Notice of Final Results of Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 15102-15103 [E7-5866]

Download as PDF 15102 Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices received did not distort Pidilite’s financial ratios; (3) re–examine the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) either include terminal charges and brokerage fees in movement costs, or precisely and reasonably explain its decision not to include such costs; and (5) re–open the record and allow parties to submit new information as necessary. On October 16, 2006, the Department issued to the CIT its final results of redetermination pursuant to remand. In the remand redetermination the Department: (1) Applied partial AFA to Hanchem; (2) explained how the subsidies Pidilite received did not distort Pidilite’s financial ratios; (3) re– calculated the surrogate values for benzene sulfonyl chloride, calcium chloride and steam; (4) explained why it is not appropriate to include terminal charges and brokerage fees in movement costs; and (5) calculated a surrogate value for steam. Thus, the Department recalculated the antidumping duty rates applicable to Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Hanchem, Nantong Haidi Chemicals Co., Ltd., and the PRC–wide entity. On December 8, 2006, the CIT sustained the Department’s final redetermination. See Goldlink Industries Co., Ltd., Trust Chem Co., Ltd., Tianjin Hanchem International Trading Co., Ltd. v. United States, and Nation Ford Chemical Company and Sun Chemical Corporation, and Clariant Corporation, Ct. No. 05–00060, Slip Op. 06–65 (CIT December 8, 2006). Consistent with the decision of the United States Court of Appeals for the Federal Circuit in Timken Company v. United States and China National Machinery and Equipment Import and Export Corporation, 893 F.2d 337 (Fed. Cir. 1990), on January 4, 2007, the Department published a notice announcing that the CIT’s final judgement was not in harmony with the Department’s Final Determination. No party appealed the CIT’s decision. Therefore, there is now a final and conclusive court decision in this case. Amended Final Determination cprice-sewell on PROD1PC66 with NOTICES As the litigation in this case has concluded, the Department is amending the Final Determination. The revised dumping margins are as follows: Margin (percent) Exporter/Manufacturer Goldlink Industries Co., Ltd. ......... Trust Chem Co., Ltd. .................... Tianjin Hanchem International Trading Co., Ltd. ....................... Nantong Haidi Chemicals Co., Ltd. ............................................ VerDate Aug<31>2005 17:22 Mar 29, 2007 12.46 39.29 85.41 57.07 Jkt 211001 antidumping duty order on carbon and certain alloy steel wire rod from Canada. See Preliminary Results of Antidumping PRC–Wide Rate ........................... 241.32 Duty Administrative Review and Notice of Initiation of Changed Circumstances This notice is issued and published in Review: Carbon and Certain Alloy Steel accordance with sections 751(a)(1) and Wire Rod from Canada, 71 FR 64921 777(i)(1) of the Tariff Act of 1930, as (November 6, 2006). On June 1, 2006, amended. and October 27, 2006, the Department Dated: March 22, 2007. issued Ivaco supplemental David M. Spooner, questionnaires requesting further details Assistant Secretary for Import on Ivaco’s successor–in-interest claims. Administration. The company’s responses were received [FR Doc. E7–5859 Filed 3–29–07; 8:45 am] by the Department on July 6, 2006, and BILLING CODE 3510–DS–S November 20, 2006. On December 14, 2006, the Department published the preliminary DEPARTMENT OF COMMERCE results of this changed circumstances review and preliminarily determined International Trade Administration that (1) Ivaco Rolling Mills 2004 L.P. is A–122–840 the successor–in-interest to Ivaco Notice of Final Results of Antidumping Rolling Mills L.P.; and (2) Sivaco Duty Changed Circumstances Review: Ontario, a division of Sivaco Wire Group 2004 L.P., is the successor–inCarbon and Certain Alloy Steel Wire interest to Ivaco Inc. See Preliminary Rod from Canada Results of Antidumping Duty Changed AGENCY: Import Administration, Circumstances Review: Carbon and International Trade Administration, Certain Alloy Steel Wire Rod from Department of Commerce. Canada, 71 FR 75229 (December 14, SUMMARY: The Department of Commerce 2006) (‘‘Preliminary Results’’). As a (the ‘‘Department’’) has determined that result, Ivaco Rolling Mills 2004 L.P., (1) Ivaco Rolling Mills 2004 L.P. is the and Sivaco Ontario, a division of Sivaco successor–in-interest to Ivaco Rolling Wire Group 2004 L.P., should receive Mills L.P.; and (2) Sivaco Ontario, a the same antidumping duty treatment division of Sivaco Wire Group 2004 with respect to carbon and certain alloy L.P., is the successor–in-interest to Ivaco steel wire rod from Canada as Ivaco Inc. As a result, Ivaco Rolling Mills 2004 Rolling Mills L.P. and Ivaco Inc. In the L.P., and Sivaco Ontario, a division of Preliminary Results, we stated that Sivaco Wire Group 2004 L.P., interested parties could request a (collectively ‘‘Ivaco’’) should receive the hearing or submit case briefs and/or same antidumping duty treatment with written comments to the Department no respect to carbon and certain alloy steel later than 30 days after publication of wire rod from Canada as Ivaco Rolling the Preliminary Results notice in the Mills L.P. and Ivaco Inc. as of the date Federal Register, and submit rebuttal of publication of this notice in the briefs, limited to the issues raised in the Federal Register. case briefs, five days subsequent to the EFFECTIVE DATE: March 30, 2007. due date of the case briefs. See FOR FURTHER INFORMATION CONTACT: Preliminary Results, 71 FR at 75231. We Damian Felton or Brandon Farlander, did not receive any hearing requests or AD/CVD Operations, Office 1, Import comments on the Preliminary Results. Administration, International Trade Scope of the Order Administration, U.S. Department of Commerce, 14th Street and Constitution The merchandise subject to this order Avenue, NW, Washington, DC 20230; is certain hot–rolled products of carbon telephone (202) 482–0133 and (202) steel and alloy steel, in coils, of 482–0182, respectively. approximately round cross section, 5.00 SUPPLEMENTARY INFORMATION: mm or more, but less than 19.00 mm, in Background solid cross–sectional diameter. In its January 12, 2006 response to Specifically excluded are steel Section A of the Department’s products possessing the above–noted questionnaire in the 3rd administrative physical characteristics and meeting the review, Ivaco notified the Department HTSUS definitions for (a) stainless steel; that the assets of Ivaco, Inc. and all of (b) tool steel; (c) high nickel steel; (d) its divisions (e.g., Sivaco Ontario, and ball bearing steel; and (e) concrete Sivaco Quebec) had been purchased on reinforcing bars and rods. Also excluded December 1, 2004. As a result, the are (f) free machining steel products Department self–initiated a changed (i.e., products that contain by weight circumstances review of the one or more of the following elements: PO 00000 Exporter/Manufacturer Frm 00008 Fmt 4703 Sfmt 4703 Margin (percent) E:\FR\FM\30MRN1.SGM 30MRN1 cprice-sewell on PROD1PC66 with NOTICES Federal Register / Vol. 72, No. 61 / Friday, March 30, 2007 / Notices 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 VerDate Aug<31>2005 17:22 Mar 29, 2007 Jkt 211001 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 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 the order are currently classifiable under subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 7227.90.6053, 7227.90.6058, and PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 15103 7227.90.6059 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Final Results of Changed Circumstances Review Based on the information provided by Ivaco, and the fact that the Department did not receive any comments during the comment period following the preliminary results of this review, the Department hereby determines that (1) Ivaco Rolling Mills 2004 L.P. is the successor–in-interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a division of Sivaco Wire Group 2004 L.P., is the successor–in-interest to Ivaco Inc. for antidumping duty cash deposit purposes. Instructions to U.S. Customs and Border Protection The Department will instruct U.S. Customs and Border Protection (‘‘CBP’’) to suspend liquidation of all shipments of the subject merchandise produced and exported by Ivaco entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice and apply a cash deposit rate of 3.08 percent (i.e., Ivaco Rolling Mills L.P. and Ivaco Inc.’s cash deposit rate). This deposit rate shall remain in effect until publication of the final results of the ongoing administrative review, in which Ivaco is participating. This notice also serves as a reminder to parties subject to administrative protective orders (‘‘APOs’’) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. 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 terms of an APO is a sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Tariff Act of 1930, as amended, and section 351.216(e) of the Department’s regulations. Dated: March 22, 2007. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E7–5866 Filed 3–29–07; 8:45 am] BILLING CODE 3510–DS–S E:\FR\FM\30MRN1.SGM 30MRN1

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[Federal Register Volume 72, Number 61 (Friday, March 30, 2007)]
[Notices]
[Pages 15102-15103]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5866]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-840


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined 
that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-interest to 
Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a division of Sivaco 
Wire Group 2004 L.P., is the successor-in-interest to Ivaco Inc. As a 
result, Ivaco Rolling Mills 2004 L.P., and Sivaco Ontario, a division 
of Sivaco Wire Group 2004 L.P., (collectively ``Ivaco'') should receive 
the same antidumping duty treatment with respect to carbon and certain 
alloy steel wire rod from Canada as Ivaco Rolling Mills L.P. and Ivaco 
Inc. as of the date of publication of this notice in the Federal 
Register.

EFFECTIVE DATE: March 30, 2007.

FOR FURTHER INFORMATION CONTACT: Damian Felton or Brandon Farlander, 
AD/CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0133 
and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In its January 12, 2006 response to Section A of the Department's 
questionnaire in the 3rd administrative review, Ivaco notified the 
Department that the assets of Ivaco, Inc. and all of its divisions 
(e.g., Sivaco Ontario, and Sivaco Quebec) had been purchased on 
December 1, 2004. As a result, the Department self-initiated a changed 
circumstances review of the antidumping duty order on carbon and 
certain alloy steel wire rod from Canada. See Preliminary Results of 
Antidumping Duty Administrative Review and Notice of Initiation of 
Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod 
from Canada, 71 FR 64921 (November 6, 2006). On June 1, 2006, and 
October 27, 2006, the Department issued Ivaco supplemental 
questionnaires requesting further details on Ivaco's successor-in-
interest claims. The company's responses were received by the 
Department on July 6, 2006, and November 20, 2006.
    On December 14, 2006, the Department published the preliminary 
results of this changed circumstances review and preliminarily 
determined that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-
interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a 
division of Sivaco Wire Group 2004 L.P., is the successor-in-interest 
to Ivaco Inc. See Preliminary Results of Antidumping Duty Changed 
Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from 
Canada, 71 FR 75229 (December 14, 2006) (``Preliminary Results''). As a 
result, Ivaco Rolling Mills 2004 L.P., and Sivaco Ontario, a division 
of Sivaco Wire Group 2004 L.P., should receive the same antidumping 
duty treatment with respect to carbon and certain alloy steel wire rod 
from Canada as Ivaco Rolling Mills L.P. and Ivaco Inc. In the 
Preliminary Results, we stated that interested parties could request a 
hearing or submit case briefs and/or written comments to the Department 
no later than 30 days after publication of the Preliminary Results 
notice in the Federal Register, and submit rebuttal briefs, limited to 
the issues raised in the case briefs, five days subsequent to the due 
date of the case briefs. See Preliminary Results, 71 FR at 75231. We 
did not receive any hearing requests or comments on the Preliminary 
Results.

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 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:

[[Page 15103]]

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 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 the order are currently classifiable under 
subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 
7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the 
HTSUS subheadings are provided for convenience and customs purposes, 
the written description of the scope of the order is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Ivaco, and the fact that the 
Department did not receive any comments during the comment period 
following the preliminary results of this review, the Department hereby 
determines that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-
interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a 
division of Sivaco Wire Group 2004 L.P., is the successor-in-interest 
to Ivaco Inc. for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(``CBP'') to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Ivaco entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice and apply a cash deposit rate of 3.08 percent (i.e., Ivaco 
Rolling Mills L.P. and Ivaco Inc.'s cash deposit rate). This deposit 
rate shall remain in effect until publication of the final results of 
the ongoing administrative review, in which Ivaco is participating.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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 terms of an APO is a sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Tariff Act of 1930, as amended, and section 351.216(e) of the 
Department's regulations.

    Dated: March 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-5866 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S