Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago; Final Results of Antidumping Duty Administrative Review, 8650-8651 [2010-3884]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8650-8651]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3884]


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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 9, 2009, the Department of Commerce (the 
Department) published in the Federal Register the preliminary results 
of the administrative review of the antidumping duty order on carbon 
and certain alloy steel 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, 74 FR 57648 
(November 9, 2009) (Preliminary Results). We gave interested parties an 
opportunity to comment on the Preliminary Results, and received no 
comments.

EFFECTIVE DATE: February 25, 2010.

FOR FURTHER INFORMATION CONTACT: Dennis McClure 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-
5973 or (202) 482-8362, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On November 9, 2009, the Department published the preliminary 
results of administrative review of the antidumping duty order covering 
carbon and certain alloy steel wire rod from Trinidad and Tobago. See 
Preliminary Results. The parties subject to this review are 
ArcelorMittal Point Lisas Limited, and its affiliate ArcelorMittal 
International America LLC (collectively, AMPL). The petitioners in this 
proceeding are ISG Georgetown Inc., Nucor Steel Connecticut Inc., 
Keystone Consolidated Industries Inc., and Rocky Mountain Steel Mills.
    In the Preliminary Results, the Department stated that interested 
parties were to submit case briefs within 30 days of publication of the 
Preliminary Results and rebuttal briefs within five days of the due 
date for filing case briefs. See Preliminary Results at 57652. No 
interested party submitted a case or rebuttal brief. We have made no 
changes since the Preliminary Results were published.

Period of Review

    The period of review (POR) is October 1, 2007, through September 
30, 2008.

Scope of the Order

    The merchandise subject to this order is certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, 5.00 mm or more, but less than 19.00 mm, in solid 
cross-sectional diameter. Specifically excluded are steel products 
possessing the above-noted physical characteristics and meeting the 
Harmonized Tariff Schedule of the United States (HTSUS) definitions for 
(a) stainless steel; (b) tool steel; (c) high nickel steel; (d) ball 
bearing steel; and (e) concrete reinforcing bars and rods. Also 
excluded are (f) free machining steel products (i.e., products that 
contain by weight one or more of the following elements: 0.03 percent 
or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more 
of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent 
of selenium, or more than 0.01 percent of tellurium).
    Also excluded from the scope are 1080 grade tire cord quality wire 
rod and 1080 grade tire bead quality wire rod. 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

[[Page 8651]]

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 merchandise subject to this order are classifiable under 
subheadings 7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015, 
7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092, 
7213.91.3093,\1\ 7213.91.4500, 7213.91.4510, 7213.91.4590, 
7213.91.6000, 7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 
7213.99.0038, 7213.99.0090, 7227.20.0000,\2\ 7227.20.0010, 
7227.20.0020, 7227.20.0030, 7227.20.0080, 7227.20.0090, 7227.20.0095, 
7227.90.6010, 7227.90.6020, 7227.90.6085, 7227.90.6050, 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.\3\
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    \1\ As a result of a typographical error, this HTSUS subheading 
appeared as ``721.39.3093'' in the Preliminary Results.
    \2\ As a result of a typographical error, this HTSUS subheading 
appeared as ``7227.20.000'' in the Preliminary Results.
    \3\ Effective July 1, 2008, U.S. Customs and Border Protection 
(CBP) reclassified certain HTSUS numbers related to the subject 
merchandise. See https://www.usitc.gov/publications/docs/tata/hts/bychapter/0810chgs.pdf.
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Final Results of Review

    The Department has determined that the following margins exist for 
the period October 1, 2007, through September 30, 2008:

------------------------------------------------------------------------
                                                       Weighted Average
               Manufacturer / Exporter                Margin (percentge)
------------------------------------------------------------------------
AMPL................................................               23.95
------------------------------------------------------------------------

Assessment Rates

    Pursuant to these final results, the Department has determined, and 
CBP shall assess, antidumping duties on all appropriate entries. The 
Department intends to issue assessment instructions for AMPL to CBP 15 
days after the date of publication of these final results. Pursuant to 
19 CFR 351.212(b)(1), we calculated importer-specific (or customer-
specific) ad valorem duty assessment rates based on the ratio of the 
total amount of the dumping margins calculated for the examined sales 
to the total entered value of those same sales. We will instruct CBP to 
assess antidumping duties on all appropriate entries covered by this 
review if any importer-specific (or customer-specific) assessment rates 
calculated in the final results of this review are above de minimis.
    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 
of Antidumping Duties). This clarification will apply to entries of 
subject merchandise during the POR produced by AMPL for which AMPL did 
not know the merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate un-reviewed entries at the 
11.40 percent all-others rate if there is no company-specific rate for 
an intermediary involved in the transaction. 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, 65947 (October 29, 2002) (Wire Rod Orders) (establishing an all-
others rate of 11.40 percent). See Assessment of Antidumping Duties for 
a full discussion of this clarification.

Cash Deposit Requirements

    Furthermore, the following deposit requirements will be effective 
upon publication of these final results for all shipments of wire rod 
from Trinidad and Tobago entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this administrative review, as provided by section 751(a)(1) of the 
Tariff Act of 1930, as amended (the Act): (1) the cash deposit rate for 
AMPL will be the rate established in the final results of review; (2) 
if the exporter is not a firm covered in this review or the less-than-
fair-value (LTFV) investigation, but the manufacturer is, the cash 
deposit rate will be the rate established for the most recent period 
for the manufacturer of the merchandise; and (3) 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 the 
all-others rate of 11.40 percent ad valorem from the LTFV 
investigation. See Wire Rod Orders at 65947. These deposit 
requirements, when imposed, shall remain in effect until further 
notice.

Reimbursement of Duties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this POR. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties. See 19 CFR 351.402(f)(3).

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. 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 violation which is subject to sanction.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i) of the Act.

    Dated: February 19, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 2010-3884 Filed 2-24-10; 8:45 am]
BILLING CODE 3510-DS-S