Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Continuation of Antidumping and Countervailing Duty Orders, 44218-44220 [E8-17486]
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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices
Dated: July 22, 2008.
Roberto Salazar,
Administrator, Food and Nutrition Service.
[FR Doc. E8–17372 Filed 7–29–08; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Notice of Proposed Change to the
Natural Resources Conservation
Service’s National Handbook of
Conservation Practices
Natural Resources
Conservation Service, USDA, Idaho
State Office.
ACTION: Notice of availability of
proposed changes in the NRCS National
Handbook of Conservation Practices,
Section IV of the Idaho State NRCS
Field Office Technical Guide (FOTG) for
review and comment.
mstockstill on PROD1PC66 with NOTICES
AGENCY:
SUMMARY: It is the intention of the NRCS
in Idaho to issue a revised conservation
practice standards in its National
Handbook of Conservation Practices.
The revised standard is: Filter Strip
(393).
DATES: Comments will be received for a
30-day period commencing with this
date of publication.
FOR FURTHER INFORMATION CONTACT:
Inquire in writing to Jeff Burwell, State
Conservationist, Natural Resources
Conservation Service (NRCS), 9173 W.
Barnes Dr., Suite C, Boise, Idaho 83709.
Copies of the practice standards will be
made available upon written request.
You may also submit your electronic
requests and comments to
Linda.Miller@id.usda.gov.
SUPPLEMENTARY INFORMATION: Section
343 of the Federal Agriculture
Improvement and Reform Act of 1996
states that revisions made after
enactment of the law to NRCS State
Technical Guides used to carry out
highly erodible land and wetland
provisions of the law shall be made
available for public review and
comment. For the next 30 days, the
NRCS in Idaho will receive comments
relative to the proposed changes.
Following that period, a determination
will be made by the NRCS in Idaho
regarding disposition of those comments
and a final determination of change will
be made.
Dated: July 14, 2008.
Jeff Burwell,
State Conservationist, Boise, Idaho.
[FR Doc. E8–17392 Filed 7–29–08; 8:45 am]
BILLING CODE 3410–16–P
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Trinidad and Tobago, and Ukraine, 67
FR 65945 (October 29, 2002). On
International Trade Administration
January 23, 2004, the CVD order on wire
[A–351–832, C–351–833, A–560–815, A–201– rod from Canada was revoked, pursuant
to a changed circumstance review. See
830, A–841–805, A–274–804, A–823–812]
69 FR 3330 (January 23, 2004).
On September 4, 2007, the
Carbon and Certain Alloy Steel Wire
Department initiated and the ITC
Rod From Brazil, Indonesia, Mexico,
instituted sunset reviews of the AD
Moldova, Trinidad and Tobago, and
orders on wire rod from Brazil,
Ukraine: Continuation of Antidumping
Indonesia, Mexico, Moldova, Trinidad
and Countervailing Duty Orders
and Tobago, and Ukraine, and the CVD
AGENCY: Import Administration,
order on wire rod from Brazil pursuant
International Trade Administration,
to section 751(c) of the Tariff Act of
Department of Commerce.
1930, as amended (‘‘the Act’’). See
SUMMARY: On September 4, 2007, the
Initiation of Five-year Sunset Reviews,
Department of Commerce (‘‘the
72 FR at 50659; see also Carbon and
Department’’) initiated sunset reviews of Certain Alloy Steel Wire Rod from
the antidumping duty (‘‘AD’’) orders on Brazil, Canada, Indonesia, Mexico,
carbon and certain alloy steel wire rod
Moldova, Trinidad and Tobago, and
(‘‘wire rod’’) from Brazil, Indonesia,
Ukraine, 72 FR 50696 (September 4,
Mexico, Moldova, Trinidad and Tobago, 2007). Additionally, on December 28,
and Ukraine; and the countervailing
2007, the ITC determined to conduct
duty (‘‘CVD’’) order on wire rod from
full five-year reviews concerning the
Brazil. See Initiation of Five-year
CVD and AD orders. See Carbon and
(‘‘Sunset’’) Reviews, 72 FR 50659
Certain Alloy Steel Wire Rod From
(September 4, 2007). As a result of the
Brazil, Canada, Indonesia, Mexico,
determinations by the Department and
Moldova, Trinidad and Tobago, and
the U.S. International Trade
Ukraine, 72 FR 73880 (December 28,
Commission (‘‘ITC’’) that revocation of
2007).
As a result of its reviews, the
the AD orders on wire rod from Brazil,
Department found that revocation of the
Indonesia, Mexico, Moldova, Trinidad
AD and CVD orders would likely lead
and Tobago, and Ukraine, and the CVD
to continuation or recurrence of
order on wire rod from Brazil would
likely lead to continuation or recurrence dumping and countervailable subsidies,
and notified the ITC of the magnitude of
of dumping and countervailable
the margins and net countervailable
subsidies, and material injury to an
subsidies likely to prevail were the
industry in the United States, the
orders to be revoked. See Carbon and
Department is publishing a notice of
Certain Alloy Steel Wire Rod from
continuation of these AD and CVD
Brazil, Canada, Indonesia, Mexico,
orders.
Moldova, Trinidad and Tobago, and
DATES: Effective Date: July 30, 2008.
Ukraine: Final Results of the Expedited
FOR FURTHER INFORMATION CONTACT:
Sunset Reviews of the Antidumping
Shelly Atkinson or Brandon Farlander,
Duty Orders, 73 FR 1321 (January 8,
AD/CVD Operations, Import
2008) and accompanying Issues and
Administration, International Trade
Decision Memorandum; see also Carbon
Administration, U.S. Department of
and Certain Alloy Steel Wire Rod from
Commerce, 14th Street & Constitution
Brazil: Final Results of Expedited FiveAvenue, NW., Washington, DC 20230;
year Sunset Review of the
telephone: (202) 482–0116 and 482–
Countervailing Duty Order, 73 FR 1323
0182, respectively.
(January 8, 2008) and accompanying
SUPPLEMENTARY INFORMATION:
Issues and Decision Memorandum.
On July 17, 2008, the ITC published
Background
its determination pursuant to section
On October 22, 2002, the Department
751(c) of the Act, that revocation of the
published the CVD orders on wire rod
AD orders on wire rod from Brazil,
from Brazil and Canada. See Notice of
Indonesia, Mexico, Moldova, Trinidad
Countervailing Duty Orders: Carbon and and Tobago, and Ukraine, and the CVD
Certain Alloy Steel Wire Rod from Brazil order on wire rod from Brazil would
likely lead to continuation or recurrence
and Canada, 67 FR 64871 (October 22,
of material injury to an industry in the
2002). Additionally, the Department
United States within a reasonably
published the AD orders on wire rod
foreseeable time. See ITC Final
from Brazil, Indonesia, Mexico,
Determination: Carbon and Certain
Moldova, Trinidad and Tobago, and
Ukraine on October 29, 2002. See Notice Alloy Steel Wire Rod from Brazil,
Canada, Indonesia, Mexico, Moldova,
of Antidumping Duty Orders: Carbon
Trinidad and Tobago, and Ukraine,
and Certain Alloy Steel Wire Rod from
Investigation Nos. 701–TA–417 and
Brazil, Indonesia, Mexico, Moldova,
DEPARTMENT OF COMMERCE
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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices
mstockstill on PROD1PC66 with NOTICES
731–TA–953, 954, 957–959, 961, and
962 (Review) 73 FR 41116 (July 17,
2008) (‘‘ITC Wire Rod Final
Determination’’); and Carbon and
Certain Alloy Steel Wire Rod from
Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and
Ukraine, USITC Publication 4014,
Investigation Nos. 701–TA–417 and
731–TA–953, 954, 957–959, 961, and
962 (Review) (June 2008).
With respect to the AD order on wire
rod from Canada, the ITC determined
that revocation of order 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, pursuant to
section 751(c) of the Act. See 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 in a separate
Federal Register notice.
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
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23:06 Jul 29, 2008
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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.
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’’
PO 00000
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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 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 determinations by
the Department and the ITC that
revocation of these AD and CVD orders
would likely lead to continuation or
recurrence of dumping and
countervailable subsidies; as well as
material injury to an industry in the
United States, pursuant to section
751(d)(2) of the Act, the Department
hereby orders the continuation of the
AD orders on wire rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine, and the CVD
order on wire rod from Brazil.
Therefore, CBP will continue to collect
AD and CVD cash deposits at the rates
in effect at the time of entry for all
imports of subject merchandise.
The effective date of continuation of
these orders will be the date of
publication in the Federal Register of
this Notice of Continuation. Pursuant to
section 751(c)(2) of the Act, the
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.
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Federal Register / Vol. 73, No. 147 / Wednesday, July 30, 2008 / Notices
Department intends to initiate the next
five-year review of these orders not later
than June 2013.
These five-year sunset reviews and
this notice are in accordance with
section 751(c) of the Act. This notice is
published pursuant to 751(c) and 771(i)
of the Act and 19 CFR 351.218(f)(4).
Dated: July 23, 2008.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E8–17486 Filed 7–29–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–821]
Hot-Rolled Carbon Steel Products
From India: Extension of Time Limit for
Preliminary Results of Countervailing
Duty Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: July 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Gayle Longest, AD/CVD Operations,
Office 3, Import Administration,
International Trade Administration,
U.S. Department of Commerce, Room
4014, 14th Street and Constitution Ave.,
NW., Washington, DC 20230, telephone:
(202) 482–3338.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 28, 2008, the U.S.
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of the administrative review of
the countervailing duty order on hotrolled carbon steel products from India
covering the period January 1, 2007,
through December 31, 2007. See
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews and Request for Revocation in
Part, 73 FR 4829 (January 28, 2008). The
preliminary results are currently due no
later than September 1, 2008.
mstockstill on PROD1PC66 with NOTICES
Extension of Time Limit for Preliminary
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (‘‘the Act’’),
requires the Department to make a
preliminary determination within 245
days after the last day of the anniversary
month of an order for which a review
is requested. Section 751(a)(3)(A) of the
Act further states that if it is not
practicable to complete the review
within the time period specified, the
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23:06 Jul 29, 2008
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administering authority may extend the
245-day period to issue its preliminary
results to up to 365 days.
Due to the complexity of the issues in
this administrative review, such as the
absence of exports during the POR and
the petitioners’ request for verification,
we have determined that it is not
practicable to complete the preliminary
results within the 245-day period.
Therefore, in accordance with section
751(a)(3)(A) of the Act, we are partially
extending the time period for issuing
the preliminary results of the review by
109 days. The preliminary results are
now due no later than December 19,
2008. The final results continue to be
due 120 days after publication of the
preliminary results.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
Dated: July 24, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E8–17483 Filed 7–29–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, Request for Revocation in
Part, and Deferral of Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
has received requests to conduct
administrative reviews of various
antidumping and countervailing duty
orders and findings with June
anniversary dates. In accordance with
the Department’s regulations, we are
initiating those administrative reviews.
The Department also received a request
to revoke one antidumping duty order
in part and to defer the initiation of an
administrative review for another
antidumping duty order.
AGENCY:
EFFECTIVE DATE:
July 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Sheila E. Forbes, Office of AD/CVD
Operations, Customs Unit, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230,
telephone: (202) 482–4697.
SUPPLEMENTARY INFORMATION:
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Background
The Department has received timely
requests, in accordance with 19 CFR
351.213(b)(2002), for administrative
reviews of various antidumping and
countervailing duty orders and findings
with June anniversary dates. The
Department also received a timely
request to revoke in part the
antidumping duty order on stainless
steel butt-weld pipe fittings from
Taiwan with respect to one exporter. In
addition, the Department received a
request to defer for one year the
initiation of the June 1, 2007 through
May 31, 2008 administrative review of
the antidumping duty order on Folding
Metal Tables and Chairs from the
People’s Republic of China with respect
to one exporter in accordance with 19
CFR 351.213(c). The Department
received no objections to this request
from any party cited in 19 CFR
351.213(c)(1)(ii).
Respondent Selection
In the event the Department limits the
number of respondents for individual
examination for administrative reviews,
the Department intends to select
respondents based on U.S. Customs and
Border Protection (CBP) data for U.S.
imports during the period of review
(POR). We intend to release the CBP
data under Administrative Protective
Order (APO) to all parties having an
APO within five days of publication of
this initiation notice and to make our
decision regarding respondent selection
within 20 days of publication of this
Federal Register notice. The
Department invites comments regarding
the CBP data and respondent selection
within 10 calendar days of publication
of this Federal Register notice.
Separate Rates
In proceedings involving non-market
economy (‘‘NME’’) countries, the
Department begins with a rebuttable
presumption that all companies within
the country are subject to government
control and, thus, should be assigned a
single antidumping duty deposit rate. It
is the Department’s policy to assign all
exporters of merchandise subject to an
administrative review in an NME
country this single rate unless an
exporter can demonstrate that it is
sufficiently independent so as to be
entitled to a separate rate.
To establish whether a firm is
sufficiently independent from
government control of its export
activities to be entitled to a separate
rate, the Department analyzes each
entity exporting the subject
merchandise under a test arising from
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]]>Agencies
[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44218-44220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-17486]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-351-832, C-351-833, A-560-815, A-201-830, A-841-805, A-274-804, A-
823-812]
Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia,
Mexico, Moldova, Trinidad and Tobago, and Ukraine: Continuation of
Antidumping and Countervailing Duty Orders
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On September 4, 2007, the Department of Commerce (``the
Department'') initiated sunset reviews of the antidumping duty (``AD'')
orders on carbon and certain alloy steel wire rod (``wire rod'') from
Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine;
and the countervailing duty (``CVD'') order on wire rod from Brazil.
See Initiation of Five-year (``Sunset'') Reviews, 72 FR 50659
(September 4, 2007). As a result of the determinations by the
Department and the U.S. International Trade Commission (``ITC'') that
revocation of the AD orders on wire rod from Brazil, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine, and the CVD order on wire
rod from Brazil would likely lead to continuation or recurrence of
dumping and countervailable subsidies, and material injury to an
industry in the United States, the Department is publishing a notice of
continuation of these AD and CVD orders.
DATES: Effective Date: July 30, 2008.
FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander,
AD/CVD Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW., Washington, DC 20230; telephone: (202) 482-0116 and 482-
0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 22, 2002, the Department published the CVD orders on
wire rod from Brazil and Canada. See Notice of Countervailing Duty
Orders: Carbon and Certain Alloy Steel Wire Rod from Brazil and Canada,
67 FR 64871 (October 22, 2002). Additionally, the Department published
the AD orders on wire rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine on October 29, 2002. See Notice of
Antidumping Duty Orders: Carbon and Certain Alloy Steel Wire Rod from
Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine,
67 FR 65945 (October 29, 2002). On January 23, 2004, the CVD order on
wire rod from Canada was revoked, pursuant to a changed circumstance
review. See 69 FR 3330 (January 23, 2004).
On September 4, 2007, the Department initiated and the ITC
instituted sunset reviews of the AD orders on wire rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, and the
CVD order on wire rod from Brazil pursuant to section 751(c) of the
Tariff Act of 1930, as amended (``the Act''). See Initiation of Five-
year Sunset Reviews, 72 FR at 50659; see also Carbon and Certain Alloy
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 72 FR 50696 (September 4, 2007).
Additionally, on December 28, 2007, the ITC determined to conduct full
five-year reviews concerning the CVD and AD orders. See Carbon and
Certain Alloy Steel Wire Rod From Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and Ukraine, 72 FR 73880 (December 28,
2007).
As a result of its reviews, the Department found that revocation of
the AD and CVD orders would likely lead to continuation or recurrence
of dumping and countervailable subsidies, and notified the ITC of the
magnitude of the margins and net countervailable subsidies likely to
prevail were the orders to be revoked. 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; see also Carbon and
Certain Alloy Steel Wire Rod from Brazil: Final Results of Expedited
Five-year Sunset Review of the Countervailing Duty Order, 73 FR 1323
(January 8, 2008) and accompanying Issues and Decision Memorandum.
On July 17, 2008, the ITC published its determination pursuant to
section 751(c) of the Act, that revocation of the AD orders on wire rod
from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, and
Ukraine, and the CVD order on wire rod from Brazil would likely 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,
Investigation Nos. 701-TA-417 and
[[Page 44219]]
731-TA-953, 954, 957-959, 961, and 962 (Review) 73 FR 41116 (July 17,
2008) (``ITC Wire Rod Final Determination''); and Carbon and Certain
Alloy Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, USITC Publication 4014, Investigation
Nos. 701-TA-417 and 731-TA-953, 954, 957-959, 961, and 962 (Review)
(June 2008).
With respect to the AD order on wire rod from Canada, the ITC
determined that revocation of order 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, pursuant to section
751(c) of the Act. See 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 in a
separate Federal Register notice.
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) 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\
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\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.
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Determination
As a result of the determinations by the Department and the ITC
that revocation of these AD and CVD orders would likely lead to
continuation or recurrence of dumping and countervailable subsidies; as
well as material injury to an industry in the United States, pursuant
to section 751(d)(2) of the Act, the Department hereby orders the
continuation of the AD orders on wire rod from Brazil, Indonesia,
Mexico, Moldova, Trinidad and Tobago, and Ukraine, and the CVD order on
wire rod from Brazil. Therefore, CBP will continue to collect AD and
CVD cash deposits at the rates in effect at the time of entry for all
imports of subject merchandise.
The effective date of continuation of these orders will be the date
of publication in the Federal Register of this Notice of Continuation.
Pursuant to section 751(c)(2) of the Act, the
[[Page 44220]]
Department intends to initiate the next five-year review of these
orders not later than June 2013.
These five-year sunset reviews and this notice are in accordance
with section 751(c) of the Act. This notice is published pursuant to
751(c) and 771(i) of the Act and 19 CFR 351.218(f)(4).
Dated: July 23, 2008.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17486 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-P
