Notice of Final Results of Antidumping Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 26591-26593 [E7-9039]
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Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices
all non–PRC exporters that do no have
their own rate will be the rate applicable
to the PRC exporter that supplied that
non–PRC exporter. These cash deposit
requirements shall remain in effect until
further notice.
Notification to Interested Parties
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 assessment of double
antidumping duties.
This notice also serves as a reminder
to parties subject to administrative
protective orders (APOs) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. 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 violation
which is subject to sanction.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act, and 19 CFR 351.213.
Dated: May 3, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Comment 1: Surrogate Value for
Chloranil
Comment 2: Surrogate Financial Ratios
Comment 3: Surrogate Value for
Triethylamine
pwalker on PROD1PC71 with NOTICES
Comment 4: Brokerage Fees and
Terminal Charges
[FR Doc. E7–9042 Filed 5–9–07; 8:45 am]
BILLING CODE 3510–DS–S
Notice of Court Decision Not in Harmony with Final
Determination of Sales at Less than Fair Value, 72
FR 327 (January 4, 2007).
17:49 May 09, 2007
International Trade Administration
[A–122–840]
Notice of Final Results of Antidumping
Duty Administrative Review: Carbon
and Certain Alloy Steel Wire Rod from
Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2006, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its third administrative review
of the antidumping duty order on
carbon and certain alloy steel wire rod
from Canada. The review covers the
shipments of subject merchandise to the
United States by Ivaco Rolling Mills
2004 L.P. (‘‘IRM’’), and Sivaco Ontario,
a division of Sivaco Wire Group 2004
L.P., (‘‘Sivaco’’) (collectively, both IRM
and Sivaco are referred to as ‘‘Ivaco’’).1
The period of review (‘‘POR’’) is October
1, 2004, through September 30, 2005.
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 10, 2007.
FOR FURTHER INFORMATION CONTACT:
Damian Felton or Brandon Farlander, at
(202) 482–0133 or (202) 482–0182,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
Appendix I: Issues Addressed in the
Issues and Decision Memorandum
VerDate Aug<31>2005
DEPARTMENT OF COMMERCE
Jkt 211001
On November 6, 2006, the Department
published in the Federal Register the
preliminary results of the third
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod from Canada.
See Notice of 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) (‘‘Preliminary Results’’).
1 On March 30, 2007, the Department determined
that Ivaco Rolling Mills 2004 L.P. was the
successor-in-interest to Ivaco Rolling Mills L.P.; and
Sivaco Ontario, a division of Sivaco Wire Group
2004 L.P., was the successor-in-interest to Ivaco Inc.
See Notice of Final Results of Antidumping Duty
Changed Circumstances Review: Carbon and
Certain Alloy Steel Wire Rod from Canada, 72 FR
15102 (March 30, 2007).
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26591
We invited parties to comment on the
Preliminary Results. On December 11,
2006, we received case briefs from the
respondent, Ivaco, and the petitioners,
Gerdau Ameristeel US, Inc., ISG
Georgetown, Inc., Keystone
Consolidated Industries, Inc., and North
Star Steel Texas, Inc. (herein after
referred to as ‘‘the petitioners’’). Ivaco
submitted its rebuttal brief on December
18, 2006. No public hearing was
requested.
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. 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.
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26592
Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices
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 grade 1080 tire cord
quality wire rod and 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
VerDate Aug<31>2005
15:04 May 09, 2007
Jkt 211001
is not included in the scope. However,
should petitioners or other interested
parties provide a reasonable basis to
believe or suspect that there exists a
pattern of importation of such products
for other than those applications, end–
use certification for the importation of
such products may be required. Under
such circumstances, only the importers
of record would normally be required to
certify the end use of the imported
merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under review are
currently classifiable under subheadings
7213.91.3010, 7213.91.3015,
7213.91.3090, 7213.91.3092,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6010,
7227.90.6051, 7227.90.6053,
7227.90.6058, 7227.90.6059, 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 order is dispositive.
Level of Trade
As stated in the Preliminary Results,
section 773(a)(7)(A) of the Act provides
that in order to grant a level of trade
(‘‘LOT’’) adjustment, we must find that
the export price (‘‘EP’’) or constructed
export price sale (as appropriate) was
made at a different level than that of the
normal value sale and that this
difference: (1) involved different selling
activities, and (2) affected price
comparability based on a pattern of
consistent price differences between
sales at different LOTs in the country in
which normal value is determined.2
Ivaco reported two channels of
distribution in the home and U.S.
markets. The channels of distribution
were: (1) direct sales by IRM and (2)
direct sales by Sivaco. To determine
whether the two channels constitute
separate levels of trade, we examined
the stages in the marketing process and
selling functions along the chains of
distribution between Ivaco and its
customers. Based on this examination,
we preliminarily determined that Ivaco
sold merchandise at two LOTs during
the POR. One LOT is for sales made by
the steel wire rod manufacturing
facility, IRM; the second LOT is for sales
made by Sivaco, the customer service
2 See
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Preliminary Results, 71 FR at 64924.
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Fmt 4703
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center, which is a steel wire rod
processing and drawing facility.
Sales by Sivaco have different, more
complex, distribution patterns,
involving substantially greater selling
activities. These selling activities are
explained in greater detail in Comment
1 in the accompanying Issues and
Decision Memorandum to David M.
Spooner, Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary (‘‘Decision
Memorandum’’), which is hereby
adopted by this notice. Based upon our
analysis of the marketing process for
these sales, we continue to find that
sales by Sivaco are at a more advanced
stage than sales by IRM.
For the Preliminary Results, the
Department performed its standard
analysis of price differences on Ivaco’s
submitted home market sales by
comparing, for each identical model
sold at both levels, the average net price
of sales made in the ordinary course of
trade at the two LOTs.3 Our analysis for
the Preliminary Results as well as for
the final results reveals that for a
preponderance of models and quantities
sold at different LOTs by Sivaco and
IRM, a pattern of consistent price
differences existed. Therefore, we
continue to grant a LOT adjustment for
EP sales for which we were not able to
find sales of the foreign–like product in
the home market at the same level of
trade as the U.S. sales. See Decision
Memorandum, at Comments 1–4; see
also Memorandum to the File entitled,
‘‘Analysis Memorandum for Ivaco,’’ Re:
Final Results for the Third Antidumping
Duty Review of Carbon and Certain
Alloy Steel Wire Rod from Canada, at 2
(May 3, 2007).
Analysis of Comments Received
The issues raised in the case briefs by
parties to this administrative review are
addressed in the accompanying
Decision Memorandum. 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 Department of
Commerce building, and can also be
accessed directly on the Web at https://
ia.ita.doc.gov/frn/. The paper
copy and electronic version of the
Decision Memorandum are identical in
content.
3 See e.g., Antifriction Bearings (Other Than
Tapered Roller Bearings) and Parts Thereof From
France, Germany, Italy, Japan, Singapore, and the
United Kingdom; Final Results of Antidumping
Duty Administrative Reviews, 62 FR 2081, 2106
(January 15, 1997).
E:\FR\FM\10MYN1.SGM
10MYN1
Federal Register / Vol. 72, No. 90 / Thursday, May 10, 2007 / Notices
exporter is not a firm covered in this
review, a prior 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, a prior
review, or in the final determination;
and (4) if neither the exporter nor the
producer is a firm covered in this
review, a prior review, or the
investigation, the cash deposit rate will
be 8.11 percent, the ‘‘All Others’’ rate
established in the less–than-fair–value
investigation. These deposit
Final Results of Review
requirements shall remain in effect until
further notice.
As a result of our review, we
determine that the following weighted–
This notice also serves as a final
average margin exists for the period
reminder to importers of their
October 1, 2004, through September 30, responsibility under 19 CFR 351.402(f)
2005:
to file a certificate regarding the
reimbursement of antidumping duties
Weighted–Average prior to liquidation of the relevant
Producer
Margin (Percententries during this review period.
age)
Failure to comply with this requirement
Ivaco .............................
2.06 could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred, and in the
Assessment
subsequent assessment of double
The Department will determine, and
antidumping duties.
U.S. Customs and Border Protection
This notice also is the only reminder
(‘‘CBP’’) shall assess, antidumping
to parties subject to the administrative
duties on all appropriate entries,
protective order (‘‘APO’’) of their
pursuant to 19 CFR 351.212(b). The
responsibility concerning the return or
Department calculated importer–
destruction of proprietary information
specific duty assessment rates on the
disclosed under APO in accordance
basis of the ratio of the total amount of
with 19 CFR 351.305(a)(3). Timely
antidumping duties calculated for the
written notification of the return/
examined sales to the total entered
destruction of APO materials or
value of the examined sales for that
conversion to judicial protective order is
importer. Where the assessment rate is
hereby requested. Failure to comply
above de minimis, we will instruct CBP
with the regulations and the terms of an
to assess duties on all entries of subject
APO is a sanctionable violation.
merchandise by that importer. In
accordance with 19 CFR 356.8(a), the
We are issuing and publishing these
Department will issue appropriate
results in accordance with sections
assessment instructions directly to CBP
751(a)(1) and 777(i)(1) of the Act.
on or after 41 days following the date of
Dated: May 3, 2007.
publication of these final results of
David M. Spooner,
review.
pwalker on PROD1PC71 with NOTICES
Changes Since the Preliminary Results
Based on our analysis of comments
received, we have corrected a
programming error identified by Ivaco.
Due to an error in the programing
language, no level of trade adjustments
were applied to any of Ivaco’s sales in
our preliminary margin calculation.
Consequently, we have corrected the
programming language for Ivaco for
purposes of the final results. The
changes are discussed in detail in the
accompanying Decision Memorandum.
Cash Deposits
Furthermore, the following deposit
requirements will be effective upon
publication of this notice of final results
of administrative review for all
shipments of carbon and certain alloy
steel wire rod from Canada entered, or
withdrawn from warehouse, for
consumption on or after the date of
publication, as provided by section
751(a)(1) of the Tariff Act of 1930, as
amended (‘‘the Act’’): (1) For the
company covered by this review, the
cash deposit rate will be the rate listed
above; (2) for previously reviewed or
investigated companies not listed above,
the cash deposit rate will continue to be
the company–specific rate published for
the most recent period; (3) if the
VerDate Aug<31>2005
17:49 May 09, 2007
Jkt 211001
Assistant Secretary for Import
Administration.
APPENDIX
I. Level of Trade
Comment 1: Statutory Requirements for
a Level of Trade Adjustment
Comment 2: Pattern of Price Differences
Analysis
Comment 3: Pattern of Price Differences
Methodology
Comment 4: Post–Sale Price
Adjustments
II. Programing
Comment 5: Level of Trade Adjustment
in the Programing Language
[FR Doc. E7–9039 Filed 5–9–07; 8:45 am]
BILLING CODE 3510–DS–S
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26593
DEPARTMENT OF COMMERCE
International Trade Administration
[A–427–818]
Low Enriched Uranium From France:
Final Results of Expedited Sunset
Review of the Antidumping Duty Order
Import Administration,
International Trade Administration,
U.S. Department of Commerce.
EFFECTIVE DATE: May 10, 2007.
FOR FURTHER INFORMATION CONTACT:
Myrna Lobo or Douglas Kirby, Office 6,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–2371, or (202)
482–3782, respectively.
SUMMARY: On January 3, 2007, the
Department of Commerce (the
Department) initiated a sunset review of
the antidumping duty order on low
enriched uranium (LEU) from France
pursuant to section 751(c) of the Tariff
Act of 1930, as amended (the Act). On
the basis of a notice of intent to
participate and an adequate substantive
response filed on behalf of domestic
interested parties and an inadequate
response from respondent interested
party, the Department has conducted an
expedited (120-day) sunset review of
this order pursuant to section
751(c)(3)(B) and section
351.218(e)(1)(ii)(C)(2) of the
Department’s regulations. As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order is likely to lead to continuation or
recurrence of dumping at the level
indicated in the ‘‘Final Results of
Review’’ section of this notice.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 3, 2007, the Department
published the notice of initiation of the
first sunset review of the antidumping
duty order on LEU from France
pursuant to section 751(c) of the Act.
See Initiation of Five-year (Sunset)
Reviews, 72 FR 100 (January 3, 2007).
The Department received a notice of
intent to participate from USEC Inc. and
its subsidiary United States Enrichment
Corporation (collectively USEC), the
domestic party, within the deadline
specified in section 351.218(d)(1)(i) of
the Department’s regulations (Sunset
Regulations). USEC claimed interested
party status under section 771(9)(C) of
the Act, as a domestic producer of LEU.
The Department also received a timely
notice of appearance from respondent
E:\FR\FM\10MYN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 90 (Thursday, May 10, 2007)]
[Notices]
[Pages 26591-26593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9039]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-122-840]
Notice of Final Results of Antidumping Duty Administrative
Review: Carbon and Certain Alloy Steel Wire Rod from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 6, 2006, the Department of Commerce (``the
Department'') published the preliminary results of its third
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Canada. The review covers the
shipments of subject merchandise to the United States by Ivaco Rolling
Mills 2004 L.P. (``IRM''), and Sivaco Ontario, a division of Sivaco
Wire Group 2004 L.P., (``Sivaco'') (collectively, both IRM and Sivaco
are referred to as ``Ivaco'').\1\ The period of review (``POR'') is
October 1, 2004, through September 30, 2005. 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.
---------------------------------------------------------------------------
\1\ On March 30, 2007, the Department determined that Ivaco
Rolling Mills 2004 L.P. was the successor-in-interest to Ivaco
Rolling Mills L.P.; and Sivaco Ontario, a division of Sivaco Wire
Group 2004 L.P., was the successor-in-interest to Ivaco Inc. See
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Steel Wire Rod from Canada, 72 FR
15102 (March 30, 2007).
---------------------------------------------------------------------------
EFFECTIVE DATE: May 10, 2007.
FOR FURTHER INFORMATION CONTACT: Damian Felton or Brandon Farlander, at
(202) 482-0133 or (202) 482-0182, respectively; AD/CVD Operations,
Office 1, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On November 6, 2006, the Department published in the Federal
Register the preliminary results of the third administrative review of
the antidumping duty order on carbon and certain alloy steel wire rod
from Canada. See Notice of 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) (``Preliminary Results'').
We invited parties to comment on the Preliminary Results. On
December 11, 2006, we received case briefs from the respondent, Ivaco,
and the petitioners, Gerdau Ameristeel US, Inc., ISG Georgetown, Inc.,
Keystone Consolidated Industries, Inc., and North Star Steel Texas,
Inc. (herein after referred to as ``the petitioners''). Ivaco submitted
its rebuttal brief on December 18, 2006. No public hearing was
requested.
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. 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.
[[Page 26592]]
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 grade 1080 tire cord quality wire rod and 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 review are currently classifiable under
subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092,
7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031,
7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6010, 7227.90.6051, 7227.90.6053, 7227.90.6058,
7227.90.6059, 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 order is dispositive.
Level of Trade
As stated in the Preliminary Results, section 773(a)(7)(A) of the
Act provides that in order to grant a level of trade (``LOT'')
adjustment, we must find that the export price (``EP'') or constructed
export price sale (as appropriate) was made at a different level than
that of the normal value sale and that this difference: (1) involved
different selling activities, and (2) affected price comparability
based on a pattern of consistent price differences between sales at
different LOTs in the country in which normal value is determined.\2\
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\2\ See Preliminary Results, 71 FR at 64924.
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Ivaco reported two channels of distribution in the home and U.S.
markets. The channels of distribution were: (1) direct sales by IRM and
(2) direct sales by Sivaco. To determine whether the two channels
constitute separate levels of trade, we examined the stages in the
marketing process and selling functions along the chains of
distribution between Ivaco and its customers. Based on this
examination, we preliminarily determined that Ivaco sold merchandise at
two LOTs during the POR. One LOT is for sales made by the steel wire
rod manufacturing facility, IRM; the second LOT is for sales made by
Sivaco, the customer service center, which is a steel wire rod
processing and drawing facility.
Sales by Sivaco have different, more complex, distribution
patterns, involving substantially greater selling activities. These
selling activities are explained in greater detail in Comment 1 in the
accompanying Issues and Decision Memorandum to David M. Spooner,
Assistant Secretary for Import Administration, from Stephen J. Claeys,
Deputy Assistant Secretary (``Decision Memorandum''), which is hereby
adopted by this notice. Based upon our analysis of the marketing
process for these sales, we continue to find that sales by Sivaco are
at a more advanced stage than sales by IRM.
For the Preliminary Results, the Department performed its standard
analysis of price differences on Ivaco's submitted home market sales by
comparing, for each identical model sold at both levels, the average
net price of sales made in the ordinary course of trade at the two
LOTs.\3\ Our analysis for the Preliminary Results as well as for the
final results reveals that for a preponderance of models and quantities
sold at different LOTs by Sivaco and IRM, a pattern of consistent price
differences existed. Therefore, we continue to grant a LOT adjustment
for EP sales for which we were not able to find sales of the foreign-
like product in the home market at the same level of trade as the U.S.
sales. See Decision Memorandum, at Comments 1-4; see also Memorandum to
the File entitled, ``Analysis Memorandum for Ivaco,'' Re: Final Results
for the Third Antidumping Duty Review of Carbon and Certain Alloy Steel
Wire Rod from Canada, at 2 (May 3, 2007).
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\3\ See e.g., Antifriction Bearings (Other Than Tapered Roller
Bearings) and Parts Thereof From France, Germany, Italy, Japan,
Singapore, and the United Kingdom; Final Results of Antidumping Duty
Administrative Reviews, 62 FR 2081, 2106 (January 15, 1997).
---------------------------------------------------------------------------
Analysis of Comments Received
The issues raised in the case briefs by parties to this
administrative review are addressed in the accompanying Decision
Memorandum. 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 Department of Commerce
building, and can also be accessed directly on the Web at https://
ia.ita.doc.gov/frn/. The paper copy and electronic version of
the Decision Memorandum are identical in content.
[[Page 26593]]
Changes Since the Preliminary Results
Based on our analysis of comments received, we have corrected a
programming error identified by Ivaco. Due to an error in the
programing language, no level of trade adjustments were applied to any
of Ivaco's sales in our preliminary margin calculation. Consequently,
we have corrected the programming language for Ivaco for purposes of
the final results. The changes are discussed in detail in the
accompanying Decision Memorandum.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period October 1, 2004, through
September 30, 2005:
------------------------------------------------------------------------
Weighted-Average
Producer Margin
(Percentage)
------------------------------------------------------------------------
Ivaco............................................... 2.06
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``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. In accordance with 19 CFR 356.8(a), the Department will
issue appropriate assessment instructions directly to CBP on or after
41 days following the date of publication of these final results of
review.
Cash Deposits
Furthermore, the following deposit requirements will be effective
upon publication of this notice of final results of administrative
review for all shipments of carbon and certain alloy steel wire rod
from Canada entered, or withdrawn from warehouse, for consumption on or
after the date of publication, as provided by section 751(a)(1) of the
Tariff Act of 1930, as amended (``the Act''): (1) For the company
covered by this review, the cash deposit rate will be the rate listed
above; (2) for previously reviewed or investigated companies not listed
above, the cash deposit rate will continue to be the company-specific
rate published for the most recent period; (3) if the exporter is not a
firm covered in this review, a prior 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, a prior
review, or in the final determination; and (4) if neither the exporter
nor the producer is a firm covered in this review, a prior review, or
the investigation, the cash deposit rate will be 8.11 percent, the
``All Others'' rate established in the less-than-fair-value
investigation. These deposit requirements shall remain in effect until
further notice.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred, and in the subsequent
assessment of double antidumping duties.
This notice also is the only reminder to parties subject to the
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(a)(3). 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 in accordance with
sections 751(a)(1) and 777(i)(1) of the Act.
Dated: May 3, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
APPENDIX
I. Level of Trade
Comment 1: Statutory Requirements for a Level of Trade Adjustment
Comment 2: Pattern of Price Differences Analysis
Comment 3: Pattern of Price Differences Methodology
Comment 4: Post-Sale Price Adjustments
II. Programing
Comment 5: Level of Trade Adjustment in the Programing Language
[FR Doc. E7-9039 Filed 5-9-07; 8:45 am]
BILLING CODE 3510-DS-S
