Revocation of Antidumping Duty Order on Carbon and Certain Alloy Steel Wire Rod from Canada, 44223-44224 [E8-17481]
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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices
During any administrative review
covering all or part of a period falling
between the first and second or third
and fourth anniversary of the
publication of an antidumping duty
order under section 351.211 or a
determination under section
351.218(f)(4) to continue an order or
suspended investigation (after sunset
review), the Secretary, if requested by a
domestic interested party within 30
days of the date of publication of the
notice of initiation of the review, will
determine, consistent with FAG Italia v.
United States, 291 F.3d 806 (Fed. Cir.
2002), as appropriate, whether
antidumping duties have been absorbed
by an exporter or producer subject to the
review if the subject merchandise is
sold in the United States through an
importer that is affiliated with such
exporter or producer. The request must
include the name(s) of the exporter or
producer for which the inquiry is
requested.
Interested parties must submit
applications for disclosure under
administrative protective orders in
accordance with 19 CFR 351.305. On
January 22, 2008, the Department
published Antidumping and
Countervailing Duty Proceedings:
Documents Submission Procedures;
APO Procedures (73 FR 3634). Those
procedures apply to administrative
reviews included in this notice of
initiation. Parties wishing to participate
in any of these administrative reviews
should ensure that they meet the
requirements of these procedures (e.g.,
the filing of separate letters of
appearance as discussed at 19 CFR
351.103(d)).
These initiations and this notice are
in accordance with section 751(a) of the
Tariff Act of 1930, as amended (19
U.S.C. 1675(a)), and 19 CFR
351.221(c)(1)(i).
Dated: July 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–17485 Filed 7–29–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
mstockstill on PROD1PC66 with NOTICES
A–122–840
Revocation of Antidumping Duty Order
on Carbon and Certain Alloy Steel Wire
Rod from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
VerDate Aug<31>2005
23:06 Jul 29, 2008
Jkt 214001
SUMMARY: On September 4, 2007, the
Department of Commerce (‘‘the
Department’’) initiated the sunset
review of the antidumping duty (‘‘AD’’)
order on carbon and certain alloy steel
wire rod (‘‘wire rod’’) from Canada. See
Initiation of Five-year (‘‘Sunset’’)
Reviews, 72 FR 50659 (September 4,
2007). Pursuant to section 751(c) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), the U.S. International Trade
Commission (‘‘ITC’’) determined that
revocation of the existing AD order on
wire rod from Canada would not be
likely to lead to continuation or
recurrence of material injury to an
industry in the United States within a
reasonably foreseeable time. See ITC
Final Determination: Carbon and
Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and
Ukraine, 73 FR 41116 (July 17, 2008)
(‘‘ITC Wire Rod Final Determination’’).
Therefore, pursuant to section 751(d)(2)
of the Act and 19 CFR 351.222(i)(1)(iii),
the Department is revoking the AD order
on wire rod from Canada.
EFFECTIVE DATE: October 29, 2007.
FOR FURTHER INFORMATION CONTACT:
Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW, Washington, DC 20230;
telephone: (202) 482–0116 and (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2002, the Department
published the amended AD final
determination and AD order on wire rod
from Canada. See Notice of Amended
Final Determination of Sales at Less
Than Fair Value and Antidumping Duty
Order: Carbon and Certain Alloy Steel
Wire Rod from Canada, 67 FR 65944
(October 29, 2002). On September 4,
2007, the Department initiated, and the
ITC instituted, the sunset review of the
AD order on wire rod from Canada. See
Initiation of Five-year Sunset Reviews,
72 FR at 50659.
As a result of the Department’s sunset
review, the Department determined that
revocation of the AD order would be
likely to lead to the continuation or
recurrence of dumping. See Carbon and
Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and
Ukraine: Final Results of the Expedited
Sunset Reviews of the Antidumping
Duty Orders, 73 FR 1321 (January 8,
2008) and accompanying Issues and
Decision Memorandum. The
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
44223
Department notified the ITC of the
magnitude of the margin likely to
prevail were the AD order to be revoked.
On July 17, 2008, the ITC published
its determination, pursuant to section
751(c) of the Act, that revocation of the
AD order on wire rod from Canada
would not be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States within a reasonably foreseeable
time. See ITC Wire Rod Final
Determination, at 73 FR at 41116; and
Carbon and Certain Alloy Steel Wire
Rod from Brazil, Canada, Indonesia,
Mexico, Moldova, Trinidad and Tobago,
and Ukraine, USITC Pub. 4014,
Investigation Nos. 701–TA–417 and
731–TA–953, 954, 957–959, 961, and
962 (Review) (June 2008).
Scope of the Orders
The merchandise subject to these
orders is certain hot–rolled products of
carbon steel and alloy steel, in coils, of
approximately round cross section, 5.00
mm or more, but less than 19.00 mm, in
solid cross-sectional diameter.
Specifically excluded are steel
products possessing the above–noted
physical characteristics and meeting the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’) definitions for
(a) stainless steel; (b) tool steel; (c) high
nickel steel; (d) ball bearing steel; and
(e) concrete reinforcing bars and rods.
Also excluded are (f) free machining
steel products (i.e., products that
contain by weight one or more of the
following elements: 0.03 percent or
more of lead, 0.05 percent or more of
bismuth, 0.08 percent or more of sulfur,
more than 0.04 percent of phosphorus,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
Also excluded from the scope are
1080 grade tire cord quality wire rod
and 1080 grade tire bead quality wire
rod. Grade 1080 tire cord quality rod is
defined as: (i) grade 1080 tire cord
quality wire rod measuring 5.0 mm or
more but not more than 6.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non–deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.15 mm; (vi) capable of being drawn to
a diameter of 0.30 mm or less with 3 or
fewer breaks per ton, and (vii)
containing by weight the following
elements in the proportions shown: (1)
E:\FR\FM\30JYN1.SGM
30JYN1
mstockstill on PROD1PC66 with NOTICES
44224
Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices
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.
Grade 1080 tire bead quality rod is
defined as: (i) grade 1080 tire bead
quality wire rod measuring 5.5 mm or
more but not more than 7.0 mm in
cross-sectional diameter; (ii) with an
average partial decarburization of no
more than 70 microns in depth
(maximum individual 200 microns); (iii)
having no non–deformable inclusions
greater than 20 microns and no
deformable inclusions greater than 35
microns; (iv) having a carbon
segregation per heat average of 3.0 or
better using European Method NFA 04–
114; (v) having a surface quality with no
surface defects of a length greater than
0.2 mm; (vi) capable of being drawn to
a diameter of 0.78 mm or larger with 0.5
or fewer breaks per ton; and (vii)
containing by weight the following
elements in the proportions shown: (1)
0.78 percent or more of carbon, (2) less
than 0.01 percent of soluble aluminum,
(3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4)
0.008 percent or less of nitrogen, and (5)
either not more than 0.15 percent, in the
aggregate, of copper, nickel and
chromium (if chromium is not
specified), or not more than 0.10 percent
in the aggregate of copper and nickel
and a chromium content of 0.24 to 0.30
percent (if chromium is specified). For
purposes of grade 1080 tire cord quality
wire rod and grade 1080 tire bead
quality wire rod, an inclusion will be
considered to be deformable if its ratio
of length (measured along the axis - that
is, the direction of rolling - of the rod)
over thickness (measured on the same
inclusion in a direction perpendicular
to the axis of the rod) is equal to or
greater than three. The size of an
inclusion for purposes of the 20 microns
and 35 microns limitations is the
measurement of the largest dimension
observed on a longitudinal section
measured in a direction perpendicular
to the axis of the rod. This measurement
methodology applies only to inclusions
on certain grade 1080 tire cord quality
wire rod and certain grade 1080 tire
bead quality wire rod that are entered,
or withdrawn from warehouse, for
consumption on or after July 24, 2003.
The designation of the products as
‘‘tire cord quality’’ or ‘‘tire bead quality’’
indicates the acceptability of the
product for use in the production of tire
cord, tire bead, or wire for use in other
rubber reinforcement applications such
as hose wire. These quality designations
VerDate Aug<31>2005
23:06 Jul 29, 2008
Jkt 214001
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 subject to this order are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093,
7213.91.4500, 7213.91.6000,
7213.99.0030, 7213.99.0090,
7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, and
7227.90.6085 of the HTSUS. Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this proceeding is dispositive.1
Determination
As a result of the determination by the
ITC that revocation of the AD order is
not likely to lead to the continuation or
recurrence of material injury to an
industry in the United States, the
Department, pursuant to section 751(d)
of the Act, is revoking the AD order on
wire rod from Canada. Pursuant to
section 751(d) of the Act and 19 CFR
351.222(i)(2)(i), the effective date of
revocation is October 29, 2007. The
Department will notify CBP to terminate
suspension of liquidation and collection
of cash deposits on entries of the subject
merchandise entered or withdrawn from
warehouse on or after October 29, 2007.
Entries of subject merchandise prior to
the effective date of revocation will
continue to be subject to suspension of
liquidation and antidumping duty
deposit requirements. The Department
will complete any pending
administrative reviews of these orders
and will conduct administrative reviews
of subject merchandise entered prior to
the effective date of revocation in
response to appropriately filed requests
for review.
1 Effective July 1, 2008, 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.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
These five-year sunset reviews and
notice are in accordance with section
751(d)(2) of the Act and published
pursuant to section 777(i)(1) of the Act.
Dated: July 23, 2008.
David Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–17481 Filed 7–29–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XJ23
Endangered Species; File No. 10027
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Issuance of permit.
AGENCY:
SUMMARY: Notice is hereby given that
the Center for Biodiversity and
Conservation, American Museum of
Natural History (AMNH), Central Park
West at 79th Street, New York, New
York 10024, has been issued a permit to
take green (Chelonia mydas) and
hawksbill (Eretmochelys imbricata) sea
turtles for purposes of scientific
research.
The permit and related
documents are available for review
upon written request or by appointment
in the following offices:
Permits, Conservation and Education
Division, Office of Protected Resources,
NMFS, 1315 East-West Highway, Room
13705, Silver Spring, MD 20910; phone
(301)713–2289; fax (301)427–2521;
Pacific Islands Region, NMFS, 1601
Kapiolani Blvd., Rm 1110, Honolulu, HI
96814–4700; phone (808)944–2200; fax
(808)973–2941.
FOR FURTHER INFORMATION CONTACT:
Amy Hapeman or Patrick Opay,
(301)713–2289.
SUPPLEMENTARY INFORMATION: On
November 16, 2007, notice was
published in the Federal Register (72
FR 64584) that a request for a scientific
research permit to take green and
hawksbill sea turtles had been
submitted by the above-named
organization. The requested permit has
been issued under the authority of the
Endangered Species Act of 1973, as
amended (ESA; 16 U.S.C. 1531 et seq.)
and the regulations governing the
taking, importing, and exporting of
endangered and threatened species (50
CFR parts 222–226).
ADDRESSES:
E:\FR\FM\30JYN1.SGM
30JYN1
]]>Agencies
[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44223-44224]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17481]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
A-122-840
Revocation of Antidumping Duty Order on Carbon and Certain Alloy
Steel Wire Rod from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2007, the Department of Commerce (``the
Department'') initiated the sunset review of the antidumping duty
(``AD'') order on carbon and certain alloy steel wire rod (``wire
rod'') from Canada. See Initiation of Five-year (``Sunset'') Reviews,
72 FR 50659 (September 4, 2007). Pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''), the U.S. International
Trade Commission (``ITC'') determined that revocation of the existing
AD order on wire rod from Canada would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time. See ITC Final
Determination: Carbon and Certain Alloy Steel Wire Rod from Brazil,
Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine,
73 FR 41116 (July 17, 2008) (``ITC Wire Rod Final Determination'').
Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR
351.222(i)(1)(iii), the Department is revoking the AD order on wire rod
from Canada.
EFFECTIVE DATE: October 29, 2007.
FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0116
and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2002, the Department published the amended AD final
determination and AD order on wire rod from Canada. See Notice of
Amended Final Determination of Sales at Less Than Fair Value and
Antidumping Duty Order: Carbon and Certain Alloy Steel Wire Rod from
Canada, 67 FR 65944 (October 29, 2002). On September 4, 2007, the
Department initiated, and the ITC instituted, the sunset review of the
AD order on wire rod from Canada. See Initiation of Five-year Sunset
Reviews, 72 FR at 50659.
As a result of the Department's sunset review, the Department
determined that revocation of the AD order would be likely to lead to
the continuation or recurrence of dumping. See Carbon and Certain Alloy
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine: Final Results of the Expedited Sunset
Reviews of the Antidumping Duty Orders, 73 FR 1321 (January 8, 2008)
and accompanying Issues and Decision Memorandum. The Department
notified the ITC of the magnitude of the margin likely to prevail were
the AD order to be revoked.
On July 17, 2008, the ITC published its determination, pursuant to
section 751(c) of the Act, that revocation of the AD order on wire rod
from Canada would not be likely to lead to continuation or recurrence
of material injury to an industry in the United States within a
reasonably foreseeable time. See ITC Wire Rod Final Determination, at
73 FR at 41116; and Carbon and Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine, USITC Pub. 4014, Investigation Nos. 701-TA-417 and 731-TA-953,
954, 957-959, 961, and 962 (Review) (June 2008).
Scope of the Orders
The merchandise subject to these orders is certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid
cross-sectional diameter.
Specifically excluded are steel products possessing the above-noted
physical characteristics and meeting the Harmonized Tariff Schedule of
the United States (``HTSUS'') definitions for (a) stainless steel; (b)
tool steel; (c) high nickel steel; (d) ball bearing steel; and (e)
concrete reinforcing bars and rods. Also excluded are (f) free
machining steel products (i.e., products that contain by weight one or
more of the following elements: 0.03 percent or more of lead, 0.05
percent or more of bismuth, 0.08 percent or more of sulfur, more than
0.04 percent of phosphorus, more than 0.05 percent of selenium, or more
than 0.01 percent of tellurium).
Also excluded from the scope are 1080 grade tire cord quality wire
rod and 1080 grade tire bead quality wire rod. Grade 1080 tire cord
quality rod is defined as: (i) grade 1080 tire cord quality wire rod
measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional
diameter; (ii) with an average partial decarburization of no more than
70 microns in depth (maximum individual 200 microns); (iii) having no
non-deformable inclusions greater than 20 microns and no deformable
inclusions greater than 35 microns; (iv) having a carbon segregation
per heat average of 3.0 or better using European Method NFA 04-114; (v)
having a surface quality with no surface defects of a length greater
than 0.15 mm; (vi) capable of being drawn to a diameter of 0.30 mm or
less with 3 or fewer breaks per ton, and (vii) containing by weight the
following elements in the proportions shown: (1)
[[Page 44224]]
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.
Grade 1080 tire bead quality rod is defined as: (i) grade 1080 tire
bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm
in cross-sectional diameter; (ii) with an average partial
decarburization of no more than 70 microns in depth (maximum individual
200 microns); (iii) having no non-deformable inclusions greater than 20
microns and no deformable inclusions greater than 35 microns; (iv)
having a carbon segregation per heat average of 3.0 or better using
European Method NFA 04-114; (v) having a surface quality with no
surface defects of a length greater than 0.2 mm; (vi) capable of being
drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per
ton; and (vii) containing by weight the following elements in the
proportions shown: (1) 0.78 percent or more of carbon, (2) less than
0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the
aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of
nitrogen, and (5) either not more than 0.15 percent, in the aggregate,
of copper, nickel and chromium (if chromium is not specified), or not
more than 0.10 percent in the aggregate of copper and nickel and a
chromium content of 0.24 to 0.30 percent (if chromium is specified).
For purposes of grade 1080 tire cord quality wire rod and grade 1080
tire bead quality wire rod, an inclusion will be considered to be
deformable if its ratio of length (measured along the axis - that is,
the direction of rolling - of the rod) over thickness (measured on the
same inclusion in a direction perpendicular to the axis of the rod) is
equal to or greater than three. The size of an inclusion for purposes
of the 20 microns and 35 microns limitations is the measurement of the
largest dimension observed on a longitudinal section measured in a
direction perpendicular to the axis of the rod. This measurement
methodology applies only to inclusions on certain grade 1080 tire cord
quality wire rod and certain grade 1080 tire bead quality wire rod that
are entered, or withdrawn from warehouse, for consumption on or after
July 24, 2003.
The designation of the products as ``tire cord quality'' or ``tire
bead quality'' indicates the acceptability of the product for use in
the production of tire cord, tire bead, or wire for use in other rubber
reinforcement applications such as hose wire. These quality
designations are presumed to indicate that these products are being
used in tire cord, tire bead, and other rubber reinforcement
applications, and such merchandise intended for the tire cord, tire
bead, or other rubber reinforcement applications is not included in the
scope. However, should petitioners or other interested parties provide
a reasonable basis to believe or suspect that there exists a pattern of
importation of such products for other than those applications; end-use
certification for the importation of such products may be required.
Under such circumstances, only the importers of record would normally
be required to certify the end use of the imported merchandise. All
products meeting the physical description of subject merchandise that
are not specifically excluded are included in this scope.
The products subject to this order are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093,
7213.91.4500, 7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0030,
7227.20.0080, 7227.90.6010, 7227.90.6020, and 7227.90.6085 of the
HTSUS. Although the HTSUS subheadings are provided for convenience and
customs purposes, the written description of the scope of this
proceeding is dispositive.\1\
---------------------------------------------------------------------------
\1\ Effective July 1, 2008, 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.
---------------------------------------------------------------------------
Determination
As a result of the determination by the ITC that revocation of the
AD order is not likely to lead to the continuation or recurrence of
material injury to an industry in the United States, the Department,
pursuant to section 751(d) of the Act, is revoking the AD order on wire
rod from Canada. Pursuant to section 751(d) of the Act and 19 CFR
351.222(i)(2)(i), the effective date of revocation is October 29, 2007.
The Department will notify CBP to terminate suspension of liquidation
and collection of cash deposits on entries of the subject merchandise
entered or withdrawn from warehouse on or after October 29, 2007.
Entries of subject merchandise prior to the effective date of
revocation will continue to be subject to suspension of liquidation and
antidumping duty deposit requirements. The Department will complete any
pending administrative reviews of these orders and will conduct
administrative reviews of subject merchandise entered prior to the
effective date of revocation in response to appropriately filed
requests for review.
These five-year sunset reviews and notice are in accordance with
section 751(d)(2) of the Act and published pursuant to section
777(i)(1) of the Act.
Dated: July 23, 2008.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17481 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-S
