administrative Review: Carbon and
Certain Steel Alloy Steel Wire Rod From
Trinidad and Tobago, 70 FR 39990 (July
12, 2005) (‘‘Preliminary Results’’).
We invited parties to comment on the
Preliminary Results. On July 26, 2005,
we extended the deadline for filing case
briefs and rebuttal briefs to August 26,
2005, and August 31, 2005, respectively.
On August 26, 2005, we received case
briefs from the sole respondent,
Carribean Ispat Limited (now known as
Mittal Steel Point Lisas Limited) and its
affiliates Ispat North America Inc. (now
known as Mittal Steel North America)
and Walker Wire (Ispat) Inc.
(collectively ‘‘CIL’’), and the petitioners:
ISG Georgetown Inc. (formerly
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Sfmt 4703
Georgetown Steel Company), Gerdau
Ameristeel US Inc. (formerly Co–Steel
Raritan, Inc.), Keystone Consolidated
Industries, Inc., and North Star Steel
Texas, Inc. CIL and the petitioners
submitted rebuttal briefs on August 31,
2005.
On September 1, 2005, CIL submitted
a letter to the Department requesting
that the Department remove the
petitioners’ rebuttal brief because it
contained a new argument. On
September 6, 2005, we returned the
petitioners rebuttal brief filed with the
new argument. On September 9, 2005,
the petitioners submitted a letter
objecting to the Department’s rejection
of its rebuttal brief and also argued that
CIL submitted new information and new
arguments in its rebuttal brief. On
September 13, 2005, the petitioners
resubmitted its brief as requested by the
Department. On September 14, 2005, the
Department sent a letter to the
petitioners explaining that CIL’s rebuttal
brief only contained new information
with regards to the referenced website
and that the Department would
disregard any information referenced
from the website.
Scope of the Order
The merchandise subject to this order
is certain hot–rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, 5.00
mm or more, but less than 19.00 mm, in
solid cross-sectional diameter.
Specifically excluded are steel
products possessing the above–noted
physical characteristics and meeting the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) definitions for
(a) stainless steel; (b) tool steel; c) high
nickel steel; (d) ball bearing steel; and
(e) concrete reinforcing bars and rods.
Also excluded are (f) free machining
steel products (i.e., products that
contain by weight one or more of the
following elements: 0.03 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
Also excluded from the scope are
1080 grade tire cord quality wire rod
and 1080 grade tire bead quality wire
rod. 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
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Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
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
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wire rod and certain grade 1080 tire
bead quality wire rod that are entered,
or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as
‘‘tire cord quality’’ or ‘‘tire bead quality’’
indicates the acceptability of the
product for use in the production of tire
cord, tire bead, or wire for use in other
rubber reinforcement applications such
as hose wire. These quality designations
are presumed to indicate that these
products are being used in tire cord, tire
bead, and other rubber reinforcement
applications, and such merchandise
intended for the tire cord, tire bead, or
other rubber reinforcement applications
is not included in the scope. However,
should the petitioners or other
interested parties provide a reasonable
basis to believe or suspect that there
exists a pattern of importation of such
products for other than those
applications, end–use certification for
the importation of such products may be
required. Under such circumstances,
only the importers of record would
normally be required to certify the end
use of the imported merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under review are
currently classifiable under subheadings
7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and
7227.90.6059 of the HTSUS. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this proceeding is dispositive.1
Analysis of Comments Received
The issues raised in the case and
rebuttal 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 Stephen J. Claeys, 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
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.
PO 00000
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Fmt 4703
Sfmt 4703
69513
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
Based on our analysis of comments
received, we have corrected the normal
value calculation by using the home
market price adjustment variable,
instead of the U.S. price adjustment
variable. In addition, we excluded
certain wire rod sold in the home
market from our calculation because it
did not meet our model match criteria.
These adjustments are discussed in
further detail in the Decision
Memorandum.
Final Results of Review
As a result of our review, we
determine that the following weighted–
average margin exists for the period of
October 1, 2003, through September 30,
2004:
Producer
CIL ............................
Weighted–Average
Margin (Percentage)
4.13
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
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of carbon and
certain alloy steel wire rod from
Trinidad and Tobago entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
by section 751(a) of the Tariff Act of
1930, as amended (‘‘the Act’’): (1) for
CIL, the cash deposit rate will be the
rate listed above; (2) for merchandise
exported by producers or exporters not
covered in this review but covered in
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69514
Federal Register / Vol. 70, No. 220 / Wednesday, November 16, 2005 / Notices
the investigation, the cash deposit rate
will continue to be the company–
specific rate from the final
determination; (3) if the exporter is not
a firm covered in this review or the
investigation, but the producer is, the
cash deposit rate will be that established
for the producer of the merchandise in
these final results of review or in the
final determination; and (4) if neither
the exporter nor the producer is a firm
covered in this review or the
investigation, the cash deposit rate will
be 11.40 percent, 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)(2) 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 orders (‘‘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: November 8, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
APPENDIX
Comment 1: Ministerial Error Related to
Normal Value (‘‘NV’’) Adjustment
Comment 2: Methodology for
Calculating Imputed Expenses for CEP
(‘‘CEP’’) Sales
Comment 3: CEP Offset Adjustment and
Level of Trade (‘‘LOT’’) Analysis
Comment 4: Treatment of Certain
Merchandise as Non–prime
[FR Doc. E5–6331 Filed 11–15–05; 8:45 am]
BILLING CODE 3510–DS–S
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16:39 Nov 15, 2005
Jkt 208001
DEPARTMENT OF COMMERCE
International Trade Administration
(A–583–831)
Stainless Steel Sheet and Strip in Coils
from Taiwan: Extension of Time Limit
for Final Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: November 16, 2005.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan or Melissa Blackledge,
AD/CVD Operations, Office 4, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone (202) 482–4081 or (202) 482–
3518, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
determination to 180 days (or 300 days
if the Department does not extend the
time limit for the preliminary
determination) from the date of
publication of the preliminary
determination. We have determined that
it is not practicable to complete the final
results of this review within the original
time limit because the Department has
required additional time to consider a
number of complex affiliation and cost
issues. Therefore, the Department is
extending the time limit for completion
of the final results of review by 60 days.
We intend to issue the final results of
review no later than February 5, 2006.
This extension is in accordance with
section 751(a)(3)(A) of the Act.
Dated: November 8, 2005.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E5–6328 Filed 11–15–05; 8:45 am]
BILLING CODE 3510–DS–S
Background
On August 30, 2004, the Department
of Commerce (the Department)
published in the Federal Register a
notice of initiation of an administrative
review of the antidumping duty order
on stainless steel sheet and strip in coils
from Taiwan, covering the period July 1,
2003, through June 30, 2004. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Requests for Revocation in
Part, 69 FR 52857 (August 30, 2004).
On August 9, 2005, the Department
published in the Federal Register the
preliminary results of review. See
Stainless Steel Sheet and Strip in Coils
from Taiwan: Notice of Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 70 FR 46137 (August 9, 2005).
The final results of review are currently
due no later than December 7, 2005.
Extension of Time Limit for Final
Results of Review
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to make a preliminary
determination in an administrative
review within 245 days after the last day
of the anniversary month of an order or
finding for which a review is requested
and a final determination within 120
days after the date on which the
preliminary determination is published.
However, if it is not practicable to
complete the review within these time
periods, section 751(a)(3)(A) of the Act
allows the Department to extend the
245–day time limit for the preliminary
determination to a maximum of 365
days and the time limit for the final
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DEPARTMENT OF COMMERCE
International Trade Administration
C–580–851
Dynamic Random Access Memory
Semiconductors from the Republic of
Korea: Notice of Extension of Time
Limit for Countervailing Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
EFFECTIVE DATE:
November 16, 2005.
Cole
Kyle or Marc Rivitz, Office of
Antidumping/Countervailing Duty
Operations, Office 1, Import
Administration, U.S. Department of
Commerce, Room 3069, 14th Street and
Constitution Avenue, N.W.,
Washington, D.C. 20230; telephone:
(202) 482–1503 or (202) 482–1382,
respectively.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
On September 15, 2005, the
Department of Commerce (the
Department) published the preliminary
results of the countervailing duty order
on dynamic random access memory
semiconductors from the Republic of
Korea (‘‘Korea’’) covering the period
April 7, 2003, through December 31,
2003 (70 FR 54523). The final results are
currently due no later than January 13,
2006.
E:\FR\FM\16NON1.SGM
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Agencies
[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69512-69514]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6331]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-274-804)
Notice of Final Results of Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and
Tobago
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 12, 2005, the Department of Commerce (``the
Department'') published the preliminary results of its second
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Trinidad and Tobago. The review
covers one producer of the subject merchandise. The period of review
(``POR'') is October 1, 2003, through September 30, 2004. 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: November 16, 2005.
FOR FURTHER INFORMATION CONTACT: Dennis McClure or James Terpstra, at
(202) 482-5973 or (202) 482-3965, respectively; AD/CVD Operations,
Office 3, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14\th\ Street & Constitution Avenue, NW.,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On July 12, 2005, the Department published in the Federal Register
the preliminary results of the second administrative review of the
antidumping duty order on carbon and certain alloy steel wire rod from
Trinidad and Tobago. See Preliminary Results of Antidumping Duty
Administrative Review: Carbon and Certain Steel Alloy Steel Wire Rod
From Trinidad and Tobago, 70 FR 39990 (July 12, 2005) (``Preliminary
Results'').
We invited parties to comment on the Preliminary Results. On July
26, 2005, we extended the deadline for filing case briefs and rebuttal
briefs to August 26, 2005, and August 31, 2005, respectively. On August
26, 2005, we received case briefs from the sole respondent, Carribean
Ispat Limited (now known as Mittal Steel Point Lisas Limited) and its
affiliates Ispat North America Inc. (now known as Mittal Steel North
America) and Walker Wire (Ispat) Inc. (collectively ``CIL''), and the
petitioners: ISG Georgetown Inc. (formerly Georgetown Steel Company),
Gerdau Ameristeel US Inc. (formerly Co-Steel Raritan, Inc.), Keystone
Consolidated Industries, Inc., and North Star Steel Texas, Inc. CIL and
the petitioners submitted rebuttal briefs on August 31, 2005.
On September 1, 2005, CIL submitted a letter to the Department
requesting that the Department remove the petitioners' rebuttal brief
because it contained a new argument. On September 6, 2005, we returned
the petitioners rebuttal brief filed with the new argument. On
September 9, 2005, the petitioners submitted a letter objecting to the
Department's rejection of its rebuttal brief and also argued that CIL
submitted new information and new arguments in its rebuttal brief. On
September 13, 2005, the petitioners resubmitted its brief as requested
by the Department. On September 14, 2005, the Department sent a letter
to the petitioners explaining that CIL's rebuttal brief only contained
new information with regards to the referenced website and that the
Department would disregard any information referenced from the website.
Scope of the Order
The merchandise subject to this order is certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid
cross-sectional diameter.
Specifically excluded are steel products possessing the above-noted
physical characteristics and meeting the Harmonized Tariff Schedule of
the United States (``HTSUS'') definitions for (a) stainless steel; (b)
tool steel; c) high nickel steel; (d) ball bearing steel; and (e)
concrete reinforcing bars and rods. Also excluded are (f) free
machining steel products (i.e., products that contain by weight one or
more of the following elements: 0.03 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or more of sulfur, more than
0.04 percent of phosphorus, more than 0.05 percent of selenium, or more
than 0.01 percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. 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
[[Page 69513]]
microns; (iv) having a carbon segregation per heat average of 3.0 or
better using European Method NFA 04-114; (v) having a surface quality
with no surface defects of a length greater than 0.15 mm; (vi) capable
of being drawn to a diameter of 0.30 mm or less with 3 or fewer breaks
per ton, and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of aluminum, (3) 0.040 percent or less, in the aggregate,
of phosphorus and sulfur, (4) 0.006 percent or less of nitrogen, and
(5) not more than 0.15 percent, in the aggregate, of copper, nickel and
chromium.
This grade 1080 tire bead quality rod is defined as: (i) grade 1080
tire bead quality wire rod measuring 5.5 mm or more but not more than
7.0 mm in cross-sectional diameter; (ii) with an average partial
decarburization of no more than 70 microns in depth (maximum individual
200 microns); (iii) having no non-deformable inclusions greater than 20
microns and no deformable inclusions greater than 35 microns; (iv)
having a carbon segregation per heat average of 3.0 or better using
European Method NFA 04-114; (v) having a surface quality with no
surface defects of a length greater than 0.2 mm; (vi) capable of being
drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per
ton; and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of
nitrogen, and (5) either not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium (if chromium is not specified), or not
more than 0.10 percent in the aggregate of copper and nickel and a
chromium content of 0.24 to 0.30 percent (if chromium is specified).
For purposes of the grade 1080 tire cord quality wire rod and the
grade 1080 tire bead quality wire rod, an inclusion will be considered
to be deformable if its ratio of length (measured along the axis--that
is, the direction of rolling--of the rod) over thickness (measured on
the same inclusion in a direction perpendicular to the axis of the rod)
is equal to or greater than three. The size of an inclusion for
purposes of the 20 microns and 35 microns limitations is the
measurement of the largest dimension observed on a longitudinal section
measured in a direction perpendicular to the axis of the rod. This
measurement methodology applies only to inclusions on certain grade
1080 tire cord quality wire rod and certain grade 1080 tire bead
quality wire rod that are entered, or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise intended for the tire cord, tire
bead, or other rubber reinforcement applications is not included in the
scope. However, should the petitioners or other interested parties
provide a reasonable basis to believe or suspect that there exists a
pattern of importation of such products for other than those
applications, end-use certification for the importation of such
products may be required. Under such circumstances, only the importers
of record would normally be required to certify the end use of the
imported merchandise.
All products meeting the physical description of subject
merchandise that are not specifically excluded are included in this
scope.
The products under review are currently classifiable under
subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090,
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this proceeding is
dispositive.\1\
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\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.
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Analysis of Comments Received
The issues raised in the case and rebuttal 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 Stephen J. Claeys, 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 www.ia.ita.doc.gov/frn. The paper copy and
electronic version of the Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received, we have corrected the
normal value calculation by using the home market price adjustment
variable, instead of the U.S. price adjustment variable. In addition,
we excluded certain wire rod sold in the home market from our
calculation because it did not meet our model match criteria. These
adjustments are discussed in further detail in the Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period of October 1, 2003,
through September 30, 2004:
------------------------------------------------------------------------
Weighted-Average
Producer Margin (Percentage)
------------------------------------------------------------------------
CIL............................................... 4.13
------------------------------------------------------------------------
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
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of carbon and certain alloy steel wire rod from Trinidad and
Tobago entered, or withdrawn from warehouse, for consumption on or
after the publication date of these final results, as provided by
section 751(a) of the Tariff Act of 1930, as amended (``the Act''): (1)
for CIL, the cash deposit rate will be the rate listed above; (2) for
merchandise exported by producers or exporters not covered in this
review but covered in
[[Page 69514]]
the investigation, the cash deposit rate will continue to be the
company-specific rate from the final determination; (3) if the exporter
is not a firm covered in this review or the investigation, but the
producer is, the cash deposit rate will be that established for the
producer of the merchandise in these final results of review or in the
final determination; and (4) if neither the exporter nor the producer
is a firm covered in this review or the investigation, the cash deposit
rate will be 11.40 percent, 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)(2) 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 orders (``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: November 8, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
APPENDIX
Comment 1: Ministerial Error Related to Normal Value (``NV'')
Adjustment
Comment 2: Methodology for Calculating Imputed Expenses for CEP
(``CEP'') Sales
Comment 3: CEP Offset Adjustment and Level of Trade (``LOT'') Analysis
Comment 4: Treatment of Certain Merchandise as Non-prime
[FR Doc. E5-6331 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-DS-S