Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod From Mexico, 27989-27991 [E6-7360]
Download as PDF
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
fishing activities, continued recreational
opportunities, protected land values,
protected road and utility networks, and
reduced maintenance costs for public
infrastructure.
Wildlife habitat will not be disturbed
during installation activities. No wetlands,
wildlife habitat, fisheries, prime farmland, or
cultural resources will be destroyed or
threatened by this project. Some 11.3 acres of
wetland and wetland type wildlife habitat
will be preserved. Fishery habitats will also
be maintained.
No endangered or threatened plant or
animal species will be adversely affected by
the project.
There are no wilderness areas in the
watershed.
jlentini on PROD1PC65 with NOTICES
Alternatives
Seven alternative plans of action were
considered in project planning. No
significant adverse environmental impacts
are anticipated from installation of the
selected alternative. Also, the planned action
is the most practical, complete, and
acceptable means of protecting life and
property of downstream residents.
Consultation—Public Participation
Original sponsoring organizations include
the Gwinnett County Government, Gwinnett
County Soil and Water Conservation District,
and the Upper Ocmulgee River Resource
Conservation and Development Council. At
the initiation of the planning process,
meetings were held with representatives of
the original sponsoring organizations to
ascertain their interest and concerns
regarding the Yellow River Watershed.
Gwinnett County agreed to serve as ‘‘lead
sponsor’’ being responsible for leading the
planning process with assistance from NRCS.
As lead sponsor they also agreed to provide
non-federal cost-share, property rights,
operation and maintenance, and public
participation during, and beyond, the
planning process
An Interdisciplinary Planning Team
provided for the ‘‘technical’’ administration
of this project. Technical administration
includes tasks pursuant to the NRCS ninestep planning process, and planning
procedures outlined in the NRCS-National
Planning Procedures Handbook. Examples of
tasks completed by the Planning Team
include, but are not limited to, Preliminary
Investigations, Hydrologic Analysis,
Reservoir Sedimentation Surveys, Economic
Analysis, Formulating and Evaluating
Alternatives, and Writing the Watershed
Plan—Environmental Assessment. Data
collected from partner agencies, databases,
landowners, and others throughout the entire
planning process, were presented at the
public meeting on April 14, 2005. Informal
discussions amongst planning team
members, partner agencies, and landowners
were conducted throughout the entire
planning period.
A Technical Advisory Group was
developed to aid the Planning Team with the
planning process. The following agencies
were involved in developing this plan and
provided representation on the Technical
Advisory Group:
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16:54 May 12, 2006
Jkt 208001
• Gwinnett County Government
• Gwinnett County Soil and Water
Conservation Districts
• Georgia Department of Natural
Resources, Environmental Protection
Division [EPD], Safe Dams Program
• Georgia Department of Natural
Resources, Wildlife Resources Division
[WRD], Game and Fisheries Section
• United States Environmental Protection
Agency [EPA], Region IV
• USDA, Natural Resources Conservation
Service [NRCS]
• USDI, Fish and Wildlife Service [F&WS]
• US Army Corps of Engineers [COE]
Public Participation
A public meeting was held on April 14,
2005 to explain the Small Watershed
Rehabilitation Program and to scope resource
problems, issues, and concerns of local
residents associated with the Y–3 project
area. Potential alternative solutions to bring
Y–3 into compliance with current dam safety
criteria were also presented. Through a
voting process, eleven meeting participants
heard summaries of planning
accomplishments to date provided input on
issues and concerns to be considered in the
planning process, were made aware of results
from the reservoir sedimentation survey, and
identified which planning alternative [i.e. No
Action, Decommission, Structural, NonStructural] was most desirable.
Conclusion
The Environmental Assessment
summarized above indicates that this Federal
action will not cause significant adverse
local, regional, or national impacts on the
environment. Therefore, based on the above
findings, I have determined that an
environmental impact statement for the
recommended plan of action on Yellow River
Watershed Structure No. 3 is not required.
Dated: May 4, 2006.
James E. Tillman, Sr.,
State Conservationist.
[FR Doc. E6–7306 Filed 5–12–06; 8:45 am]
BILLING CODE 3410–16–P
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 7, 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 Mexico. The review covers two
AGENCY:
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27989
producers 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: May 15, 2006.
FOR FURTHER INFORMATION CONTACT:
Tipten Troidl or Jolanta Lawska, at (202)
482–1767 or (202) 482–8362,
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 7, 2005, 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, 70 FR 67422 (November 7,
2005) (Preliminary Results). On
December 7, 2005, petitioners 1
requested a hearing, and on December 7,
2005, Hylsa Puebla, S.A. de C.V. (Hylsa)
also requested a hearing. On January 6,
2006, both petitioners and Hylsa
withdrew their requests for a hearing.
No other interested parties requested a
hearing.
We invited parties to comment on the
Preliminary Results. On December 14,
2005, we received case briefs from
Siderurgica Lazaro Cardenas Las
Truchas S.A. de C.V. (SICARTSA),
Hysla, and petitioners. All parties
submitted rebuttal briefs on December
19, 2005.
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
1 Gerdau Ameristeel US Inc., ISG Georgetown
Inc., Keystone Consolidated Industries, Inc., and
North Star Steel Texas, Inc.
E:\FR\FM\15MYN1.SGM
15MYN1
jlentini on PROD1PC65 with NOTICES
27990
Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
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
VerDate Aug<31>2005
16:54 May 12, 2006
Jkt 208001
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 subject to this order are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3092, 7213.91.4500,
7213.91.6000, 7213.99.0030,
7213.99.0090, 7227.20.0000,
7227.90.6010, and 7227.90.6080 of the
HTSUS. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
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Frm 00005
Fmt 4703
Sfmt 4703
written description of the scope of this
proceeding is dispositive.2
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 David M. Spooner,
Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary (Wire Rod
Decision Memorandum), which is
hereby adopted by this notice. A list of
the issues addressed in the Wire Rod
Decision Memorandum is appended to
this notice. The Wire Rod 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 Wire Rod
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on our analysis of comments
received for Hylsa, we have: (1)
Included our weighting of characteristic
methodology used in prior segments
which was omitted for the preliminary
results; (2) made adjustments to the
reported costs of direct materials (iron
ore and steel scrap) from affiliated
suppliers; (3) recalculated Hylsa’s
warranty expense ratio using a threeyear history of U.S. warranty claims; (4)
revised Hylsa’s parent company’s
calculation of G&A expenses to include
‘‘corporate charges from affiliated
parties;’’ (5) adjusted Hylsa’s General &
Administrative (G&A) expense ratio to
account for ‘‘parent company profit
sharing expenses;’’ (6) corrected a
ministerial error in the calculation of
net price for U.S. sales with billing
adjustments. See May 8, 2006, Final
Calculation Memorandum for Hylsa
Puebla, S.A. de C.V.
Based on our analysis of comments
received for SICARTSA and our finding,
we have: (1) Included our weighting of
characteristic methodology used in prior
segments which was omitted for the
preliminary results; (2) removed an
improper adjustment to cost of
manufacturing; (3) included the variable
for debit notes in the programs; (4)
corrected a syntax error in summing
home–market credit expenses; (5)
corrected an error in which we
improperly excluded partially unpaid
accounts receivables; (6) renamed a file
of home–market selling expenses used
2 Effective January 1, 2006, U.S. Customs and
Border Protection (CBP) reclassified certain HTSUS
numbers related to the subject merchandise. See
http: //hotdocs.usitc.gov/ tarifflchapterslcurrent/
toc.html.
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Federal Register / Vol. 71, No. 93 / Monday, May 15, 2006 / Notices
jlentini on PROD1PC65 with NOTICES
for constructed value which is imported
from the comparison market program to
the margin program; (7) removed an
incorrect adjustment made to
SICARTSA’s general and administrative
expense; (8) used the invoice date as the
date of sale in the comparison market
program; and (9) applied a per–unit
assessment rate. See May 8, 2006, Final
Calculation Memorandum for
Siderurgica Lazaro Cardenas Las
Truchas (SICARTSA).
Both Hylsa’s and SICARTSA’s
adjustments are discussed in detail in
the accompanying Wire Rod Decision
Memorandum.
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 a prior segment,
the cash deposit rate will continue to be
the company–specific rate from the final
results; (3) if the exporter is not a firm
covered in this review or a prior
segment, but the producer is, the cash
deposit rate will be that established for
Final Results of Review
the producer of the merchandise in
As a result of our review, we
these final results of review or in the
determine that the following weighted–
final determination; and (4) if neither
average margins exist for the period
the exporter nor the producer is a firm
October 01, 2003, through September
covered in this review or the
30, 2004:
investigation, the cash deposit rate will
be 20.11 percent, the ‘‘All Others’’ rate
Weighted–
established in the less–than-fair–value
Average
investigation. These deposit
Producer
Margin
(Percentrequirements shall remain in effect until
age)
publication of the final results of the
Hylsa ...........................................
1.81 next administrative review.
SICARTSA ..................................
1.26
This notice also serves as a final
reminder to importers of their
Assessment
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
The Department will determine, and
CBP shall assess, antidumping duties on reimbursement of antidumping duties
all appropriate entries, pursuant to 19
prior to liquidation of the relevant
CFR 351.212(b). For Hylsa, the
entries during this review period.
Department has calculated importer–
Failure to comply with this requirement
specific duty assessment rates on the
could result in the Secretary’s
basis of the ratio of the total amount of
presumption that reimbursement of
antidumping duties calculated for the
antidumping duties occurred and the
examined sales to the total entered
subsequent increase in antidumping
value of the examined sales for that
duties by the amount of antidumping
importer. For SICARTSA, the
duties reimbursed.
Department has calculated importer–
This notice also is the only reminder
specific assessment rates on a per–unit
to parties subject to administrative
basis. Specifically, to calculate the
protective order (APO) of their
assessment rate on a per–unit basis, the
responsibility concerning the return or
Department divided the total dumping
margin for SICARTSA (calculated as the destruction of proprietary information
difference between normal value and
disclosed under APO in accordance
export price) for each importer by the
with 19 CFR 351.305. Timely written
total quantity of subject merchandise
notification of the return/destruction of
sold to that importer during the POR.
APO materials or conversion to judicial
Where the assessment rate is above de
protective order is hereby requested.
minimis, we will instruct CBP to assess
Failure to comply with the regulations
duties on all entries of subject
and the terms of an APO is a
merchandise by that importer. The
sanctionable violation.
Department will issue appropriate
We are issuing and publishing these
assessment instructions directly to CBP
results and notice in accordance with
within 15 days of publication of these
sections 751(a)(1) and 777(i)(1) of the
final results of review.
Act.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of the final results of this
administrative review for all shipments
of carbon and certain alloy steel wire
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16:54 May 12, 2006
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27991
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
I. List of Comments:
Hylsa Puebla S.A. (Hysla)
Comment 1: Treatment of Home–Market
Sales of Redirected Merchandise
Comment 2: Recalculation of Hylsa’s
Warranty Expenses
Comment 3: Hylsa’s Cost of Materials
from Affiliated Suppliers - Major Input
Rule
Comment 4: Treatment of Sales with
Negative Dumping Margins (‘‘Zeroing’’)
Comment 5: Managerial Labor Costs
Comment 6: Parent Company General
and Administrative (‘‘G&A’’) Expenses
Comment 7: Parent Company Employee
Profit Sharing Expenses
Comment 8: Use of Monthly Costs for
Profit Calculations
Comment 9: Hylsa’s Home–Market
Credit Expenses
Comment 10: Error in the Calculation of
Net Price for U.S. Sales with Billing
Adjustments
Siderurgica Lazaro Cardenas las
Truchas, S.A. de C.V. (SICARTSA)
Comment 11. Major Input of Iron Ore
and Ferrous Scrap
Comment 12: Credit Expense using U.S.
Dollar Interest Rates
Comment 13: Assessment Rate
Comment 14: Adjustment to
SICARTSA’s G&A Expenses
Comment 15: Home–Market Discounts
and Rebates
Comment 16: Home–Market Credit
Expense
Comment 17: Treatment of Unpaid
Accounts Receivable
Comment 18: Incorrect File Name
[FR Doc. E6–7360 Filed 5–12–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–570–879
Polyvinyl Alcohol From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) published its
preliminary results of administrative
review of the antidumping duty order
on polyvinyl alcohol (‘‘PVA’’) from the
AGENCY:
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 71, Number 93 (Monday, May 15, 2006)]
[Notices]
[Pages 27989-27991]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-7360]
=======================================================================
-----------------------------------------------------------------------
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 7, 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 Mexico. The review covers two
producers 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: May 15, 2006.
FOR FURTHER INFORMATION CONTACT: Tipten Troidl or Jolanta Lawska, at
(202) 482-1767 or (202) 482-8362, 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 November 7, 2005, 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, 70
FR 67422 (November 7, 2005) (Preliminary Results). On December 7, 2005,
petitioners \1\ requested a hearing, and on December 7, 2005, Hylsa
Puebla, S.A. de C.V. (Hylsa) also requested a hearing. On January 6,
2006, both petitioners and Hylsa withdrew their requests for a hearing.
No other interested parties requested a hearing.
---------------------------------------------------------------------------
\1\ Gerdau Ameristeel US Inc., ISG Georgetown Inc., Keystone
Consolidated Industries, Inc., and North Star Steel Texas, Inc.
---------------------------------------------------------------------------
We invited parties to comment on the Preliminary Results. On
December 14, 2005, we received case briefs from Siderurgica Lazaro
Cardenas Las Truchas S.A. de C.V. (SICARTSA), Hysla, and petitioners.
All parties submitted rebuttal briefs on December 19, 2005.
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
[[Page 27990]]
steel products (i.e., products that contain by weight one or more of
the following elements: 0.03 percent or more of lead, 0.05 percent or
more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent
of phosphorus, more than 0.05 percent of selenium, or more than 0.01
percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. This grade 1080 tire
cord quality rod is defined as: (i) Grade 1080 tire cord quality wire
rod measuring 5.0 mm or more but not more than 6.0 mm in cross-
sectional diameter; (ii) with an average partial decarburization of no
more than 70 microns in depth (maximum individual 200 microns); (iii)
having no non-deformable inclusions greater than 20 microns and no
deformable inclusions greater than 35 microns; (iv) having a carbon
segregation per heat average of 3.0 or better using European Method NFA
04-114; (v) having a surface quality with no surface defects of a
length greater than 0.15 mm; (vi) capable of being drawn to a diameter
of 0.30 mm or less with 3 or fewer breaks per ton, and (vii) containing
by weight the following elements in the proportions shown: (1) 0.78
percent or more of carbon, (2) less than 0.01 percent of aluminum, (3)
0.040 percent or less, in the aggregate, of phosphorus and sulfur, (4)
0.006 percent or less of nitrogen, and (5) not more than 0.15 percent,
in the aggregate, of copper, nickel and chromium.
This grade 1080 tire bead quality rod is defined as: (i) Grade 1080
tire bead quality wire rod measuring 5.5 mm or more but not more than
7.0 mm in cross-sectional diameter; (ii) with an average partial
decarburization of no more than 70 microns in depth (maximum individual
200 microns); (iii) having no non-deformable inclusions greater than 20
microns and no deformable inclusions greater than 35 microns; (iv)
having a carbon segregation per heat average of 3.0 or better using
European Method NFA 04-114; (v) having a surface quality with no
surface defects of a length greater than 0.2 mm; (vi) capable of being
drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per
ton; and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of
nitrogen, and (5) either not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium (if chromium is not specified), or not
more than 0.10 percent in the aggregate of copper and nickel and a
chromium content of 0.24 to 0.30 percent (if chromium is specified).
For purposes of the grade 1080 tire cord quality wire rod and the
grade 1080 tire bead quality wire rod, an inclusion will be considered
to be deformable if its ratio of length (measured along the axis - that
is, the direction of rolling - of the rod) over thickness (measured on
the same inclusion in a direction perpendicular to the axis of the rod)
is equal to or greater than three. The size of an inclusion for
purposes of the 20 microns and 35 microns limitations is the
measurement of the largest dimension observed on a longitudinal section
measured in a direction perpendicular to the axis of the rod. This
measurement methodology applies only to inclusions on certain grade
1080 tire cord quality wire rod and certain grade 1080 tire bead
quality wire rod that are entered, or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise intended for the tire cord, tire
bead, or other rubber reinforcement applications is not included in the
scope. However, should the petitioners or other interested parties
provide a reasonable basis to believe or suspect that there exists a
pattern of importation of such products for other than those
applications, end-use certification for the importation of such
products may be required. Under such circumstances, only the importers
of record would normally be required to certify the end use of the
imported merchandise.
All products meeting the physical description of subject
merchandise that are not specifically excluded are included in this
scope.
The products subject to this order are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3092, 7213.91.4500,
7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0000, 7227.90.6010,
and 7227.90.6080 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.\2\
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\2\ Effective January 1, 2006, U.S. Customs and Border
Protection (CBP) reclassified certain HTSUS numbers related to the
subject merchandise. See http: //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 David M. Spooner, Assistant Secretary for Import
Administration, from Stephen J. Claeys, Deputy Assistant Secretary
(Wire Rod Decision Memorandum), which is hereby adopted by this notice.
A list of the issues addressed in the Wire Rod Decision Memorandum is
appended to this notice. The Wire Rod 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 Wire Rod Decision
Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received for Hylsa, we have: (1)
Included our weighting of characteristic methodology used in prior
segments which was omitted for the preliminary results; (2) made
adjustments to the reported costs of direct materials (iron ore and
steel scrap) from affiliated suppliers; (3) recalculated Hylsa's
warranty expense ratio using a three-year history of U.S. warranty
claims; (4) revised Hylsa's parent company's calculation of G&A
expenses to include ``corporate charges from affiliated parties;'' (5)
adjusted Hylsa's General & Administrative (G&A) expense ratio to
account for ``parent company profit sharing expenses;'' (6) corrected a
ministerial error in the calculation of net price for U.S. sales with
billing adjustments. See May 8, 2006, Final Calculation Memorandum for
Hylsa Puebla, S.A. de C.V.
Based on our analysis of comments received for SICARTSA and our
finding, we have: (1) Included our weighting of characteristic
methodology used in prior segments which was omitted for the
preliminary results; (2) removed an improper adjustment to cost of
manufacturing; (3) included the variable for debit notes in the
programs; (4) corrected a syntax error in summing home-market credit
expenses; (5) corrected an error in which we improperly excluded
partially unpaid accounts receivables; (6) renamed a file of home-
market selling expenses used
[[Page 27991]]
for constructed value which is imported from the comparison market
program to the margin program; (7) removed an incorrect adjustment made
to SICARTSA's general and administrative expense; (8) used the invoice
date as the date of sale in the comparison market program; and (9)
applied a per-unit assessment rate. See May 8, 2006, Final Calculation
Memorandum for Siderurgica Lazaro Cardenas Las Truchas (SICARTSA).
Both Hylsa's and SICARTSA's adjustments are discussed in detail in
the accompanying Wire Rod Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margins exist for the period October 01, 2003, through
September 30, 2004:
------------------------------------------------------------------------
Weighted-
Producer Average Margin
(Percentage)
------------------------------------------------------------------------
Hylsa.................................................. 1.81
SICARTSA............................................... 1.26
------------------------------------------------------------------------
Assessment
The Department will determine, and CBP shall assess, antidumping
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). For
Hylsa, 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. For SICARTSA, the Department has
calculated importer-specific assessment rates on a per-unit basis.
Specifically, to calculate the assessment rate on a per-unit basis, the
Department divided the total dumping margin for SICARTSA (calculated as
the difference between normal value and export price) for each importer
by the total quantity of subject merchandise sold to that importer
during the POR. 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 a prior segment, the cash deposit rate will continue
to be the company-specific rate from the final results; (3) if the
exporter is not a firm covered in this review or a prior segment, 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 sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 8, 2006.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
I. List of Comments:
Hylsa Puebla S.A. (Hysla)
Comment 1: Treatment of Home-Market Sales of Redirected Merchandise
Comment 2: Recalculation of Hylsa's Warranty Expenses
Comment 3: Hylsa's Cost of Materials from Affiliated Suppliers - Major
Input Rule
Comment 4: Treatment of Sales with Negative Dumping Margins
(``Zeroing'')
Comment 5: Managerial Labor Costs
Comment 6: Parent Company General and Administrative (``G&A'') Expenses
Comment 7: Parent Company Employee Profit Sharing Expenses
Comment 8: Use of Monthly Costs for Profit Calculations
Comment 9: Hylsa's Home-Market Credit Expenses
Comment 10: Error in the Calculation of Net Price for U.S. Sales with
Billing Adjustments
Siderurgica Lazaro Cardenas las Truchas, S.A. de C.V. (SICARTSA)
Comment 11. Major Input of Iron Ore and Ferrous Scrap
Comment 12: Credit Expense using U.S. Dollar Interest Rates
Comment 13: Assessment Rate
Comment 14: Adjustment to SICARTSA's G&A Expenses
Comment 15: Home-Market Discounts and Rebates
Comment 16: Home-Market Credit Expense
Comment 17: Treatment of Unpaid Accounts Receivable
Comment 18: Incorrect File Name
[FR Doc. E6-7360 Filed 5-12-06; 8:45 am]
BILLING CODE 3510-DS-S