Carbon and Alloy Steel Wire Rod From Trinidad and Tobago: Final Results of Antidumping Duty Administrative Review, 62824-62826 [E7-21871]
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62824
Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
Notification to Importers
This notice serves as a preliminary
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 administrative review is issued
and published in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Cash Deposit Requirements
pwalker on PROD1PC71 with NOTICES
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003). This
clarification will apply to entries of
subject merchandise during the POR
produced by the companies included in
these preliminary results for which the
reviewed companies did not know their
merchandise was destined for the
United States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the ‘‘All Others’’ rate if there
is no rate for the intermediate company
or companies involved in the
transaction.
Dated: October 31, 2007.
Stephen J. Claeys,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E7–21870 Filed 11–6–07; 8:45 am]
To calculate the cash deposit rate for
Hylsa in this administrative review, we
divided the total dumping margins by
the total net value for this company’s
sales during the review period.
The following deposit rates will be
effective upon publication of the final
results of this administrative review for
all shipments of wire rod from Mexico
entered, or withdrawn from warehouse,
for consumption on or after the
publication date, as provided by section
751(a)(2)(C) of the Act: (1) The cash
deposit rates for the companies listed
above will be the rates established in the
final results of this review, except if the
rate is less than 0.5 percent and,
therefore, de minimis, the cash deposit
will be zero; (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 final
results in which that manufacturer or
exporter participated; (3) if the exporter
is not a firm covered in this review, a
prior review, or the original less than
fair value (‘‘LTFV’’) investigation, but
the manufacturer is, the cash deposit
rate will be the rate established for the
most recent final results for the
manufacturer of the merchandise; and
(4) if neither the exporter nor the
manufacturer is a firm covered in this or
any previous review conducted by the
Department, the cash deposit rate will
be 20.11 percent, the ‘‘All Others’’ rate
established in the LTFV investigation.
See Notice of Final Determination of
Sales at Less than Fair Value: Carbon
and Certain Alloy Steel Wire Rod From
Mexico, 67 FR 55800 (August 30, 2002).
These cash deposit requirements,
when imposed, shall remain in effect
until publication of the final results of
the next administrative review.
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BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–274–804]
Carbon and Alloy Steel Wire Rod From
Trinidad and Tobago: Final Results of
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
SUMMARY: On July 6, 2007, the
Department of Commerce (the
Department) published the preliminary
results of the antidumping duty (AD)
administrative review on carbon and
alloy steel wire rod (wire rod) from
Trinidad and Tobago. This review
covers one producer of subject
merchandise. The period of review
(POR) is October 1, 2005, through
September 30, 2006. See Carbon and
Certain Alloy Steel Wire Rod from
Trinidad and Tobago; Preliminary
Results of Antidumping Duty
Administrative Review, 72 FR 36955
(July 6, 2007) (Preliminary Results).
Based on our analysis of comments
received, these final results do not differ
from the preliminary results. The final
results are listed below in the Final
Results of Review section.
DATES: Effective Dates: November 7,
2007.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore or Dennis McClure,
AD/CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
PO 00000
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Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–3692 or (202) 482–
5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2007, the Department
published the preliminary results of the
administrative review of the AD order
on wire rod from Trinidad and Tobago.
See Preliminary Results. This review
covers imports of wire rod from Mittal
Steel Point Lisas Limited and its
affiliates Mittal Steel North America
(MSNA) and Walker Wire (Ispat) Inc.
(collectively Mittal) during the POR,
October 1, 2005, through September 30,
2006. We invited interested parties to
comment on the Preliminary Results.
On August 6, 2007, we received a case
brief from the petitioners: ISG
Georgetown Inc., Gerdau Ameristeel
U.S. Inc., Keystone Consolidated
Industries, Inc., and North Star Steel
Texas, Inc. On August 10, 2007, we
extended Mittal’s deadline for
submitting its rebuttal brief. On August
13, 2007, we received Mittal’s rebuttal
brief.
Scope of the Order
The merchandise subject to this order
is certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, 5.00
mm or more, but less than 19.00 mm, in
solid cross-sectional diameter.
Specifically excluded are steel
products possessing the above-noted
physical characteristics and meeting the
Harmonized Tariff Schedule of the
United States (HTSUS) definitions for
(a) stainless steel; (b) tool steel; (c) high
nickel steel; (d) ball bearing steel; and
(e) concrete reinforcing bars and rods.
Also excluded are (f) free machining
steel products (i.e., products that
contain by weight one or more of the
following elements: 0.03 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
Also excluded from the scope are
1080 grade tire cord quality wire rod
and 1080 grade tire bead quality wire
rod. This grade 1080 tire cord quality
rod is defined as: (i) Grade 1080 tire
cord quality wire rod measuring 5.0 mm
or more but not more than 6.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non-deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
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Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.15 mm; (vi) capable of being drawn to
a diameter of 0.30 mm or less with 3 or
fewer breaks per ton; and, (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of aluminum, (3)
0.040 percent or less, in the aggregate,
of phosphorus and sulfur, (4) 0.006
percent or less of nitrogen, and (5) not
more than 0.15 percent, in the aggregate,
of copper, nickel and chromium.
This grade 1080 tire bead quality rod
is defined as: (i) Grade 1080 tire bead
quality wire rod measuring 5.5 mm or
more but not more than 7.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non-deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.2 mm; (vi) capable of being drawn to
a diameter of 0.78 mm or larger with 0.5
or fewer breaks per ton; and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of soluble aluminum,
(3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4)
0.008 percent or less of nitrogen, and (5)
either not more than 0.15 percent, in the
aggregate, of copper, nickel and
chromium (if chromium is not
specified), or not more than 0.10 percent
in the aggregate of copper and nickel
and a chromium content of 0.24 to 0.30
percent (if chromium is specified).
For purposes of the grade 1080 tire
cord quality wire rod and the grade
1080 tire bead quality wire rod, an
inclusion will be considered to be
deformable if its ratio of length
(measured along the axis—that is, the
direction of rolling—of the rod) over
thickness (measured on the same
inclusion in a direction perpendicular
to the axis of the rod) is equal to or
greater than three. The size of an
inclusion for purposes of the 20 microns
and 35 microns limitations is the
measurement of the largest dimension
observed on a longitudinal section
measured in a direction perpendicular
to the axis of the rod. This measurement
methodology applies only to inclusions
on certain grade 1080 tire cord quality
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Jkt 214001
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.
See Carbon and Certain Alloy Steel Wire
Rod from Brazil, Canada, Indonesia,
Mexico, Moldova, Trinidad and Tobago,
and Ukraine: Final Results of Changed
Circumstances Review, 68 FR 64079,
64081 (November 12, 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, enduse certification for the importation of
such products may be required. Under
such circumstances, only the importers
of record would normally be required to
certify the end use of the imported
merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products under review are
currently classifiable under subheadings
7213.91.3010, 7213.91.3090,
7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090,
7213.99.0031, 7213.99.0038,
7213.99.0090, 7227.20.0010,
7227.20.0020, 7227.20.0090,
7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and
7227.90.6059 of the HTSUS. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this order is dispositive.
Analysis of Comments Received
The sole issue raised in the case and
rebuttal 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 (Decision
Memorandum), which is hereby
adopted by this notice. The issue
concerns the ‘‘Methodology for
Calculating Imputed Expenses for CEP
Sales.’’ The Decision Memorandum is
PO 00000
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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 https://
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the Decision
Memorandum are identical in content.
Final Results of Review
As noted above, there have been no
changes from the Preliminary Results.
However, we have attached a Decision
Memorandum to this Federal Register
notice addressing the methodology used
to calculate imputed credit expenses.
For further details of the issues
addressed in this proceeding, see the
Preliminary Results.
As a result of this review, we find that
the following weighted-average
dumping margin exists for the period
October 1, 2005, through September 30,
2006:
Producer/
manufacturer
Weighted-average
margin
Mittal Steel Point
Lisas Limited.
0.40% (i.e., de minimis)
Assessment Rates
The Department will determine, and
U.S. Customs and Border Protection
(CBP) shall assess, antidumping duties
on all appropriate entries, pursuant to
section 751(a)(1)(B) of the Tariff Act of
1930, as amended (the Act) and 19 CFR
351.212(b). The Department calculated
importer-specific duty assessment rates
on the basis of the ratio of the total
antidumping duties calculated for the
examined sales to the total entered
value of the examined sales for that
importer. Where the assessment rate is
above de minimis, we will instruct CBP
to assess duties on all entries of subject
merchandise by that importer. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003 (68 FR 23954). This
clarification will apply to entries of
subject merchandise during the POR
produced by Mittal where Mittal did not
know its merchandise was destined for
the United States. In such instances, we
will instruct CBP to liquidate
unreviewed entries at the ‘‘All Others’’
rate if there is no rate for the
intermediate company(ies) involved in
the transaction. For a full discussion of
this clarification, see Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003).
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Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Notices
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of wire rod
from Trinidad and Tobago, entered or
withdrawn from warehouse, for
consumption on or after the publication
date of these final results, as provided
by section 751(a) of the Act: (1) For
Mittal no cash deposit will be required;
(2) for merchandise exported by
producers or exporters not covered in
this review, but covered in the lessthan-fair-value (LTFV) investigation or a
previous review, the cash deposit rate
will continue to be the most recent
company-specific rate established in the
final determination or final results; (3)
if the exporter is not a firm covered in
this review, a previous review, or the
LTFV investigation, but the producer is,
the cash deposit rate will be the rate
established for the producer of the
subject merchandise for the most recent
period; and (4) if neither the exporter
nor the producer is a firm covered in
this review, a previous review, or the
LTFV investigation, the cash deposit
rate will be 11.40 percent, the ‘‘All
Others’’ rate established in the
investigation. See Notice of Final
Determination of Sales at Less Than
Fair Value: Carbon and Certain Alloy
Steel Wire Rod From Trinidad and
Tobago, 67 FR 55788 (August 30, 2002).
These deposit requirements shall
remain in effect until further notice.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR
351.402(f)(2) to file a certificate
regarding the reimbursement of
antidumping duties prior to liquidation
of the relevant entries during this
review period. Failure to comply with
this requirement could result in the
presumption that reimbursement of
antidumping duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
duties reimbursed.
Administrative Protective Orders
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(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 terms of an
APO is a violation that is subject to
sanction.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: November 1, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–21871 Filed 11–6–07; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–845]
Notice of Amended Preliminary
Determination of Sales at Less Than
Fair Value: Glycine From India
Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: November 7,
2007.
SUMMARY: The purpose of this amended
preliminary determination is to clarify
an inadvertent error in the preliminary
determination we issued on October 26,
2007, that imports of glycine from India
are being, or are likely to be, sold in the
United States at less than fair value, as
provided in section 733(b) of the Tariff
Act of 1930, as amended (the Act).
FOR FURTHER INFORMATION CONTACT:
George Callen or Richard Rimlinger,
AD/CVD Operations, Office 5, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
AGENCY:
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–0180 and (202)
482–4477, respectively.
SUPPLEMENTARY INFORMATION:
Background
We initiated an antidumping
investigation on glycine from India. See
Glycine from India, Japan, and the
Republic of Korea: Initiation of
Antidumping Duty Investigations, 72 FR
20816 (April 26, 2007). On October 26,
2007, we issued our preliminary
determination of sales at less than fair
value (not yet published). We stated in
our October 26, 2007, preliminary
determination that we used total facts
available, including an adverse
inference, for one firm, Nutracare
International/Salvi Chemical Industries
(Salvi), which did not respond to our
quantity and value (Q&V) questionnaire
and, therefore, withheld requested
information and significantly impeded
this proceeding pursuant to section
776(a) of the Act. We stated further that,
because it did not cooperate by not
acting to the best of its ability, in
reaching our preliminary determination
we applied total adverse facts available
to Salvi pursuant to section 776(b) of the
Act.
There were nine firms in addition to
Salvi which did not respond to our Q&V
questionnaire and, to clarify our
inadvertent error of omission of these
firms, we are amending our preliminary
determination. The firms which failed
to respond to our request for
information and for which we are
applying adverse facts available in
accordance with sections 776(a) and
776(b) of the Act are as follows:
Abhiyan Media Pvt. Ltd., Ashok AlcoChem, Ltd., Bimal Pharma, Pvt., Ltd.,
Euro Asian Industrial Co., EPIC
Enzymes Pharmaceuticals & Industrial,
Indian Chemical Industries, Kumar
Industries, Sisco Research Laboratories
Pvt. Ltd, and Sealink International, Inc.
Amended Preliminary Determination
We preliminarily determine that the
following weighted-average dumping
margins exist for the period January 1,
2006, through December 31, 2006:
Weighted-average
margin (percent)
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Manufacturer/exporter
Paras Intermediates Ltd. ...........................................................................................................................................................
Abhiyan Media Pvt. Ltd. ............................................................................................................................................................
Advanced Exports/Aico Laboratories ........................................................................................................................................
Ashok Alco-Chem, Ltd. ..............................................................................................................................................................
Bimal Pharma, Pvt., Ltd. ............................................................................................................................................................
Euro Asian Industrial Co. ...........................................................................................................................................................
EPIC Enzymes Pharmaceuticals & Industrial ...........................................................................................................................
Indian Chemical Industries ........................................................................................................................................................
Kumar Industries ........................................................................................................................................................................
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]]>Agencies
[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Pages 62824-62826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21871]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-274-804]
Carbon and Alloy Steel Wire Rod From Trinidad and Tobago: Final
Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 6, 2007, the Department of Commerce (the Department)
published the preliminary results of the antidumping duty (AD)
administrative review on carbon and alloy steel wire rod (wire rod)
from Trinidad and Tobago. This review covers one producer of subject
merchandise. The period of review (POR) is October 1, 2005, through
September 30, 2006. See Carbon and Certain Alloy Steel Wire Rod from
Trinidad and Tobago; Preliminary Results of Antidumping Duty
Administrative Review, 72 FR 36955 (July 6, 2007) (Preliminary
Results). Based on our analysis of comments received, these final
results do not differ from the preliminary results. The final results
are listed below in the Final Results of Review section.
DATES: Effective Dates: November 7, 2007.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Dennis McClure, 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-
3692 or (202) 482-5973, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 6, 2007, the Department published the preliminary results
of the administrative review of the AD order on wire rod from Trinidad
and Tobago. See Preliminary Results. This review covers imports of wire
rod from Mittal Steel Point Lisas Limited and its affiliates Mittal
Steel North America (MSNA) and Walker Wire (Ispat) Inc. (collectively
Mittal) during the POR, October 1, 2005, through September 30, 2006. We
invited interested parties to comment on the Preliminary Results.
On August 6, 2007, we received a case brief from the petitioners:
ISG Georgetown Inc., Gerdau Ameristeel U.S. Inc., Keystone Consolidated
Industries, Inc., and North Star Steel Texas, Inc. On August 10, 2007,
we extended Mittal's deadline for submitting its rebuttal brief. On
August 13, 2007, we received Mittal's rebuttal brief.
Scope of the Order
The merchandise subject to this order is certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid
cross-sectional diameter.
Specifically excluded are steel products possessing the above-noted
physical characteristics and meeting the Harmonized Tariff Schedule of
the United States (HTSUS) definitions for (a) stainless steel; (b) tool
steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete
reinforcing bars and rods. Also excluded are (f) free machining steel
products (i.e., products that contain by weight one or more of the
following elements: 0.03 percent or more of lead, 0.05 percent or more
of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of
phosphorus, more than 0.05 percent of selenium, or more than 0.01
percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. This grade 1080 tire
cord quality rod is defined as: (i) Grade 1080 tire cord quality wire
rod measuring 5.0 mm or more but not more than 6.0 mm in cross-
sectional diameter; (ii) with an average partial decarburization of no
more than 70 microns in depth (maximum individual 200 microns); (iii)
having no non-deformable inclusions greater than 20 microns and no
deformable inclusions greater than 35
[[Page 62825]]
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. See Carbon and Certain Alloy
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine: Final Results of Changed
Circumstances Review, 68 FR 64079, 64081 (November 12, 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, 7213.91.3090, 7213.91.4510, 7213.91.4590,
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090,
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051,
7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of this order is dispositive.
Analysis of Comments Received
The sole issue raised in the case and rebuttal 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
(Decision Memorandum), which is hereby adopted by this notice. The
issue concerns the ``Methodology for Calculating Imputed Expenses for
CEP Sales.'' The Decision Memorandum is on file in the Central Records
Unit in Room B-099 of the main Commerce building, and can also be
accessed directly on the Web at https://www.ia.ita.doc.gov/frn. The
paper copy and electronic version of the Decision Memorandum are
identical in content.
Final Results of Review
As noted above, there have been no changes from the Preliminary
Results. However, we have attached a Decision Memorandum to this
Federal Register notice addressing the methodology used to calculate
imputed credit expenses. For further details of the issues addressed in
this proceeding, see the Preliminary Results.
As a result of this review, we find that the following weighted-
average dumping margin exists for the period October 1, 2005, through
September 30, 2006:
------------------------------------------------------------------------
Producer/ manufacturer Weighted-average margin
------------------------------------------------------------------------
Mittal Steel Point Lisas Limited.......... 0.40% (i.e., de minimis)
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act) and 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003 (68 FR 23954). This clarification will apply to entries of
subject merchandise during the POR produced by Mittal where Mittal did
not know its merchandise was destined for the United States. In such
instances, we will instruct CBP to liquidate unreviewed entries at the
``All Others'' rate if there is no rate for the intermediate
company(ies) involved in the transaction. For a full discussion of this
clarification, see Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).
[[Page 62826]]
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of wire rod from Trinidad and Tobago, entered or withdrawn
from warehouse, for consumption on or after the publication date of
these final results, as provided by section 751(a) of the Act: (1) For
Mittal no cash deposit will be required; (2) for merchandise exported
by producers or exporters not covered in this review, but covered in
the less-than-fair-value (LTFV) investigation or a previous review, the
cash deposit rate will continue to be the most recent company-specific
rate established in the final determination or final results; (3) if
the exporter is not a firm covered in this review, a previous review,
or the LTFV investigation, but the producer is, the cash deposit rate
will be the rate established for the producer of the subject
merchandise for the most recent period; and (4) if neither the exporter
nor the producer is a firm covered in this review, a previous review,
or the LTFV investigation, the cash deposit rate will be 11.40 percent,
the ``All Others'' rate established in the investigation. See Notice of
Final Determination of Sales at Less Than Fair Value: Carbon and
Certain Alloy Steel Wire Rod From Trinidad and Tobago, 67 FR 55788
(August 30, 2002). These deposit requirements shall remain in effect
until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the presumption that
reimbursement of antidumping duties occurred and the subsequent
increase in antidumping duties by the amount of antidumping duties
reimbursed.
Administrative Protective Orders
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(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 terms of an APO is a violation that is
subject to sanction.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: November 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-21871 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-DS-P
