Carbon and Certain Alloy Steel Wire Rod From Ukraine: Revocation of Antidumping Duty Order, 38009-38011 [2014-15687]
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Notices
(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or withdrawn from warehouse, for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.
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 these orders
are currently 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,
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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, 7227.20.0010,
7227.20.0020, 7227.20.0030,
7227.20.0080, 7227.20.0090,
7227.20.0095, 7227.90.6010,
7227.90.6020, 7227.90.6030,
7227.90.6035, 7227.90.6050,
7227.90.6051, 7227.90.6053,
7227.90.6058, 7227.90.6059,
7227.90.6080, and 7227.90.6085 of the
HTSUS.
On October 1, 2012, the Department
published its final determination of
circumvention, finding that shipments
of wire rod with an actual diameter of
4.75 mm to 5.00 mm produced in
Mexico and exported to the United
States by Deacero S.A. de C.V.
constitute merchandise altered in form
or appearance in such minor respects
that it should be included within the
scope of the order on wire rod from
Mexico.4
Continuation of the Orders
As a result of the determinations by
the Department and the USITC that
revocation of these AD and CVD orders
would likely lead to continuation or
recurrence of dumping or a
countervailable subsidy, and material
injury to an industry in the United
States, pursuant to sections 751(c) and
751(d)(2) of the Act, the Department
hereby orders the continuation of the
AD orders on wire rod from Brazil,
Indonesia, Mexico, Moldova, and
Trinidad and Tobago and the CVD order
on wire rod from Brazil.
U.S. Customs and Border Protection
will continue to collect cash deposits at
the rates in effect at the time of entry for
all imports of subject merchandise. The
effective date of the continuation of
these orders is the date of publication in
the Federal Register of this notice of
continuation. Pursuant to section
751(c)(2) of the Act, the Department
intends to initiate the next five-year
review of these orders not later than 30
days prior to the fifth anniversary of the
effective date of the continuation.
These five-year (sunset) reviews and
notice are in accordance with section
751(c) of the Act and published
pursuant to section 777(i)(1) of the Act
and 19 CFR 351.218(f)(4).
Carbon and Certain Alloy Steel Wire Rod
from Mexico: Affirmative Final Determination of
Circumvention of the Antidumping Order, 77 FR
59892 (October 1, 2012). Deacero appealed the
Department’s final determination, and the case is
currently pending. See Deacero S.A. de C.V., et al.
v. United States, Ct. No. 12–345 (Ct. Int’l Trade).
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38009
Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–15680 Filed 7–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–823–812]
Carbon and Certain Alloy Steel Wire
Rod From Ukraine: Revocation of
Antidumping Duty Order
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the
determination by the International
Trade Commission (the ‘‘ITC’’) that
revocation of the antidumping duty
(‘‘AD’’) order on carbon and certain
alloy steel wire rod (‘‘wire rod’’) from
Ukraine would not be likely to lead to
the continuation or recurrence of
material injury to an industry in the
United States, the Department of
Commerce (the ‘‘Department’’) is
revoking the AD order.
DATES: Effective: July 30, 2013.
FOR FURTHER INFORMATION CONTACT:
James Terpstra, Office III, AD/CVD
Operations, Enforcement and
Compliance, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue NW., Washington, DC 20230;
telephone: (202) 482–3965.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On June 3, 2013, the Department
initiated the second sunset reviews of
the AD orders on wire rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine, pursuant to
section 751(c) of and 752 of the Tariff
Act of 1930, as amended (the ‘‘Act’’).1
As a result of its reviews, the
Department found that revocation of the
AD orders would be likely lead to
continuation or recurrence of dumping,
and notified the ITC of the margins of
dumping likely to prevail were the
orders to be revoked.2
On June 20, 2014, the ITC published
its determination, pursuant to section
751(c)(1) and section 752(a) of the Act,
1 See Initiation of Five-Year (‘‘Sunset’’) Reviews,
78 FR 33063 (June 3, 2013) (‘‘Notice of Initiation’’).
2 See Carbon and Certain Alloy Steel Wire Rod
from Brazil, Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine: Final Results of the
Expedited Second Sunset Reviews of the
Antidumping Duty Orders, 78 FR 63450 (October
24, 2013).
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Notices
that revocation of the AD order on wire
rod from Ukraine would not be likely to
lead to the continuation or recurrence of
material injury within a reasonably
foreseeable time.3
Scope of the Order
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The merchandise subject to the 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)
3 See Carbon and Certain Alloy Steel Wire Rod
from Brazil, Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine, 79 FR 35381 (June 20,
2014); see also USITC Publication 4472 (June 2014)
entitled Carbon and Certain Alloy Steel Wire Rod
from Brazil, Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine (Inv. Nos. 701–TA–417
and 731–TA–953, 957–959, and 961–962 (Second
Review)). The ITC also found that revocation of the
AD orders on wire rod from Brazil, Indonesia,
Mexico, Moldova, and Trinidad and Tobago would
be likely to lead to the continuation or recurrence
of material injury within a reasonably foreseeable
time.
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16:53 Jul 02, 2014
Jkt 232001
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
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.
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
PO 00000
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Fmt 4703
Sfmt 4703
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
7213.91.3000, 7213.91.3010,
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3090,
7213.91.3091, 7213.91.3092,
7213.91.3093, 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,
7227.20.0010, 7227.20.0020,
7227.20.0030, 7227.20.0080,
7227.20.0090, 7227.20.0095,
7227.90.6010, 7227.90.6020,
7227.90.6030, 7227.90.6035,
7227.90.6050, 7227.90.6051,
7227.90.6053, 7227.90.6058,
7227.90.6059, 7227.90.6080, and
7227.90.6085 of the HTSUS.
Revocation
As a result of the determination by the
ITC that revocation of the AD order
would not be likely to lead to
continuation or recurrence of material
injury to an industry in the United
States, pursuant to section 751(d)(2) of
the Act, the Department is revoking the
AD order on wire rod from Ukraine.
Pursuant to section 751(d)(2) of the Act
and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is July 30, 2013 (i.e.,
the fifth anniversary of the effective date
of publication in the Federal Register of
the previous continuation of this
order).4
Cash Deposits and Assessment of Duties
The Department will notify U.S.
Customs and Border Protection (‘‘CBP’’),
15 days after publication of this notice,
4 See Carbon and Certain Alloy Steel Wire Rod
From Brazil, Indonesia, Mexico, Moldova, Trinidad
and Tobago, and Ukraine: Continuation of
Antidumping and Countervailing Duty, 73 FR
44218 (July 30, 2008).
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Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Notices
to terminate the suspension of
liquidation and to discontinue the
collection of cash deposits on entries of
the subject merchandise, entered or
withdrawn from warehouse, on or after
July 30, 2013. The Department will
further instruct CBP to refund with
interest all cash deposits on entries
made on or after July 30, 2013. Entries
of subject merchandise prior to the
effective date of revocation will
continue to be subject to suspension of
liquidation and AD deposit
requirements and assessments. The
Department will complete any pending
or requested administrative reviews of
this order covering entries prior to July
30, 2013.
received, we further preliminarily
determine that Navneet Education is the
successor-in-interest to Navneet
Publications (India) Ltd. (Navneet) and
should be accorded the same treatment
previously given to Navneet with
respect to the CVD order on CLPP from
India. Interested parties are invited to
comment on these preliminary results.
FOR FURTHER INFORMATION CONTACT: John
Conniff, AD/CVD Operations, Office III,
Enforcement and Compliance,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue NW.,
Washington, DC 20230; telephone: (202)
482–1009.
SUPPLEMENTARY INFORMATION:
Administrative Protective Order
Background
This notice also serves as the only
reminder to parties subject to
administrative protective order (‘‘APO’’)
of their responsibility concerning the
return/destruction or conversion to
judicial protective order of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305(a)(3).
Failure to comply is a violation of the
APO which may be subject to sanctions.
This five-year (sunset) review and
notice are in accordance with section
751(d)(2) the Act and published
pursuant to section 777(i)(1) of the Act.
Certain Lined Paper Products From
India: Notice of Initiation and
Preliminary Results of Countervailing
Duty Changed Circumstances Review
On September 28, 2006, the
Department published the CLPP CVD
Order.1 In its October 17, 2013, CCR
request, Navneet Education requests
that: (1) The Department conduct a CCR
under section 751(b)(1) of the Act and
19 CFR 351.216 to determine that it is
the successor-in-interest to Navneet for
purposes of the CVD order; and (2) that
the Department issue instructions to
Customs and Border Protection (CBP)
that reflect this conclusion.2 Navneet
Education argues that the change
necessitating the CCR stems solely from
a name change.
On December 23, 2013, the
Department issued a deficiency letter 3
to Navneet Education to which it
responded on March 18, 2014.4 On May
6, 2014, we issued a deficiency letter in
which we explained to Navneet
Education that because it took nearly
three months to respond to our initial
deficiency letter, the time span covered
by its initial CCR request was no longer
timely. Therefore, we instructed
Navneet Education to provide
information starting from December 31,
2012, through the date that it filed its
revised CCR request.5 On May 16, 2014,
Navneet Education submitted a revised
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
DATES: Effective: July 3, 2014].
SUMMARY: In response to a request from
Navneet Education Limited (Navneet
Education), a producer/exporter of
certain lined paper products (CLPP)
from India, and pursuant to section
751(b)(1) of the Tariff Act of 1930, as
amended (the Act), and 19 CFR 351.216,
the Department is initiating a changed
circumstances review (CCR) of the
countervailing duty (CVD) order on
CLPP from India with regard to Navneet
Education. Based on the information
1 See Notice of Amended Final Determination of
Sales at Less Than Fair Value: Certain Lined Paper
Products from the People’s Republic of China;
Notice of Antidumping Duty Orders: Certain Lined
Paper Products from India, Indonesia and the
People’s Republic of China; and Notice of
Countervailing Duty Orders: Certain Lined Paper
Products from India and Indonesia, 71 FR 56949
(September 28, 2006) (CLPP CVD Order).
2 See Navneet Education’s March 17, 2014, letter
to the Department, Request for Changed
Circumstances Review Navneet Publications (India)
Ltd. (CCR Request) at 1–2.
3 See the Department’s December 23, 2013,
deficiency letter (Initial Deficiency Letter).
4 See Navneet Education’s March 18, 2014,
submission (Supplemental Filing).
5 See the Department’s May 6, 2014, deficiency
letter (Second Deficiency Letter).
Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2014–15687 Filed 7–2–14; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[C–533–844]
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AGENCY:
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16:53 Jul 02, 2014
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38011
CCR request spanning the time period
specified by the Department.6
Scope of the Order
The merchandise covered by the CLPP
CVD Order is certain lined paper
products, typically school supplies (for
purposes of this scope definition, the
actual use of or labeling these products
as school supplies or non-school
supplies is not a defining characteristic)
composed of or including paper that
incorporates straight horizontal and/or
vertical lines on ten or more paper
sheets (there shall be no minimum page
requirement for looseleaf filler paper).
The products are currently classified
under the following Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4811.90.9035,
4811.90.9080, 4820.30.0040,
4810.22.5044, 4811.90.9050,
4811.90.9090, 4820.10.2010,
4820.10.2020, 4820.10.2030,
4820.10.2040, 4820.10.2050,
4820.10.2060, and 4820.10.4000.
Although the HTSUS numbers are
provided for convenience and customs
purposes, the written product
description remains dispositive.7
Initiation and Issuance of Preliminary
Results of Changed Circumstances
Review
Pursuant to section 751(b)(1) of the
Act, the Department will conduct a CCR
upon receipt of a request from an
interested party or receipt of
information concerning a CVD order
which shows changed circumstances
sufficient to warrant a review of the
order.
We received information indicating
that in 2013, Navneet changed its name
to Navneet Education for cosmetic
reasons and that any change between it
and its alleged predecessor is solely in
the changing of its name. The
Department determines that the
information submitted by Navneet
Education constitutes sufficient
evidence to warrant a CCR of this
order.8 Therefore, in accordance with
section 751(b)(1) of the Act, we are
initiating a CCR based upon the
6 See Navneet Education’s May 16, 2014,
submission (Second Supplemental Filing).
7 For a complete description of the scope of the
CLPP CVD Order, see the memorandum from
Christian Marsh, Deputy Assistant Secretary for
Antidumping and Countervailing Duty Operations,
to Paul Piquado, Assistant Secretary for
Enforcement and Compliance, ‘‘Decision
Memorandum for Preliminary Results of Changed
Circumstances Review: Certain Lined Paper
Products from India’’ (Preliminary Decision
Memorandum), dated concurrently with these
results and hereby adopted by this notice.
8 See 19 CFR 351.216(d).
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]]>Agencies
[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38009-38011]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15687]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-823-812]
Carbon and Certain Alloy Steel Wire Rod From Ukraine: Revocation
of Antidumping Duty Order
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determination by the International Trade
Commission (the ``ITC'') that revocation of the antidumping duty
(``AD'') order on carbon and certain alloy steel wire rod (``wire
rod'') from Ukraine would not be likely to lead to the continuation or
recurrence of material injury to an industry in the United States, the
Department of Commerce (the ``Department'') is revoking the AD order.
DATES: Effective: July 30, 2013.
FOR FURTHER INFORMATION CONTACT: James Terpstra, Office III, AD/CVD
Operations, Enforcement and Compliance, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-
3965.
SUPPLEMENTARY INFORMATION:
Background
On June 3, 2013, the Department initiated the second sunset reviews
of the AD orders on wire rod from Brazil, Indonesia, Mexico, Moldova,
Trinidad and Tobago, and Ukraine, pursuant to section 751(c) of and 752
of the Tariff Act of 1930, as amended (the ``Act'').\1\ As a result of
its reviews, the Department found that revocation of the AD orders
would be likely lead to continuation or recurrence of dumping, and
notified the ITC of the margins of dumping likely to prevail were the
orders to be revoked.\2\
---------------------------------------------------------------------------
\1\ See Initiation of Five-Year (``Sunset'') Reviews, 78 FR
33063 (June 3, 2013) (``Notice of Initiation'').
\2\ See Carbon and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Final
Results of the Expedited Second Sunset Reviews of the Antidumping
Duty Orders, 78 FR 63450 (October 24, 2013).
---------------------------------------------------------------------------
On June 20, 2014, the ITC published its determination, pursuant to
section 751(c)(1) and section 752(a) of the Act,
[[Page 38010]]
that revocation of the AD order on wire rod from Ukraine would not be
likely to lead to the continuation or recurrence of material injury
within a reasonably foreseeable time.\3\
---------------------------------------------------------------------------
\3\ See Carbon and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 79 FR
35381 (June 20, 2014); see also USITC Publication 4472 (June 2014)
entitled Carbon and Certain Alloy Steel Wire Rod from Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine (Inv.
Nos. 701-TA-417 and 731-TA-953, 957-959, and 961-962 (Second
Review)). The ITC also found that revocation of the AD orders on
wire rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and
Tobago would be likely to lead to the continuation or recurrence of
material injury within a reasonably foreseeable time.
---------------------------------------------------------------------------
Scope of the Order
The merchandise subject to the 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 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.
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 7213.91.3000, 7213.91.3010, 7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092, 7213.91.3093,
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, 7227.20.0010, 7227.20.0020, 7227.20.0030, 7227.20.0080,
7227.20.0090, 7227.20.0095, 7227.90.6010, 7227.90.6020, 7227.90.6030,
7227.90.6035, 7227.90.6050, 7227.90.6051, 7227.90.6053, 7227.90.6058,
7227.90.6059, 7227.90.6080, and 7227.90.6085 of the HTSUS.
Revocation
As a result of the determination by the ITC that revocation of the
AD order would not be likely to lead to continuation or recurrence of
material injury to an industry in the United States, pursuant to
section 751(d)(2) of the Act, the Department is revoking the AD order
on wire rod from Ukraine. Pursuant to section 751(d)(2) of the Act and
19 CFR 351.222(i)(2)(i), the effective date of revocation is July 30,
2013 (i.e., the fifth anniversary of the effective date of publication
in the Federal Register of the previous continuation of this order).\4\
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\4\ See Carbon and Certain Alloy Steel Wire Rod From Brazil,
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine:
Continuation of Antidumping and Countervailing Duty, 73 FR 44218
(July 30, 2008).
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Cash Deposits and Assessment of Duties
The Department will notify U.S. Customs and Border Protection
(``CBP''), 15 days after publication of this notice,
[[Page 38011]]
to terminate the suspension of liquidation and to discontinue the
collection of cash deposits on entries of the subject merchandise,
entered or withdrawn from warehouse, on or after July 30, 2013. The
Department will further instruct CBP to refund with interest all cash
deposits on entries made on or after July 30, 2013. Entries of subject
merchandise prior to the effective date of revocation will continue to
be subject to suspension of liquidation and AD deposit requirements and
assessments. The Department will complete any pending or requested
administrative reviews of this order covering entries prior to July 30,
2013.
Administrative Protective Order
This notice also serves as the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return/destruction or conversion to judicial protective
order of proprietary information disclosed under APO in accordance with
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which
may be subject to sanctions.
This five-year (sunset) review and notice are in accordance with
section 751(d)(2) the Act and published pursuant to section 777(i)(1)
of the Act.
Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-15687 Filed 7-2-14; 8:45 am]
BILLING CODE 3510-DS-P
