Final Results of Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod From Mexico, 45509-45510 [2011-19292]

Agencies

• DEPARTMENT OF COMMERCE
• International Trade Administration

[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Pages 45509-45510]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19292]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


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

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

ACTION: Final Results of Antidumping Duty Changed Circumstances Review: 
Carbon and Certain Alloy Steel Wire Rod from Mexico.

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SUMMARY: On November 3, 2010, the Department of Commerce (Department) 
published its Notice of Initiation and Preliminary Results of 
Antidumping Duty Changed Circumstances Review: Carbon and Certain Alloy 
Steel Wire Rod from Mexico, 75 FR 67685 (November 3, 2010) (Initiation 
and Preliminary Results Notice) and preliminarily determined that 
ArcelorMittal las Truchas, S.A. de C.V. (AMLT) operated as the same 
business entity as Siderurgica lazaro Cardenas las Truchas S.A. de C.V. 
(Sicartsa) for purposes of determining antidumping duty liability. We 
received comments from interested parties. Based on our analysis, we 
are now affirming our preliminary results.

DATES: Effective Date: July 29, 2011.

FOR FURTHER INFORMATION CONTACT: John Conniff, Office of AD/CVD 
Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th and Constitution 
Avenue, NW., Washington, DC 20230; telephone: (202) 482-1009.

Background

    On November 3, 2010, the Department published its Initiation and 
Preliminary Results Notice. On April 29, 2011, the Department received 
case briefs from Nucor Corporation (Nucor) and Gerdau Ameristeel US 
Inc. and Evraz Rocky Mountain Steel (petitioners) and AMLT. On May 6, 
2011, the Department received a rebuttal brief from Nucor and on May 9, 
2011, AMLT filed a rebuttal brief as well. Petitioners did not submit a 
rebuttal brief.

Scope of the Order

    The merchandise subject to this order is certain hot-rolled 
products of carbon steel and alloy steel, in coils, of approximately 
round cross section, 5.00 mm or more, but less than 19.00 mm in solid 
cross-sectional diameter.
    Specifically excluded are steel products possessing the above-noted 
physical characteristics and meeting the Harmonized Tariff Schedule of 
the United States (HTSUS) definitions for (a) stainless steel; (b) tool 
steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete 
reinforcing bars and rods. Also excluded are (f) free machining steel 
products (i.e., products that contain by weight one or more of the 
following elements: 0.03 percent or more of lead, 0.05 percent or more 
of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of 
phosphorus, more than 0.05 percent of selenium, or more than 0.01 
percent of tellurium).
    Also excluded from the scope are 1080 grade tire cord quality wire 
rod and 1080 grade tire bead quality wire rod. This grade 1080 tire 
cord quality rod is defined as: (i) Grade 1080 tire cord quality wire 
rod measuring 5.0 mm or more but not more than 6.0 mm in cross-
sectional diameter; (ii) with an average partial decarburization of no 
more than 70 microns in depth (maximum individual 200 microns); (iii) 
having no non-deformable inclusions greater than 20 microns and no 
deformable inclusions greater than 35 microns; (iv) having a carbon 
segregation per heat average of 3.0 or better using European Method NFA 
04-114; (v) having a surface quality with no surface defects of a 
length greater than 0.15 mm; (vi) capable of being drawn to a diameter 
of 0.30 mm or less with 3 or fewer breaks per ton, and (vii) containing 
by weight the following elements in the proportions shown: (1) 0.78 
percent or more of carbon, (2) less than 0.01 percent of aluminum, (3) 
0.040 percent or less, in the aggregate, of phosphorus and sulfur, (4) 
0.006 percent or less of nitrogen, and (5) not more than 0.15 percent, 
in the aggregate, of copper, nickel and chromium.
    This grade 1080 tire bead quality rod is defined as: (i) Grade 1080 
tire bead quality wire rod measuring 5.5 mm or more but not more than 
7.0 mm in cross-sectional diameter; (ii) with an average partial 
decarburization of no more than 70 microns in depth (maximum individual 
200 microns); (iii) having no non-deformable inclusions greater than 20 
microns and no deformable inclusions greater than 35

[[Page 45510]]

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 the grade 1080 tire cord quality wire rod and the 
grade 1080 tire bead quality wire rod, an inclusion will be considered 
to be deformable if its ratio of length (measured along the axis--that 
is, the direction of rolling--of the rod) over thickness (measured on 
the same inclusion in a direction perpendicular to the axis of the rod) 
is equal to or greater than three. The size of an inclusion for 
purposes of the 20 microns and 35 microns limitations is the 
measurement of the largest dimension observed on a longitudinal section 
measured in a direction perpendicular to the axis of the rod. This 
measurement methodology applies only to inclusions on certain grade 
1080 tire cord quality wire rod and certain grade 1080 tire bead 
quality wire rod that are entered, or withdrawn from warehouse, for 
consumption on or after July 24, 2003. See Notice of Final Result of 
Changed Circumstances Review of the Antidumping Duty and Countervailing 
Duty Orders, and Intent To Revoke Orders in Part, 68 FR 64079 (November 
12, 2003).
    The designation of the products as ``tire cord quality'' or ``tire 
bead quality'' indicates the acceptability of the product for use in 
the production of tire cord, tire bead, or wire for use in other rubber 
reinforcement applications such as hose wire. These quality 
designations are presumed to indicate that these products are being 
used in tire cord, tire bead, and other rubber reinforcement 
applications, and such merchandise intended for the tire cord, tire 
bead, or other rubber reinforcement applications is not included in the 
scope. However, should the 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, 7213.91.3092, 7213.91.4500, 
7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0000, 7227.90.6010, 
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 proceeding is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this changed circumstances review are addressed in the Issues and 
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. The Issues and Decision Memorandum is available in the 
Central Records Unit, room 7046, of the main Commerce building. In 
addition, a complete version of the Issues and Decision Memorandum can 
be accessed directly on the 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 Changed Circumstances Review

    In accordance with 19 CFR 351.221(c)(3)(i), we have determined that 
AMLT is the successor-in-interest to Sicartsa and should be accorded 
the same antidumping treatment as Sicartsa. We will instruct U.S. 
Customs and Border Protection that a cash deposit rate of 1.26 percent 
will be effective for AMLT's shipments of the subject merchandise 
entered, or withdraw from warehouse, for consumption on or after the 
date of publication of these final results. For the cash deposit rate 
calculated for Sicartsa, see Notice of Final Results of Antidumping 
Duty Administrative Review: Carbon and Certain Alloy Steel Wire Rod 
From Mexico, 71 FR 27989 (May 15, 2006).

Notification

    This notice serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. Timely written notification of 
the destruction of APO materials or conversion to judicial protective 
order is hereby requested. Failure to comply with the regulations and 
terms of an APO is a sanctionable violation.
    This notice is published in accordance with sections 751(b)(1) and 
777(i) of the Act and 19 CFR 351.216 and 351.221.

    Dated: July 22, 2011.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import Administration.

APPENDIX

Comment 1 Date of Sicartsa's Acquisition
Comment 2 Management
Comment 3 Supplier Base
Comment 4 Customer Base
Comment 5 Production Facilities

[FR Doc. 2011-19292 Filed 7-28-11; 8:45 am]
BILLING CODE 3510-DS-P