Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 30052-30053 [E8-11618]

Download as PDF 30052 Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Notices available without imputing an adverse inference. The Department’s redetermination resulted in a change from the Final Results weighted–average margin for Agro Dutch from 27.80 percent to 1.54 percent. Timken Notice In its decision in Timken, 893 F.2d at 341, the CAFC held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The CIT’s decision in Agro Dutch III on May 8, 2008, constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending the expiration of the period of appeal or, if appealed, pending a final and conclusive court decision. In the event the CIT’s ruling is not appealed or, if appealed, upheld by the CAFC, the Department will instruct U.S. Customs and Border Protection to assess antidumping duties on entries of the subject merchandise during the POR from Agro Dutch based on the revised importer–specific assessment rates calculated by the Department. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: May 19, 2008. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–11622 Filed 5–22–08; 8:45 am] BILLING CODE 3510–DS–S same treatment previously accorded to MSPL in regard to the antidumping duty order on carbon and certain alloy steel wire rod from Trinidad and Tobago as of the date of publication of this notice in the Federal Register. DATES: Effective Date: May 23, 2008. FOR FURTHER INFORMATION CONTACT: Dennis McClure or Stephanie Moore; AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–5973 or (202) 482– 3692, respectively. SUPPLEMENTARY INFORMATION: Background On January 30, 2008, MSPL requested that the Department initiate and conduct an expedited changed circumstances review to determine whether AMPL is the successor-ininterest to MSPL. On March 27, 2008, the Department initiated this review and made its preliminary determination that AMPL is the successor-in-interest to MSPL and should be treated as such for antidumping duty cash deposit purposes. See Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review, 73 FR 17952 (April 2, 2008) (Preliminary Results). In the Preliminary Results, we stated that interested parties could request a hearing or submit case briefs and/or written comments to the Department no later than 30 days after publication of the Preliminary Results in the Federal Register, and submit rebuttal briefs, limited to the issues raised in those case briefs, seven days subsequent to the case briefs due date. We did not receive any hearing requests or comments on the Preliminary Results. DEPARTMENT OF COMMERCE Scope of the Order International Trade Administration 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 [A–274–804] Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: Notice of Final Results of Antidumping Duty Changed Circumstances Review Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has determined that Arcelor Mittal Point Lisas Limited (AMPL) is the successor-in-interest to Mittal Steel Point Lisas Limited (MSPL) and, as a result, should be accorded the dwashington3 on PRODPC61 with NOTICES AGENCY: VerDate Aug<31>2005 17:27 May 22, 2008 Jkt 214001 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23MYN1.SGM 23MYN1 dwashington3 on PRODPC61 with NOTICES Federal Register / Vol. 73, No. 101 / Friday, May 23, 2008 / Notices 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. 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 (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 the order are currently classifiable under subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, VerDate Aug<31>2005 15:34 May 22, 2008 Jkt 214001 7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive. Final Results of Changed Circumstances Review Based on the information provided by AMPL, and the fact that the Department did not receive any comments during the comment period following the preliminary results of this review for the reasons discussed in the Preliminary Results, the Department hereby determines AMPL is the successor-ininterest to MSPL for antidumping duty cash deposit purposes. Instructions to U.S. Customs and Border Protection The Department will instruct U.S. Customs and Border Protection (CBP) to suspend liquidation of all shipments of the subject merchandise produced and exported by AMPL entered, or withdrawn from warehouse, for consumption, on or after the publication date of this notice at zero percent (i.e. MSPL’s cash deposit rate). This deposit rate shall remain in effect until publication of the final results of the ongoing administrative review, in which AMPL/MSPL is participating. This notice also serves as a reminder to parties subject to administrative protective orders (APOs) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This notice is in accordance with sections 751(b) and 777(i)(1) of the Act, and section 351.216(e) of the Department’s regulations. Dated: May 19, 2008. Ronald K. Lorentzen, Deputy Assistant Secretary for Import Administration. [FR Doc. E8–11618 Filed 5–22–08; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 30053 DEPARTMENT OF COMMERCE International Trade Administration (A–570–894) Certain Tissue Paper Products from the People’s Republic of China: Correction to Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: May 23, 2008. FOR FURTHER INFORMATION CONTACT: Julia Hancock, Office 9, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–1394. SUPPLEMENTARY INFORMATION: AGENCY: CORRECTION: On April 22, 2008, the Department of Commerce (‘‘the Department’’) published in the Federal Register the affirmative preliminary determination that certain tissue paper products (‘‘tissue paper’’) produced by Vietnam Quijiang Paper Co., Ltd. (‘‘Quijiang’’) are circumventing the antidumping duty order on tissue paper from the People’s Republic of China (‘‘PRC’’), as provided in section 781(b) of the Tariff Act of 1930, as amended (‘‘the Act’’). See Certain Tissue Paper Products from the People’s Republic of China: Affirmative Preliminary Determination of Circumvention of the Antidumping Duty Order and Extension of Final Determination, 73 FR 21580 (April 22, 2008) (‘‘Preliminary Determination’’). Subsequent to the issuance of the Preliminary Determination, we identified an inadvertent error in the Notice. In the ‘‘Suspension of Liquidation’’ section of the Preliminary Determination, we stated that the Department will direct the U.S. Customs and Border Protection (‘‘CBP’’) to ‘‘suspend liquidation and require cash deposit of estimated duties, at the PRC– wide rate, on all unliquidated entries of tissue paper produced by Quijiang that were entered, or withdrawn from warehouse for consumption, on or after September 5, 2006, the date of initiation of the circumvention inquiry, through the date of publication of the preliminary determination.’’ See Preliminary Determination, 73 FR at 21587. Section 351.225(l)(2) of the applicable regulations provides that we shall order suspension of liquidation ‘‘on or after the date of initiation’’ of the E:\FR\FM\23MYN1.SGM 23MYN1

Agencies

[Federal Register Volume 73, Number 101 (Friday, May 23, 2008)]
[Notices]
[Pages 30052-30053]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-11618]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-804]


Carbon and Certain Alloy Steel Wire Rod From Trinidad and Tobago: 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Review

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

SUMMARY: The Department of Commerce (the Department) has determined 
that Arcelor Mittal Point Lisas Limited (AMPL) is the successor-in-
interest to Mittal Steel Point Lisas Limited (MSPL) and, as a result, 
should be accorded the same treatment previously accorded to MSPL in 
regard to the antidumping duty order on carbon and certain alloy steel 
wire rod from Trinidad and Tobago as of the date of publication of this 
notice in the Federal Register.

DATES: Effective Date: May 23, 2008.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or Stephanie Moore; AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-5973 or (202) 
482-3692, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On January 30, 2008, MSPL requested that the Department initiate 
and conduct an expedited changed circumstances review to determine 
whether AMPL is the successor-in-interest to MSPL.
    On March 27, 2008, the Department initiated this review and made 
its preliminary determination that AMPL is the successor-in-interest to 
MSPL and should be treated as such for antidumping duty cash deposit 
purposes. See Carbon and Certain Alloy Steel Wire Rod From Trinidad and 
Tobago: Notice of Initiation and Preliminary Results of Antidumping 
Duty Changed Circumstances Review, 73 FR 17952 (April 2, 2008) 
(Preliminary Results). In the Preliminary Results, we stated that 
interested parties could request a hearing or submit case briefs and/or 
written comments to the Department no later than 30 days after 
publication of the Preliminary Results in the Federal Register, and 
submit rebuttal briefs, limited to the issues raised in those case 
briefs, seven days subsequent to the case briefs due date. We did not 
receive any hearing requests or comments on the Preliminary Results.

Scope of the Order

    The merchandise subject to this order is certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid 
cross-sectional diameter.
    Specifically excluded are steel products possessing the above-noted 
physical characteristics and meeting the 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

[[Page 30053]]

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

Final Results of Changed Circumstances Review

    Based on the information provided by AMPL, and the fact that the 
Department did not receive any comments during the comment period 
following the preliminary results of this review for the reasons 
discussed in the Preliminary Results, the Department hereby determines 
AMPL is the successor-in-interest to MSPL for antidumping duty cash 
deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to suspend liquidation of all shipments of the subject 
merchandise produced and exported by AMPL entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice at zero percent (i.e. MSPL's cash deposit rate). This deposit 
rate shall remain in effect until publication of the final results of 
the ongoing administrative review, in which AMPL/MSPL is participating.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and terms of an APO is a sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Act, and section 351.216(e) of the Department's regulations.

    Dated: May 19, 2008.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
 [FR Doc. E8-11618 Filed 5-22-08; 8:45 am]
BILLING CODE 3510-DS-P