Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice of Final Results of Antidumping Duty Administrative Review, 13532-13534 [E8-5046]
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13532
Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
Trade Zones Board (the Board) adopts the
following Order:
DEPARTMENT OF COMMERCE
Whereas, the Dallas/Fort Worth
International Airport Board, grantee of
Foreign-Trade Zone 39, submitted an
application to the Board for authority to
reorganize and expand Site 2 (Dallas
Logistics Hub–1,949 acres) and to
expand the zone to include additional
sites located at the Duke Intermodal
Park in Hutchins (Site 7–39 acres),
within the Sunridge Business Park in
Wilmer (Site 8–434 acres), at the Dalport
Business Park in Wilmer (Site 9–356
acres), within the Lancaster Municipal
Airport Complex in Lancaster (Site 10–
50 acres), at the ProLogis 20/35
Industrial Park in Lancaster (Site 11–
175 acres), and at the Crossroads Trade
Center in DeSoto (Site 12–112 acres),
within the Dallas Customs and Border
Protection port of entry (FTZ Docket 35–
2007, filed 8/8/07);
Whereas, notice inviting public
comment was given in the Federal
Register (72 FR 46603, 8/21/07) and the
application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to reorganize and
expand FTZ 39 is approved, subject to
the FTZ Act and the Board’s regulations,
including Section 400.28, and subject to
the Board’s standard 2,000-acre
activation limit for the overall generalpurpose zone project, and further
subject to a sunset provision that would
terminate authority on March 31, 2015,
for Sites 2, 7, 8, 9, 11 and 12 where no
activity has occurred under FTZ
procedures before that date.
mstockstill on PROD1PC66 with NOTICES
Signed at Washington, DC, this 27th day of
February 2008.
David M. Spooner,
Assistant Secretary of Commerce for Import
Administration, Alternate Chairman, ForeignTrade Zones Board.
International Trade Administration
[A–201–830]
Carbon and Certain Alloy Steel Wire
Rod from Mexico: Notice of Final
Results of Antidumping Duty
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2007, the
Department of Commerce (‘‘the
Department’’) published the preliminary
results of its fourth administrative
review of the antidumping duty order
on carbon and certain alloy steel wire
rod from Mexico. The review covers one
producer of the subject merchandise,
Hylsa Puebla, S.A. de C.V. (‘‘Hylsa’’).
The period of review (‘‘POR’’) is October
1, 2005, through September 30, 2006.
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: March 13, 2008
FOR FURTHER INFORMATION CONTACT: John
Conniff or Jolanta Lawska, Office 3,
Operations, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230; telephone (202)
482–1009 or (202) 482–8362,
respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On November 7, 2007, the Department
published in the Federal Register the
preliminary results of the fourth
administrative review of the
antidumping duty order on carbon and
certain alloy steel wire rod from Mexico.
See Preliminary Results of Antidumping
Duty Administrative Review: Carbon
and Certain Steel Alloy Steel Wire Rod
from Mexico, 72 FR 62820 November 7,
2007 (‘‘Preliminary Results).
We invited parties to comment on the
Preliminary Results. On December 7,
2007, we received case briefs from Hylsa
and petitioners.1 On December 12, 2007,
Hylsa and petitioners submitted rebuttal
briefs. No party requested a hearing.
Scope of the Order
ATTEST: llllllllllllllll
The merchandise subject to this order
is certain hot–rolled products of carbon
Andrew McGilvray,
steel and alloy steel, in coils, of
Executive Secretary.
[FR Doc. E8–5048 Filed 3–12–08; 8:45 am]
BILLING CODE 3510–DS–P
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16:19 Mar 12, 2008
Jkt 214001
1 Petitioners are Mittal Steel USA Inc. Georgetown, Gerdau USA Inc., Nucor Steel
Connecticut Inc., Keystone Consolidated Industries
Inc., and Rocky Mountain Steel Mills.
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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
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Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
or fewer breaks per ton; and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of soluble aluminum,
(3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4)
0.008 percent or less of nitrogen, and (5)
either not more than 0.15 percent, in the
aggregate, of copper, nickel and
chromium (if chromium is not
specified), or not more than 0.10 percent
in the aggregate of copper and nickel
and a chromium content of 0.24 to 0.30
percent (if chromium is specified).
For purposes of the grade 1080 tire
cord quality wire rod and the grade
1080 tire bead quality wire rod, an
inclusion will be considered to be
deformable if its ratio of length
(measured along the axis - that is, the
direction of rolling - of the rod) over
thickness (measured on the same
inclusion in a direction perpendicular
to the axis of the rod) is equal to or
greater than three. The size of an
inclusion for purposes of the 20 microns
and 35 microns limitations is the
measurement of the largest dimension
observed on a longitudinal section
measured in a direction perpendicular
to the axis of the rod. This measurement
methodology applies only to inclusions
on certain grade 1080 tire cord quality
wire rod and certain grade 1080 tire
bead quality wire rod that are entered,
or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as
‘‘tire cord quality’’ or ‘‘tire bead quality’’
indicates the acceptability of the
product for use in the production of tire
cord, tire bead, or wire for use in other
rubber reinforcement applications such
as hose wire. These quality designations
are presumed to indicate that these
products are being used in tire cord, tire
bead, and other rubber reinforcement
applications, and such merchandise
intended for the tire cord, tire bead, or
other rubber reinforcement applications
is not included in the scope. However,
should the petitioners or other
interested parties provide a reasonable
basis to believe or suspect that there
exists a pattern of importation of such
products for other than those
applications, end–use certification for
the importation of such products may be
required. Under such circumstances,
only the importers of record would
normally be required to certify the end
use of the imported merchandise.
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
The products subject to this order are
currently classifiable under subheadings
VerDate Aug<31>2005
16:19 Mar 12, 2008
Jkt 214001
7213.91.3011, 7213.91.3015,
7213.91.3092, 7213.91.4500,
7213.91.6000, 7213.99.0030,
7213.99.0090, 7227.20.0000,
7227.90.6010, and 7227.90.6080 of the
HTSUS. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of this
proceeding is dispositive.2
Analysis of Comments Received
All issues raised in the case and
rebuttal brief by parties to this
administrative review are addressed in
the accompanying Issues and Decision
Memorandum, to David M. Spooner,
Assistant Secretary for Import
Administration, from Stephen J. Claeys,
Deputy Assistant Secretary (‘‘Wire Rod
Decision Memorandum’’), which is
hereby adopted by this notice. A list of
the issues addressed in the Wire Rod
Decision Memorandum is appended to
this notice. The Wire Rod Decision
Memorandum is on file in the Central
Records Unit in Room 1117 of the main
Commerce building, and can also be
accessed directly on the Web at
www.ia.ita.doc.gov/frn. The paper copy
and electronic version of the Wire Rod
Decision Memorandum are identical in
content.
13533
importer–specific duty assessment rate
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. Pursuant to 19 CFR 356.8, the
Department shall not order liquidation
until the ‘‘forty–first day after the date
of publication of the notice . . .’’
following an administrative review of
merchandise exported from Canada or
Mexico. Accordingly, the Department
will issue appropriate assessment
instructions directly to CBP 41 days
after the publication of these final
results of review. See, e.g., Notice of
Final Results of Antidumping Duty
Administrative Review: Certain
Softwood Lumber Products From
Canada, 70 FR 73437, 73443 (December
12, 2005).
Cash Deposit Requirements
The following deposit requirements
will be effective upon publication of the
final results of this administrative
review for all shipments of carbon and
certain alloy steel wire rod from Mexico
entered, or withdrawn from warehouse,
for consumption on or after the
Changes Since the Preliminary Results
publication date of these final results, as
provided by section 751(a) of the Tariff
Based on our analysis of comments
received for Hylsa, we have recalculated Act of 1930, as amended (‘‘the Act’’): (1)
for Hylsa, the cash deposit rate will be
Hylsa’s credit expenses incurred in the
the rate listed above; (2) for
home market. Hylsa’s adjustments are
discussed in detail in the accompanying merchandise exported by producers or
exporters not covered in this review but
Wire Rod Decision Memorandum. See
covered a prior segment, the cash
March 6, 2008, Final Calculation
deposit rate will continue to be the
Memorandum for Hylsa.
company–specific rate from the final
Final Results of Review
results; (3) if the exporter is not a firm
covered in this review or a prior
As a result of our review, we
segment, but the producer is, the cash
determine that the following weighted–
deposit rate will be that established for
average margin exists for the period
the producer of the merchandise in
October 01, 2005, through September
these final results of review or in the
30, 2006:
final determination; and (4) if neither
Weighted–Average the exporter nor the producer is a firm
Producer
Margin (Percentcovered in this review or the
age)
investigation, the cash deposit rate will
Hylsa .............................
17.94 be 17.70 percent, the all–others rate
established in the less–than-fair–value
investigation. These deposit
Assessment Rate
requirements shall remain in effect until
The Department will determine, and
further notice.
U.S. Customs and Border Protection
Reimbursement of Duties
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
This notice also serves as a final
pursuant to 19 CFR 351.212(b). For
reminder to importers of their
Hylsa, the Department has calculated
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
2 Effective January 1, 2006, U.S. Customs and
reimbursement of antidumping duties
Border Protection (CBP) reclassified certain HTSUS
prior to liquidation of the relevant
numbers related to the subject merchandise. See
entries during this review period.
http: //hotdocs.usitc.gov/ tarifflchapterslcurrent/
toc.html.
Failure to comply with this requirement
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13534
Federal Register / Vol. 73, No. 50 / Thursday, March 13, 2008 / Notices
could result in the Secretary’s
presumption that reimbursement of
antidumping duties occurred and the
subsequent increase in antidumping
duties by the amount of antidumping
duties reimbursed.
Administrative Protective Order
This notice also is the only reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely written
notification of the return/destruction of
APO materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and the terms of an APO is a
sanctionable violation.
We are issuing and publishing these
results and notice in accordance with
sections 751(a)(1) and 777(i)(1) of the
Act.
Dated: March 6, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX
I. List of Comments:
Hylsa Puebla S.A. de C.V. (‘‘Hylsa’’)
Comment 1: Treatment of Sales with
Negative Dumping Margins (‘‘Zeroing’’)
Comment 2: Calculation of Home
Market Credit Expenses
Comment 3: Treatment of Dollar–
Denominated Home Market Sales
[FR Doc. E8–5046 Filed 3–12–08; 8:45 am]
BILLING CODE: 3510–DR–S
DEPARTMENT OF DEFENSE
Department of the Army
Preparation of the Supplemental
Programmatic Environmental Impact
Statement (SPEIS) for Army Growth
and Force Structure Realignment To
Support Operations in the Pacific
Theater
Department of the Army, DoD.
Notice of Intent.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
ACTION:
SUMMARY: The Army intends to prepare
an SPEIS in order to evaluate the
relative environmental and
socioeconomic impacts of support
operations growth in the Pacific Theater
as it transforms and aligns its forces to
address existing capabilities shortfalls.
As part of Army growth, this evaluation
will be conducted to supplement the
analysis and decisions that were
included in the PEIS for Grow the Army
(for continental U.S. (CONUS)
VerDate Aug<31>2005
16:19 Mar 12, 2008
Jkt 214001
locations), which was completed in
January 2008.
The Army will use the SPEIS analysis
to evaluate and compare the
environmental and socioeconomic
impacts of alternatives for implementing
its Proposed Action. The Army’s
Proposed Action is to grow, realign, and
transform its forces to support
operations in the Pacific Theater and to
ensure the proper capabilities exist to
sustain operations in promoting global
and national security now and into the
foreseeable future. The implementation
of the Proposed Action is needed to
better meet military operational and
national security requirements and the
needs of the Army’s Soldiers and their
Families.
The SPEIS will assess the capacity of
Army installations and their ability to
accommodate new units as part of Army
growth and force structure realignment
to support operations in the Pacific
Theater. Alternatives in the SPEIS could
include stationing of additional Combat
Support (CS) or Combat Service Support
(CSS) units or new support brigades.
The following alternatives will be
analyzed in the SPEIS: (1) Grow,
transform, and realign forces by
stationing approximately 5,000
additional CS/CSS Soldiers in
reasonable locations that support
operations in the Pacific Theater; (2)
Grow, transform, and realign forces by
stationing approximately 7,500
additional CS/CSS Soldiers in
reasonable locations that support
operations in the Pacific Theater and (3)
Grow, transform, and realign forces by
stationing approximately 10,000
additional CS/CSS Soldiers in
reasonable locations that support
operations in the Pacific Theater. The
SPEIS will evaluate different stationing
scenarios in reasonable locations, which
may include Army installations in the
CONUS, Hawaii and Alaska with the
capability to support operations in the
Pacific Theater.
In addition to the above alternatives,
the No Action Alternative will be
considered and used as a baseline for
comparison of alternatives. The No
Action Alternative is to retain the U. S.
Army forces in the Pacific in their
current end strength and force structure.
The No Action Alternative includes
those stationing decisions which have
already been made to include stationing
actions directed by Base Realignment
and Closure legislation in 2005, Army
Global Defense Posture Realignment,
and Army Modular Forces initiatives.
The No Action Alternative is not a
viable means for meeting the current
and future strategic security and defense
requirements of the nation.
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The SPEIS will analyze the Proposed
Action’s impacts upon the natural,
cultural, and man-made environments
at those stationing locations which are
capable of supporting the needs of the
Army and its Soldiers and Families.
Viable alternatives include those
stationing locations that are able to meet
Army unit requirements for training
ranges and maneuver space, housing
and office space, maintenance and
vehicle parking, and Soldier and Family
quality of life (e.g., schools, gyms,
medical facilities). In addition, viable
alternatives must meet the operational
mission requirements of the Pacific
Command (PACOM).
ADDRESSES: Submit comments to
PublicComments@aec.apgea.army.mil.
FOR FURTHER INFORMATION CONTACT:
Public Affairs Office, U.S. Army
Environmental Command, Building
E4460, 5179 Hoadley Road, Attention:
IMAE–PA, Aberdeen Proving Ground,
MD 21010–5401; telephone: (410) 436–
2556; facsimile: (410) 436–1693. The
Public Affairs Office is open during
normal business hours Monday through
Friday 9 a.m. to 5 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION: The global
security environment is turbulent,
unpredictable, and rapidly changing. It
has placed considerable demands on the
nation’s military and highlighted the
need for the Army to correct shortfalls
in high-demand skills while reassessing
its force capabilities. To meet the
challenges of the 21st century security
environment, the Army requires the
growth and restructuring of its forces to
support operations in the Pacific
Theater to sustain the broad range of
missions required to promote regional,
national, and global stability.
Final decisions for the
implementation of Army stationing
actions within CONUS were published
in the Federal Register in January 2008.
Force structure requirements for U.S.
Army Pacific (USARPAC) are still being
evaluated. The SPEIS will consider the
projected environmental and
socioeconomic impacts of different
stationing actions at locations capable of
supporting operations in the Pacific
Theater.
Alternatives for Army growth and
force structure realignment to support
operations in the Pacific Theater could
involve the addition of new units, unit
realignment from existing locations, and
reconfiguration of the existing force
structure in accordance with Army
transformation. Adjustments to Army
force structure could include changes in
the numbers of CS/CSS Soldiers needed
to support USARPAC operations with
critical military skills such as military
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Agencies
[Federal Register Volume 73, Number 50 (Thursday, March 13, 2008)]
[Notices]
[Pages 13532-13534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5046]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its fourth
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Mexico. The review covers one
producer of the subject merchandise, Hylsa Puebla, S.A. de C.V.
(``Hylsa''). The period of review (``POR'') is October 1, 2005, through
September 30, 2006. 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: March 13, 2008
FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, Office
3, Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone (202) 482-1009 or (202)
482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2007, the Department published in the Federal
Register the preliminary results of the fourth administrative review of
the antidumping duty order on carbon and certain alloy steel wire rod
from Mexico. See Preliminary Results of Antidumping Duty Administrative
Review: Carbon and Certain Steel Alloy Steel Wire Rod from Mexico, 72
FR 62820 November 7, 2007 (``Preliminary Results).
We invited parties to comment on the Preliminary Results. On
December 7, 2007, we received case briefs from Hylsa and
petitioners.\1\ On December 12, 2007, Hylsa and petitioners submitted
rebuttal briefs. No party requested a hearing.
---------------------------------------------------------------------------
\1\ Petitioners are Mittal Steel USA Inc. - Georgetown, Gerdau
USA Inc., Nucor Steel Connecticut Inc., Keystone Consolidated
Industries Inc., and Rocky Mountain Steel Mills.
---------------------------------------------------------------------------
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 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
[[Page 13533]]
or fewer breaks per ton; and (vii) containing by weight the following
elements in the proportions shown: (1) 0.78 percent or more of carbon,
(2) less than 0.01 percent of soluble aluminum, (3) 0.040 percent or
less, in the aggregate, of phosphorus and sulfur, (4) 0.008 percent or
less of nitrogen, and (5) either not more than 0.15 percent, in the
aggregate, of copper, nickel and chromium (if chromium is not
specified), or not more than 0.10 percent in the aggregate of copper
and nickel and a chromium content of 0.24 to 0.30 percent (if chromium
is specified).
For purposes of the grade 1080 tire cord quality wire rod and the
grade 1080 tire bead quality wire rod, an inclusion will be considered
to be deformable if its ratio of length (measured along the axis - that
is, the direction of rolling - of the rod) over thickness (measured on
the same inclusion in a direction perpendicular to the axis of the rod)
is equal to or greater than three. The size of an inclusion for
purposes of the 20 microns and 35 microns limitations is the
measurement of the largest dimension observed on a longitudinal section
measured in a direction perpendicular to the axis of the rod. This
measurement methodology applies only to inclusions on certain grade
1080 tire cord quality wire rod and certain grade 1080 tire bead
quality wire rod that are entered, or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise intended for the tire cord, tire
bead, or other rubber reinforcement applications is not included in the
scope. However, should the petitioners or other interested parties
provide a reasonable basis to believe or suspect that there exists a
pattern of importation of such products for other than those
applications, end-use certification for the importation of such
products may be required. Under such circumstances, only the importers
of record would normally be required to certify the end use of the
imported merchandise.
All products meeting the physical description of subject
merchandise that are not specifically excluded are included in this
scope.
The products subject to this order are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3092, 7213.91.4500,
7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0000, 7227.90.6010,
and 7227.90.6080 of the HTSUS. Although the HTSUS subheadings are
provided for convenience and customs purposes, the written description
of the scope of this proceeding is dispositive.\2\
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\2\ Effective January 1, 2006, U.S. Customs and Border
Protection (CBP) reclassified certain HTSUS numbers related to the
subject merchandise. See http: //hotdocs.usitc.gov/ tariff--
chapters--current/toc.html.
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Analysis of Comments Received
All issues raised in the case and rebuttal brief by parties to this
administrative review are addressed in the accompanying Issues and
Decision Memorandum, to David M. Spooner, Assistant Secretary for
Import Administration, from Stephen J. Claeys, Deputy Assistant
Secretary (``Wire Rod Decision Memorandum''), which is hereby adopted
by this notice. A list of the issues addressed in the Wire Rod Decision
Memorandum is appended to this notice. The Wire Rod Decision Memorandum
is on file in the Central Records Unit in Room 1117 of the main
Commerce building, and can also be accessed directly on the Web at
www.ia.ita.doc.gov/frn. The paper copy and electronic version of the
Wire Rod Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received for Hylsa, we have
recalculated Hylsa's credit expenses incurred in the home market.
Hylsa's adjustments are discussed in detail in the accompanying Wire
Rod Decision Memorandum. See March 6, 2008, Final Calculation
Memorandum for Hylsa.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period October 01, 2005, through
September 30, 2006:
------------------------------------------------------------------------
Weighted-Average
Producer Margin
(Percentage)
------------------------------------------------------------------------
Hylsa............................................... 17.94
------------------------------------------------------------------------
Assessment Rate
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). For Hylsa, the
Department has calculated importer-specific duty assessment rate 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. Pursuant to 19 CFR 356.8, the Department
shall not order liquidation until the ``forty-first day after the date
of publication of the notice . . .'' following an administrative review
of merchandise exported from Canada or Mexico. Accordingly, the
Department will issue appropriate assessment instructions directly to
CBP 41 days after the publication of these final results of review.
See, e.g., Notice of Final Results of Antidumping Duty Administrative
Review: Certain Softwood Lumber Products From Canada, 70 FR 73437,
73443 (December 12, 2005).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of carbon and certain alloy steel wire rod from Mexico
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results, as provided by section 751(a)
of the Tariff Act of 1930, as amended (``the Act''): (1) for Hylsa, the
cash deposit rate will be the rate listed above; (2) for merchandise
exported by producers or exporters not covered in this review but
covered a prior segment, the cash deposit rate will continue to be the
company-specific rate from the final results; (3) if the exporter is
not a firm covered in this review or a prior segment, but the producer
is, the cash deposit rate will be that established for the producer of
the merchandise in these final results of review or in the final
determination; and (4) if neither the exporter nor the producer is a
firm covered in this review or the investigation, the cash deposit rate
will be 17.70 percent, the all-others rate established in the less-
than-fair-value investigation. 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) 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
[[Page 13534]]
could result in the Secretary's presumption that reimbursement of
antidumping duties occurred and the subsequent increase in antidumping
duties by the amount of antidumping duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 6, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX
I. List of Comments:
Hylsa Puebla S.A. de C.V. (``Hylsa'')
Comment 1: Treatment of Sales with Negative Dumping Margins
(``Zeroing'')
Comment 2: Calculation of Home Market Credit Expenses
Comment 3: Treatment of Dollar-Denominated Home Market Sales
[FR Doc. E8-5046 Filed 3-12-08; 8:45 am]
BILLING CODE: 3510-DR-S