Certain Carbon and Alloy Steel Wire Rod from Mexico: Notice of Partial Rescission of Antidumping Duty Administrative Review, 29300-29301 [E7-10091]

Download as PDF 29300 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices estimated antidumping duties on each entry of subject merchandise (i.e., brake rotors) at the PRC–wide entity rate of 43.32 percent. Interested parties that need access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are issued in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d) and 351.221(c)(1)(i). Dated: May 21, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–10134 Filed 5–24–03; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Certain Carbon and Alloy Steel Wire Rod from Mexico: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: jlentini on PROD1PC65 with NOTICES Background: On October 31, 2006, petitioners, Mittal Steel USA Inc. - Georgetown, Gerdau USA Inc., Nucor Steel Connecticut Inc., Keystone Consolidated Industries, Inc., and Rocky Mountain Steel Mills (petitioners), requested that the Department of Commerce (the Department) conduct as administrative review of Siderurgica Lazaro Cardenas Las Truchas S.A. de C.V. (SICARTSA) and Hylsa Puebla S.A. de C.V. for the period of October 1, 2005, through September 30, 2006. On November 7, 2006, the Department initiated the review. See Initiation of Antidumping and Countervailing Duty Administrative Review and Requests for Revocation, 71 FR 68535 (November 27, 2006). On December 28, 2006, petitioners withdrew their request for a review of SICARTSA pursuant to section 351.213(d)(1) of the Department’s regualtions. EFFECTIVE DATE: May 25, 2007. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska or John Conniff, Office 3, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution VerDate Aug<31>2005 17:34 May 24, 2007 Jkt 211001 Avenue, NW, Washington, DC 20230; telephone: (202) 482–8362 or (202) 482– 1009, respectively. SUPPLEMENTARY INFORMATION: Scope of Order The merchandise subject to this order is certain hot–rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. Specifically excluded are steel products possessing the above–noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) Stainless steel; (b) tool steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete reinforcing bars and rods. Also excluded are (f) free machining steel products (i.e., products that contain by weight one or more of the following elements: 0.03 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). Also excluded from the scope are 1080 grade tire cord quality wire rod and 1080 grade tire bead quality wire rod. This grade 1080 tire cord quality rod is defined as: (i) Grade 1080 tire cord quality wire rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter; (ii) with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns); (iii) having no non–deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 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 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 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, E:\FR\FM\25MYN1.SGM 25MYN1 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices 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.1 Partial Rescission of Review If a party that requested a review withdraws the request within 90 days of the date of publication of notice of initiation of the requested review, the Secretary will rescind the review pursuant to 19 CFR 351.213(d)(1). In this case, the petitioners withdrew their request for an administrative review for SICARTSA within 90 days from the date of initiation. No other interested party requested a review of SICARTSA and we have received no comments regarding the petitioner’s withdrawal of their request for a review. Therefore, we are rescinding this review of the antidumping duty order on certain carbon and alloy steel wire rod from Mexico in part with respect to SICARTSA. The Department will issue appropriate assessment instructions directly to U.S. Customs and Border Protection (CBP) 15 days after the publication of this notice. The Department will direct CBP to assess antidumping duties at the cash deposit rate in effect on the date of entry for entries during the period October 1, 2005, through September 30, 2006. This notice is in accordance with section 777(i)(1) of the Tariff Act of 1930, as amended and 19 CFR 251.213(d)(4). Dated: May 18, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–10091 Filed 5–24–07; 8:45 am] jlentini on PROD1PC65 with NOTICES BILLING CODE 3510–DS–S 1 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. VerDate Aug<31>2005 17:34 May 24, 2007 Jkt 211001 DEPARTMENT OF COMMERCE International Trade Administration (C–427–819) Low Enriched Uranium from France: Notice of Amended Final Negative Determination Pursuant to Final Court Decision, Rescission of Administrative Review, and Revocation of the Countervailing Duty Order Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On May 18, 2006, the United States Court of International Trade (‘‘the CIT’’) sustained the Department of Commerce’s (‘‘the Department’s’’) March 2, 2006, Final Results of Redetermination on Remand pursuant to Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06–3 (CIT, January 5, 2006), which pertains to the Final Affirmative Countervailing Duty Determination on Low Enriched Uranium (‘‘LEU’’) from France. Because all litigation in this matter has concluded, the Department is issuing an amended final negative determination for LEU from France and revoking the countervailing duty (‘‘CVD’’) order. The Department is also rescinding the ongoing administrative review covering the period January 1, 2006, through December 31, 2006, and will not initiate the deferred administrative review covering the period January 1, 2005, through December 31, 2005. EFFECTIVE DATE: June 8, 2006. FOR FURTHER INFORMATION CONTACT: Kristen Johnson, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4793. SUPPLEMENTARY INFORMATION: AGENCY: Background On December 21, 2001, the Department published a notice of final determination in the CVD investigation on LEU from France. See Notice of Final Affirmative Countervailing Duty Determination: Low Enriched Uranium from France, 66 FR 65901 (December 21, 2001) (‘‘LEU Final Determination’’) and accompanying Issues and Decision Memorandum. The LEU Final Determination was subsequently amended. See Amended Final Determination and Notice of Countervailing Duty Order: Low PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 29301 Enriched Uranium from France, 67 FR 6689 (February 13, 2002). Eurodif, S.A., Compagnie Generale Des Matieres Nucleaires (‘‘COGEMA’’), and COGEMA Inc., et. al.1 (collectively, ‘‘Eurodif’’ or ‘‘respondents’’) challenged the Department’s final determination before the CIT. The case was later appealed to the U.S. Court of Appeals for the Federal Circuit (‘‘Federal Circuit’’). The Federal Circuit ruled in favor of respondents in Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, 411 F.3d 1355 (Fed. Cir. 2005) (‘‘Eurodif I’’). The court panel later clarified its ruling, issuing a decision in Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, 423 F. 3d. 1275 (Fed. Cir. 2005) (‘‘Eurodif II’’), which affirmed Eurodif I. On January 5, 2006, the CIT remanded the case to the Department for action consistent with the decisions of the Federal Circuit in Eurodif I and Eurodif II. See Eurodif S.A., Compagnie Generale Des Matieres Nucleaires, and Cogema Inc., et. al. v. United States, Slip. Op. 06–3 (CIT, January 5, 2006) (‘‘Remand Instructions’’). In accordance with the CIT’s instructions, the Department issued its final results of redetermination eliminating from the analysis of and calculations for the program ‘‘Purchases at Prices that Constitute More Than Adequate Remuneration’’ all SWU transactions. See the March 2, 2006, Final Results of Redetermination on Remand pursuant to Remand Instructions (‘‘LEU Remand Redetermination’’). As a result, there is no benefit or program rate for the program ‘‘Purchases at Prices that Constitute More Than Adequate Remuneration.’’ We, therefore, calculated a revised ad valorem subsidy rate for Eurodif for the period January 1, 1999, through December 31, 1999, based on the ‘‘Exoneration/Reimbursement of Corporate Income Taxes’’ program, which is the only other program determined to confer countervailable subsidies during the period of investigation. The revised net subsidy rate for Eurodif is 0.87 percent ad valorem, which is de minimis. On May 18, 2006, the CIT sustained the Department’s redetermination in all respects and, thus, affirmed the Department’s revised analysis and calculations. On June 8, 2006, consistent with the decision of the Federal Circuit in Timken vs. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the Eurodif I and 1 COGEMA and COGEMA Inc. are now known as AREVA NC and AREVA NC, Inc. E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29300-29301]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10091]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Certain Carbon and Alloy Steel Wire Rod from Mexico: Notice of 
Partial Rescission of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

Background:

    On October 31, 2006, petitioners, Mittal Steel USA Inc. - 
Georgetown, Gerdau USA Inc., Nucor Steel Connecticut Inc., Keystone 
Consolidated Industries, Inc., and Rocky Mountain Steel Mills 
(petitioners), requested that the Department of Commerce (the 
Department) conduct as administrative review of Siderurgica Lazaro 
Cardenas Las Truchas S.A. de C.V. (SICARTSA) and Hylsa Puebla S.A. de 
C.V. for the period of October 1, 2005, through September 30, 2006.
    On November 7, 2006, the Department initiated the review. See 
Initiation of Antidumping and Countervailing Duty Administrative Review 
and Requests for Revocation, 71 FR 68535 (November 27, 2006). On 
December 28, 2006, petitioners withdrew their request for a review of 
SICARTSA pursuant to section 351.213(d)(1) of the Department's 
regualtions.

EFFECTIVE DATE: May 25, 2007.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska or John Conniff, Office 
3, 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-
8362 or (202) 482-1009, respectively.

SUPPLEMENTARY INFORMATION:

Scope of Order

    The merchandise subject to this order is certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid 
cross-sectional diameter.
    Specifically excluded are steel products possessing the above-noted 
physical characteristics and meeting the Harmonized Tariff Schedule of 
the United States (HTSUS) definitions for (a) Stainless steel; (b) tool 
steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete 
reinforcing bars and rods. Also excluded are (f) free machining steel 
products (i.e., products that contain by weight one or more of the 
following elements: 0.03 percent or more of lead, 0.05 percent or more 
of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of 
phosphorus, more than 0.05 percent of selenium, or more than 0.01 
percent of tellurium).
    Also excluded from the scope are 1080 grade tire cord quality wire 
rod and 1080 grade tire bead quality wire rod. This grade 1080 tire 
cord quality rod is defined as: (i) Grade 1080 tire cord quality wire 
rod measuring 5.0 mm or more but not more than 6.0 mm in cross-
sectional diameter; (ii) with an average partial decarburization of no 
more than 70 microns in depth (maximum individual 200 microns); (iii) 
having no non-deformable inclusions greater than 20 microns and no 
deformable inclusions greater than 35 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,

[[Page 29301]]

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.\1\
---------------------------------------------------------------------------

    \1\ 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.
---------------------------------------------------------------------------

Partial Rescission of Review

    If a party that requested a review withdraws the request within 90 
days of the date of publication of notice of initiation of the 
requested review, the Secretary will rescind the review pursuant to 19 
CFR 351.213(d)(1). In this case, the petitioners withdrew their request 
for an administrative review for SICARTSA within 90 days from the date 
of initiation. No other interested party requested a review of SICARTSA 
and we have received no comments regarding the petitioner's withdrawal 
of their request for a review. Therefore, we are rescinding this review 
of the antidumping duty order on certain carbon and alloy steel wire 
rod from Mexico in part with respect to SICARTSA.
    The Department will issue appropriate assessment instructions 
directly to U.S. Customs and Border Protection (CBP) 15 days after the 
publication of this notice. The Department will direct CBP to assess 
antidumping duties at the cash deposit rate in effect on the date of 
entry for entries during the period October 1, 2005, through September 
30, 2006.
    This notice is in accordance with section 777(i)(1) of the Tariff 
Act of 1930, as amended and 19 CFR 251.213(d)(4).

    Dated: May 18, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-10091 Filed 5-24-07; 8:45 am]
BILLING CODE 3510-DS-S