Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago; Final Results of Antidumping Duty Administrative Review, 10722-10724 [E9-5369]
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10722
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
in the Federal Register and in
newspapers with circulation in the
proposal area.
Any final action by Rural
Development related to the proposal
will be subject to, and contingent upon,
compliance with all relevant Federal,
state and local environmental laws and
regulations, and completion of the
environmental review requirements as
prescribed in Rural Development’s
Environmental Policies and Procedures
(7 CFR part 1794).
Dated: March 6, 2009.
Mark S. Plank,
Director, Engineering and Environmental
Staff, USDA/Rural Development/Utilities
Programs.
[FR Doc. E9–5375 Filed 3–11–09; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
International Trade Administration
(A–274–804)
Carbon and Certain Alloy Steel Wire
Rod from Trinidad and Tobago; Final
Results of Antidumping Duty
Administrative Review
cprice-sewell on PRODPC61 with NOTICES
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
SUMMARY: On November 5, 2008, the
Department of Commerce (the
Department) published the preliminary
results of the fifth administrative review
for the antidumping duty order on
carbon and certain alloy steel wire rod
(wire rod) from Trinidad and Tobago.
See Carbon and Certain Alloy Steel Wire
Rod from Trinidad and Tobago:
Preliminary Results of Antidumping
Duty Administrative Review, 73 FR
65833 (November 5, 2008) (Preliminary
Results). This review covers imports of
wire rod from ArcelorMittal Point Lisas
Limited,1 and its affiliate Mittal Steel
North America Inc. (MSNA)
(collectively, AMPL). The period of
review (POR) is October 1, 2006,
through September 30, 2007.
Based on our analysis of comments
received, these final results do not differ
from the preliminary results. The final
results are listed below in the Final
Results of Review section.
EFFECTIVE DATE: March 12, 2009.
FOR FURTHER INFORMATION CONTACT:
Stephanie Moore or Jolanta Lawska, AD/
1 ArcelorMittal Point Lisas Limited is the
successor–in–interest to Mittal Steel Point Lisas
Limited. See Carbon and Certain Alloy Steel Wire
Rod from Trinidad and Tobago: Notice of Final
Results of Antidumping Duty Changed
Circumstances Review, 73 FR 30052 (May 23,
2008).
VerDate Nov<24>2008
14:56 Mar 11, 2009
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CVD Operations, Office 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3692 and (202)
482–8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2002, the Department
published in the Federal Register the
antidumping duty order on wire rod
from Trinidad and Tobago. 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 (Wire Rod Orders). On July 6,
2005, the Department determined that
Mittal Steel Point Lisas Limited (MSPL)
is the successor–in-interest to Carribean
Ispat Limited (CIL). See Notice of Final
Results of Antidumping Duty Changed
Circumstances Review: Carbon and
Certain Alloy Wire Rod from Trinidad
and Tobago, 70 FR 38871 (July 6, 2005).
On May 23, 2008, the Department
determined that AMPL is the successor–
in-interest to MSPL. See Carbon and
Certain Alloy Steel wire Rod from
Trinidad and Tobago: Notice of Final
results of Antidumping Duty Changed
Circumstances Review, 73 FR 30052
(May 23, 2008). On November 5, 2008,
the Department published in the
Federal Register its Preliminary Results
of the administrative review of this
order for the period October 1, 2006,
through September 30, 2007. See
Preliminary Results, 73 FR at 65833.
This is the fifth administrative review of
this order.
Comments From Interested Parties
We invited interested parties to
comment on the Preliminary Results. On
December 5, 2008, AMPL filed a case
brief, and on December 10, 2008,
petitioners submitted a rebuttal brief.
Petitioners are Gerdau Ameristeel US
Inc. (formerly Co–Steel Raritan, Inc.),
Keystone Consolidated Industries, Inc.,
North Star Steel Texas, Inc., Nucor Steel
Connecticut, Inc., and Rocky Mountain
Steel Mills. No party requested a
hearing.
Scope of the Antidumping Duty 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
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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)
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Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
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 under review are
currently classifiable under subheadings
7213.91.3010, 7213.91.3015,
7213.91.3090, 7213.91.3092,
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,
VerDate Nov<24>2008
14:56 Mar 11, 2009
Jkt 217001
7227.20.0095, 7227.90.6010,
7227.90.6051, 7227.90.6053,
7227.90.6058,7227.90.6059, 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 order is dispositive.2
Analysis of Comments
All issues raised in the case and
rebuttal briefs by parties to this
administrative review are addressed in
the accompanying Issues and Decision
Memorandum for the Antidumping
Duty Order on Carbon and Certain Alloy
Steel Wire Rod from Trinidad and
Tobago (Decision Memorandum), which
is hereby adopted by this notice. A list
of the issues which parties have raised,
and to which we have responded in the
Issues and Decision Memorandum, is
attached to this notice as an Appendix.
Parties can find a complete discussion
of the issues in this review and the
corresponding recommendations in this
public memorandum, which is on file in
the Department’s Central Records Unit
(CRU), Room 1117 of the main
commerce building. In addition, a
complete version of the Issues and
Decision Memorandum can be accessed
directly on the World Wide Web at
https://ia.ita.doc.gov/frn. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
10723
above de minimis, we will instruct CBP
to assess duties on all entries of subject
merchandise by that importer. The
Department intends to issue assessment
instructions to CBP 15 days after the
date of publication of these final results
of review.
The Department clarified its
‘‘automatic assessment’’ regulation on
May 6, 2003. See Antidumping and
Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68
FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will
apply to entries of subject merchandise
during the POR produced by AMPL for
which AMPL did not know that the
merchandise it sold to the intermediary
(e.g., a reseller, trading company, or
exporter) was destined for the United
States. In such instances, we will
instruct CBP to liquidate unreviewed
entries at the all–others rate if there is
no rate for the intermediary involved in
the transaction. See Assessment Policy
Notice for a full discussion of this
clarification.
Cash Deposit Requirements
The following antidumping duty
deposit rates will be effective upon
publication of this notice of final results
of the administrative review for all
shipments of wire rod from Trinidad
and Tobago entered, or withdrawn from
warehouse, for consumption on or after
the date of the publication of these final
Final Results of Review
results, as provided by section 751(a)(1)
As a result of our review, we
of the Act: (1) the cash deposit rate for
determine that the following weighted–
AMPL is 1.56 percent; (2) for previously
average margin exists for the period
October 1, 2006, through September 30, reviewed or investigated companies not
listed above, the cash deposit rate will
2007.
continue to be the company–specific
Weighted–Average rate published for the most recent final
Manufacturer/Exporter
Margin
results in which that manufacturer or
exporter participated; (3) if the exporter
AMPL ............................
1.56 percent is not a firm covered in this review, a
prior review, or the original less–than–
Assessment Rates
fair–value (LTFV) investigation, but the
The Department will determine, and
manufacturer is, the cash deposit rate
U.S. Customs and Border Protection
will be the rate established for the most
(CBP) shall assess, antidumping duties
recent final results for the manufacturer
on all appropriate entries, pursuant to
of the merchandise; and, (4) if neither
section 751(a)(1)(B) of the Tariff Act of
the exporter nor the manufacturer is a
1930, as amended (the Act), and 19 CFR firm covered in this or any previous
351.212(b). The Department calculated
review conducted by the Department,
importer–specific duty assessment rates the cash deposit rate will be 11.40
on the basis of the ratio of the total
percent, the all–others rate established
antidumping duties calculated for the
in the LTFV investigation. See Notice of
examined sales to the total entered
Antidumping Duty Orders: Carbon and
value of the examined sales for that
Certain Alloy Steel Wire Rod from
importer. Where the assessment rate is
Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, 67
2 Effective July 1, 2008, U.S. Customs and Border
FR 65945 (October 29, 2002). These cash
Protection (CBP) reclassified certain HTSUS
deposit requirements, when imposed,
numbers related to the subject merchandise. See
http: //hotdocs.usitc.gov/ tariff––chapters––current/ shall remain in effect until further
toc.html.
notice.
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10724
Federal Register / Vol. 74, No. 47 / Thursday, March 12, 2009 / Notices
Notification to Importers
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Failure to
comply with this requirement may
result in the Secretary’s presumption
that reimbursement of antidumping
and/or countervailing duties occurred
and the subsequent assessment of
double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder
to parties subject to administrative
protective orders (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305(a)(5). 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.
We are issuing and publishing these
final results of review in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import
Administration.
APPENDIX I
List of Comments in the Issues and
Decision Memorandum
Comment 1 Whether the Department
Should Exclude the Single Sale of Scrap
Merchandise
Comment 2: Whether the Department
Should Modify its Liquidation
Instructions to U.S. Customs and Border
Protection
[FR Doc. E9–5369 Filed 3–11–09; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
(A–357–812)
cprice-sewell on PRODPC61 with NOTICES
Honey from Argentina: Extension of
Time Limit for Final Results of
Antidumping Duty Administrative
Review
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce
EFFECTIVE DATE: March 12, 2009.
FOR FURTHER INFORMATION CONTACT:
Deborah Scott or Robert James, AD/CVD
VerDate Nov<24>2008
17:13 Mar 11, 2009
Jkt 217001
Operations, Office 7, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–2657 or (202) 482–
0649, respectively.
On
December 30, 2008, the Department of
Commerce (the Department) published
the preliminary results of the
administrative review of the
antidumping duty order on honey from
Argentina for the period December 1,
2006 through November 30, 2007. See
Honey from Argentina: Preliminary
Results of Antidumping Duty
Administrative Review and Intent to
Revoke Order in Part, 73 FR 79802
(December 30, 2008). The current
deadline for the final results of this
review is April 29, 2009.
Dated: March 4, 2009.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. E9–5236 Filed 3–11–09; 8:45 am]
BILLING CODE 3510–DS–S
SUPPLEMENTARY INFORMATION:
Extension of Time Limits for Final
Results
Section 751(a)(3)(A) of the Tariff Act
of 1930, as amended (the Act), requires
the Department to issue the final results
of an administrative review within 120
days after the date on which the
preliminary results were published.
However, if it is not practicable to
complete the review within this time
period, section 751(a)(3)(A) of the Act
allows the Department to extend the
time limit for the final results up to 180
days from the date of publication of the
preliminary results.
The Department finds that it is not
practicable to complete this review
within the original time frame due to
additional analysis that must be
performed with respect to respondent
Patagonik S.A.’s cost of production and
sales of subject merchandise.
Consequently, and in accordance with
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2), the Department is
fully extending the time limit for
completion of the final results of this
administrative review by 60 days, to
June 28, 2009. As this date falls on a
Sunday, the final results are due June
29, 2009. See Notice of Clarification:
Application of ‘‘Next Business Day’’
Rule for Administrative Determination
Deadlines Pursuant to the Tariff Act of
1930, As Amended, 70 FR 24533 (May
10, 2005).
This notice is published in
accordance with section 751(a)(3)(A) of
the Act.
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XN86
Notice of Decision to Expand Scope of
the Environmental Impact Statement
Analyzing Mitchell Act Funding and
Operation of Columbia River
Hatcheries
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration,
Commerce.
ACTION: Notice; request for comments.
SUMMARY: The National Marine
Fisheries Service (NMFS) announces its
decision to expand the scope of the
Mitchell Act Hatchery Environmental
Impact Statement (EIS) to include
analysis of the environmental effects of
hatchery programs in a way that will
inform future NMFS decisions about
Endangered Species Act compliance for
all Columbia River hatchery programs.
Our previous notice of intent to prepare
an EIS on the funding and operation of
Columbia River hatcheries under the
Mitchell Act was published on
September 3, 2004. We are opening a
30–day comment period on our decision
to expand the scope.
DATES: Written or electronic comments
from all interested parties are
encouraged and must be received no
later than 5 p.m. Pacific Standard Time
April 13, 2009.
ADDRESSES: All comments concerning
the preparation of the EIS and NEPA
process should be addressed to: Patty
Dornbusch, NMFS, 1201 N.E. Lloyd
Blvd., Suite 1100, Portland, OR 97232.
Comments may also be submitted via
fax (503) 872–2737 Attn: Mitchell Act
Hatchery EIS, or by electronic mail to
MitchellActEIS.nwr@noaa.gov with a
subject line containing the document
identifier: ‘‘Mitchell Act Hatchery EIS.’’
FOR FURTHER INFORMATION CONTACT:
Contact Patty Dornbusch, NMFS
Northwest Region, (503) 230–5430.
SUPPLEMENTARY INFORMATION:
Background
On September 3, 2004 (69 FR 53892),
NMFS announced its intent to prepare
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]]>Agencies
[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10722-10724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5369]
=======================================================================
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DEPARTMENT OF COMMERCE
International Trade Administration
(A-274-804)
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago;
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
SUMMARY: On November 5, 2008, the Department of Commerce (the
Department) published the preliminary results of the fifth
administrative review for the antidumping duty order on carbon and
certain alloy steel wire rod (wire rod) from Trinidad and Tobago. See
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago:
Preliminary Results of Antidumping Duty Administrative Review, 73 FR
65833 (November 5, 2008) (Preliminary Results). This review covers
imports of wire rod from ArcelorMittal Point Lisas Limited,\1\ and its
affiliate Mittal Steel North America Inc. (MSNA) (collectively, AMPL).
The period of review (POR) is October 1, 2006, through September 30,
2007.
Based on our analysis of comments received, these final results do
not differ from the preliminary results. The final results are listed
below in the Final Results of Review section.
---------------------------------------------------------------------------
\1\ ArcelorMittal Point Lisas Limited is the successor-in-
interest to Mittal Steel Point Lisas Limited. See Carbon and Certain
Alloy Steel Wire Rod from Trinidad and Tobago: Notice of Final
Results of Antidumping Duty Changed Circumstances Review, 73 FR
30052 (May 23, 2008).
---------------------------------------------------------------------------
EFFECTIVE DATE: March 12, 2009.
FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Jolanta Lawska, AD/
CVD Operations, Office 3, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3692 and (202) 482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 29, 2002, the Department published in the Federal
Register the antidumping duty order on wire rod from Trinidad and
Tobago. 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 (Wire Rod Orders). On July 6, 2005,
the Department determined that Mittal Steel Point Lisas Limited (MSPL)
is the successor-in-interest to Carribean Ispat Limited (CIL). See
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Wire Rod from Trinidad and Tobago, 70
FR 38871 (July 6, 2005). On May 23, 2008, the Department determined
that AMPL is the successor-in-interest to MSPL. See Carbon and Certain
Alloy Steel wire Rod from Trinidad and Tobago: Notice of Final results
of Antidumping Duty Changed Circumstances Review, 73 FR 30052 (May 23,
2008). On November 5, 2008, the Department published in the Federal
Register its Preliminary Results of the administrative review of this
order for the period October 1, 2006, through September 30, 2007. See
Preliminary Results, 73 FR at 65833. This is the fifth administrative
review of this order.
Comments From Interested Parties
We invited interested parties to comment on the Preliminary
Results. On December 5, 2008, AMPL filed a case brief, and on December
10, 2008, petitioners submitted a rebuttal brief. Petitioners are
Gerdau Ameristeel US Inc. (formerly Co-Steel Raritan, Inc.), Keystone
Consolidated Industries, Inc., North Star Steel Texas, Inc., Nucor
Steel Connecticut, Inc., and Rocky Mountain Steel Mills. No party
requested a hearing.
Scope of the Antidumping Duty 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. 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)
[[Page 10723]]
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 under review are currently classifiable under
subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092,
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, 7227.90.6010, 7227.90.6051, 7227.90.6053,
7227.90.6058,7227.90.6059, 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 order is dispositive.\2\
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\2\ 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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Analysis of Comments
All issues raised in the case and rebuttal briefs by parties to
this administrative review are addressed in the accompanying Issues and
Decision Memorandum for the Antidumping Duty Order on Carbon and
Certain Alloy Steel Wire Rod from Trinidad and Tobago (Decision
Memorandum), which is hereby adopted by this notice. A list of the
issues which parties have raised, and to which we have responded in the
Issues and Decision Memorandum, is attached to this notice as an
Appendix. Parties can find a complete discussion of the issues in this
review and the corresponding recommendations in this public memorandum,
which is on file in the Department's Central Records Unit (CRU), Room
1117 of the main commerce building. In addition, a complete version of
the Issues and Decision Memorandum can be accessed directly on the
World Wide Web at https://ia.ita.doc.gov/frn. The paper copy and
electronic version of the Issues and Decision Memorandum are identical
in content.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period October 1, 2006, through
September 30, 2007.
------------------------------------------------------------------------
Weighted-Average
Manufacturer/Exporter Margin
------------------------------------------------------------------------
AMPL................................................ 1.56 percent
------------------------------------------------------------------------
Assessment Rates
The Department will determine, and U.S. Customs and Border
Protection (CBP) shall assess, antidumping duties on all appropriate
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.212(b). The Department calculated
importer-specific duty assessment rates on the basis of the ratio of
the total antidumping duties calculated for the examined sales to the
total entered value of the examined sales for that importer. Where the
assessment rate is above de minimis, we will instruct CBP to assess
duties on all entries of subject merchandise by that importer. The
Department intends to issue assessment instructions to CBP 15 days
after the date of publication of these final results of review.
The Department clarified its ``automatic assessment'' regulation on
May 6, 2003. See Antidumping and Countervailing Duty Proceedings:
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment
Policy Notice). This clarification will apply to entries of subject
merchandise during the POR produced by AMPL for which AMPL did not know
that the merchandise it sold to the intermediary (e.g., a reseller,
trading company, or exporter) was destined for the United States. In
such instances, we will instruct CBP to liquidate unreviewed entries at
the all-others rate if there is no rate for the intermediary involved
in the transaction. See Assessment Policy Notice for a full discussion
of this clarification.
Cash Deposit Requirements
The following antidumping duty deposit rates will be effective upon
publication of this notice of final results of the administrative
review for all shipments of wire rod from Trinidad and Tobago entered,
or withdrawn from warehouse, for consumption on or after the date of
the publication of these final results, as provided by section
751(a)(1) of the Act: (1) the cash deposit rate for AMPL is 1.56
percent; (2) for previously reviewed or investigated companies not
listed above, the cash deposit rate will continue to be the company-
specific rate published for the most recent final results in which that
manufacturer or exporter participated; (3) if the exporter is not a
firm covered in this review, a prior review, or the original less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash
deposit rate will be the rate established for the most recent final
results for the manufacturer of the merchandise; and, (4) if neither
the exporter nor the manufacturer is a firm covered in this or any
previous review conducted by the Department, the cash deposit rate will
be 11.40 percent, the all-others rate established in the LTFV
investigation. 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). These
cash deposit requirements, when imposed, shall remain in effect until
further notice.
[[Page 10724]]
Notification to Importers
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement may result in the Secretary's presumption that
reimbursement of antidumping and/or countervailing duties occurred and
the subsequent assessment of double antidumping duties.
Notification Regarding APOs
This notice also serves as a reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the disposition of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(5). 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.
We are issuing and publishing these final results of review in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
APPENDIX I
List of Comments in the Issues and Decision Memorandum
Comment 1 Whether the Department Should Exclude the Single Sale of
Scrap Merchandise
Comment 2: Whether the Department Should Modify its Liquidation
Instructions to U.S. Customs and Border Protection
[FR Doc. E9-5369 Filed 3-11-09; 8:45 am]
BILLING CODE 3510-DS-S
