Carbon and Alloy Steel Wire Rod From the Republic of Korea and the United Kingdom: Notice of Final Results of Antidumping Duty Changed Circumstances Review, 13888-13890 [2019-06857]
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Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices
Dated: April 1, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations,
performing the non-exclusive functions and
duties of the Assistant Secretary for
Enforcement and Compliance.
XII. Analysis of Programs
XIII. Calculation of the All-Others Rate
XIV. ITC Notification
XV. Verification
XVI. Disclosure and Public Comment
XVII. Conclusion
Appendix I
BILLING CODE 3510–DS–P
Scope of the Investigation
The scope of the investigation covers
aluminum wire and cable, which is defined
as an assembly of one or more electrical
conductors made from 8000 Series
Aluminum Alloys (defined in accordance
with ASTM B800), Aluminum Alloy 1350
(defined in accordance with ASTM B230/
B230M or B609/B609M), and/or Aluminum
Alloy 6201 (defined in accordance with
ASTM B398/B398M), provided that: (1) At
least one of the electrical conductors is
insulated; (2) each insulated electrical
conductor has a voltage rating greater than 80
volts and not exceeding 1000 volts; and (3)
at least one electrical conductor is stranded
and has a size not less than 16.5 thousand
circular mil (kcmil) and not greater than 1000
kcmil. The assembly may: (1) Include a
grounding or neutral conductor; (2) be clad
with aluminum, steel, or other base metal; or
(3) include a steel support center wire, one
or more connectors, a tape shield, a jacket or
other covering, and/or filler materials.
Most aluminum wire and cable products
conform to National Electrical Code (NEC)
types THHN, THWN, THWN–2, XHHW–2,
USE, USE–2, RHH, RHW, or RHW–2, and
also conform to Underwriters Laboratories
(UL) standards UL–44, UL–83, UL–758, UL–
854, UL–1063, UL–1277, UL–1569, UL–1581,
or UL–4703, but such conformity is not
required for the merchandise to be included
within the scope.
The scope of the investigation specifically
excludes aluminum wire and cable products
in lengths less than six feet, whether or not
included in equipment already assembled at
the time of importation.
The merchandise covered by the
investigation is currently classifiable under
subheading 8544.49.9000 of the Harmonized
Tariff Schedule of the United States
(HTSUS). Products subject to the scope may
also enter under HTSUS subheading
8544.42.9090. The HTSUS subheadings are
provided for convenience and customs
purposes. The written description of the
scope of the investigation is dispositive.
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Appendix II
List of Topics Discussed in the Preliminary
Decision Memorandum
I. Summary
II. Background
III. Scope Comments
IV. Scope of the Investigation
V. Injury Test
VI. Alignment
VII. Application of the CVD Law to Imports
from China
VIII. Diversification of China’s Economy
IX. Subsidies Valuation
X. Benchmarks and Interest Rates
XI. Use of Facts Otherwise Available and
Adverse Inferences
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[FR Doc. 2019–06856 Filed 4–5–19; 8:45 am]
DEPARTMENT OF COMMERCE
International Trade Administration
[A–580–891; A–412–826]
Carbon and Alloy Steel Wire Rod From
the Republic of Korea and the United
Kingdom: Notice of Final Results of
Antidumping Duty Changed
Circumstances Review
Enforcement and Compliance,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(Commerce) is revoking, in part, the
antidumping duty (AD) orders on
carbon and alloy steel wire rod (wire
rod) from the Republic of Korea (Korea)
and the United Kingdom as to grade
1078 and higher tire cord wire rod.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT:
Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement
and Compliance, International Trade
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue
NW, Washington, DC 20230; telephone
202–482–4682 or 202–482–4633.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On May 21, 2018, Commerce
published the AD orders on wire rod
from Korea and the United Kingdom.1
On September 17, 2018, six members of
the domestic industry, including the
petitioners from the underlying
investigations (Nucor Corporation,
Optimus Steel LLC (formerly, Gerdau
Ameristeel US Inc), Keystone
Consolidates Industries, Inc., and
Charter Steel) requested that Commerce
initiate a changed circumstances review
(CCR) to revoke, in part, the AD orders
on wire rod from Korea and the United
Kingdom as to grade 1078 and higher
tire cord wire rod effective May 21,
2018.2
1 See Carbon and Alloy Steel Wire Rod from Italy,
the Republic of Korea, Spain, the Republic of
Turkey, and the United Kingdom: Antidumping
Duty Orders and Amended Final Affirmative
Antidumping Duty Determinations for Spain and
the Republic of Turkey, 83 FR 23417 (May 21, 2018)
(Orders).
2 See letter from domestic industry re: ‘‘Carbon
and Alloy Steel Wire Rod from the Republic of
PO 00000
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On November 7, 2018, Commerce
initiated this CCR and published the
notice of preliminary results,
determining that the producers
accounting for substantially all of the
production of the domestic like product
to which the Orders pertain lacked
interest in the relief provided by the
Orders with respect to grade 1078 and
higher tire cord wire rod.3 On December
21, 2018, Commerce solicited interested
party comments on the appropriateness
of end-use certifications as a condition
of entry and solicited input from U.S.
Customs and Border Protection (CBP).4
The parties to these proceedings
submitted comments on January 29,
2019, and February 19, 2019.5
Subsequently, on March 20, 2019, we
placed CBP’s input on the records of
these proceedings.6 On March 25 and
27, 2019, the parties to these
proceedings submitted timely comments
regarding CBP’s input on end-use
certifications.7
Korea and the United Kingdom: Petitioners’ Request
for Changed Circumstances Review and Partial
Revocation Request,’’ dated September 17, 2018.
3 See Carbon and Alloy Steel Wire Rod from the
Republic of Korea and the United Kingdom:
Initiation and Expedited Preliminary Results of
Antidumping Duty Changed Circumstances Review,
83 FR 55694 (November 7, 2018) (Initiation and
Preliminary Results).
4 See Commerce Letter, ‘‘Re: Antidumping Duty
Changed Circumstances Reviews of Carbon and
Alloy Steel Wire Rod from the Republic of Korea
(Korea) and the United Kingdom,’’ dated December
21, 2018 (December 21, 2018, Solicitation of
Comments Letter).
5 See letter from Bekaert Corporation, Kiswire
America Inc., Kiswire Inc., Kiswire Pine Bluff, and
Tokusen U.S.A., Inc. re: ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Korea and the
United Kingdom, Changed Circumstances Reviews:
Response to Request for Comments,’’ dated January
29, 2019; and letter from Nucor Corporation,
Optimus Steel LLC, Keystone Consolidates
Industries, Inc., and Charter Steel re: ‘‘Carbon and
Alloy Steel Wire Rod from the Republic of Korea
and the United Kingdom: Comments on End-Use
Certifications,’’ dated February 19, 2019.
6 See Memorandum to the file from Wendy J.
Frankel, Director, Customs Liaison Unit, entitled,
‘‘Changed Circumstances Reviews of Carbon and
Alloy Steel Wire Rod from the Republic of Korea
and the United Kingdom: Discussion with U.S.
Customs and Border Protection,’’ dated March 20,
2019.
7 See letter from Bekaert Corporation, Kiswire
America Inc., Kiswire Inc., Kiswire Pine Bluff, and
Tokusen U.S.A., Inc. re: ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Korea and the
United Kingdom, Changed Circumstances Reviews:
Response to Request for Comments,’’ dated March
25, 2019 (Interested Party Importer letter); letter
from Nucor Corporation re: ‘‘Carbon and Alloy Steel
Wire Rod from the Republic of Korea and the
United Kingdom: Comments CBP’s
Recommendations Concerning End-Use
Certifications,’’ dated March 27, 2019 (Nucor
Letter); and letter from Optimus Steel LLC,
Keystone Consolidates Industries, Inc., and Charter
Steel re: ‘‘Carbon and Alloy Steel Wire Rod from the
Republic of Korea and the United Kingdom:
Comments on Input from CBP Regarding End-Use
Certifications,’’ dated March 27, 2019 (Domestic
Interested Party Letter).
E:\FR\FM\08APN1.SGM
08APN1
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices
Commerce exercised its discretion to
toll all deadlines affected by the partial
federal government closure from
December 22, 2018, through the
resumption of operations on January 29,
2019. If the new deadline falls on a nonbusiness day, in accordance with
Commerce’s practice, the deadline will
become the next business day.
Accordingly, the revised deadline for
the final results of this changed
circumstances review is now September
9, 2019.
jbell on DSK30RV082PROD with NOTICES
Final Results of Changed
Circumstances Review
For the reasons stated in the Initiation
and Preliminary Results, and because
we received no comments from
interested parties to the contrary,
Commerce continues to determine that
producers accounting for substantially
all of the production of the domestic
like product have no further interest in
the Orders with respect to grade 1078
and higher tire cord wire rod. As a
result of this determination and
pursuant to section 751(d)(1) of the
Tariff Act of 1930, as amended (the Act)
and 19 CFR 351.222(g), we are revoking,
in part, the Orders as they relate to
imports of grade 1078 and higher tire
cord wire rod.
Regarding the requirement of end-use
certifications as a condition of entry for
the exclusion of tire cord wire rod of
grade 1078 and higher from the AD
order, we solicited comments from
interested parties and input from CBP
on the administrability of such
certifications for consideration for the
final results of these proceedings.8 In
their comments, the parties, who
account for all of the interested parties
to these proceedings, agree that end-use
certifications for tire cord wire rod need
not be filed as ‘‘a condition’’ of entry but
must be required at the time of filing the
Entry Summary for tire cord wire rod to
be exempt from AD duties.9
Consequently, we are changing the
scope of the orders on wire rod from
Korea and the United Kingdom by
adding exclusion language related to
grade 1078 and higher tire cord quality
wire rod and requiring that a
certification of end-use be filed with
CBP at the time of the filing of the Entry
Summary with CBP as provided in the
Attachment to this notice. Further,
importers of record of tire cord wire rod
are required to maintain a copy of the
end-use certifications that were filed
8 See December 21, 2018, Solicitation of
Comments Letter.
9 See Interested Party Importer letter; Nucor
Letter; and Domestic Interested Party Letter.
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17:45 Apr 05, 2019
Jkt 247001
with the entry summaries to provide at
the request of CBP or Commerce.
Amended Scope of the Orders
The products covered by these orders
are certain hot-rolled products of carbon
steel and alloy steel, in coils, of
approximately round cross section, less
than 19.00 mm in actual solid crosssectional 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; or (e) concrete reinforcing
bars and rods. Also excluded are free
cutting steel (also known as free
machining steel) products (i.e., products
that contain by weight one or more of
the following elements: 0.1 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 phosphorous,
more than 0.05 percent of selenium, or
more than 0.01 percent of tellurium).
All products meeting the physical
description of subject merchandise that
are not specifically excluded are
included in this scope.
Excluded from the scope of the
antidumping duty orders from Korea
and the United Kingdom are grade 1078
and higher tire cord quality wire rod to
be used in the production of tire cord
wire. Grade 1078 and higher tire cord
quality wire rod refers to wire rod with
not less than 0.78 percent of carbon and
includes but is not limited to other high
carbon grades of wire rod such as Grade
1078, 1080, 1085, 1086, 1090, and 1092.
Grade 1078 and higher tire cord
quality rod is defined as: (i) Grade 1078
and higher tire cord quality wire rod
measuring 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 nondeformable 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; (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 0.405 mm or
less, 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, (5)
not more than 0.6 percent silicon; and
(6) not more than 0.55 percent in the
aggregate, of copper, nickel, and
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
13889
chromium. For purposes of the grade
1078 and higher tire cord 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.
The designation of the products as
‘‘tire cord quality’’ indicates the
acceptability of the product for use in
the production of tire cord applications
which require that the tire cord wire rod
be drawn into wire with a diameter of
0.405 mm or less. These quality
designations are presumed to indicate
that these products are being used in
tire cord applications, and such
merchandise intended for the tire cord
applications is not included in the
scope. Importers of tire cord quality
wire rod are required to file with CBP,
at the time of the Entry Summary filing
with CBP, a certification of end use that
certifies that the Grade 1078 and above
tire cord quality wire rod will be used
only in the production of tire cord wire.
In instances where the importer of
record is not the end-user, the importer
must provide written notice of the enduse requirement and an official of the
end user must also sign a copy of the
certification filed with CBP at the time
of Entry Summary. Importers of record
of tire cord wire rod are required to
maintain a copy of the end-use
certifications that were filed with the
entry summaries with the CBP and to
provide them at the request of CBP or
Commerce.
The products under these orders are
currently classifiable under subheadings
7213.91.3011, 7213.91.3015,
7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000,
7213.99.0030, 7227.20.0030,
7227.20.0080, 7227.90.6010,
7227.90.6020, 7227.90.6030, and
7227.90.6035 of the HTSUS. Products
entered under subheadings
7213.99.0090 and 7227.90.6090 of the
HTSUS also may be included in this
scope if they meet the physical
description of subject merchandise
above. Although the HTSUS
subheadings are provided for
convenience and customs purposes, the
written description of the scope of these
orders is dispositive.
E:\FR\FM\08APN1.SGM
08APN1
13890
Federal Register / Vol. 84, No. 67 / Monday, April 8, 2019 / Notices
• This tire cord wire rod will not be
drawn
into wire with a diameter greater
Because we determine that there are
changed circumstances that warrant the than 0.405 mm;
• I understand that (INSERT NAME
revocation of the Orders, in part, we
will instruct CBP to liquidate without
OF IMPORTING COMPANY} is
regard to antidumping duties, all
required to maintain a copy of this
unliquidated entries of merchandise
certification (including a copy signed by
covered by this partial revocation that
an end-user that is not the importer) and
were entered, or withdrawn from
sufficient documentation supporting
warehouse, on or after May 21, 2018, for this certification for the later of (1) a
which an end-use certification was filed period of five years from the date of
with CBP at the time of entry summary,
entry or (2) a period of three years after
and to refund all AD cash deposits on
the conclusion of any litigation in the
all such merchandise, with applicable
United States courts regarding such
interest.
entries;
We are issuing and publishing these
• I understand that (INSERT NAME
final results and revocation, in part, and
OF IMPORTING COMPANY} is
notice in accordance with sections
751(b) and 777(i) of the Act and 19 CFR required to provide this certification
and supporting records, upon entry, to
351.216, 19 CFR 351.221(c)(3), and 19
U.S. Customs and Border Protection
CFR 351.222.
(CBP);
Dated: April 3, 2019.
• I understand that the claims made
Gary Taverman,
herein, and the substantiating
Deputy Assistant Secretary for Antidumping
documentation, are subject to
and Countervailing Duty Operations,
performing the non-exclusive functions and
verification by CBP and/or the U.S.
duties of the Assistant Secretary for
Department of Commerce (Commerce);
Enforcement and Compliance.
• I understand that failure to
Attachment
maintain the required certification and/
or failure to substantiate the claims
End Use Certification
made herein will result in:
I hereby certify that:
Æ Suspension of liquidation of all
• My name is {INSERT COMPANY
unliquidated entries (and entries for
OFFICIAL’S NAME HERE} and I am an
which liquidation has not become final)
official of (INSERT NAME OF
for which these requirements were not
IMPORTING COMPANY;
• I have direct personal knowledge of met; and
the facts regarding the importation of
Æ the requirement that the importer
the (INSERT GRADE} tire cord wire rod post applicable antidumping duty (AD)
produced in {INSERT COUNTRY} that
cash deposits equal to the rates as
entered under entry number(s) (INSERT determined by Commerce;
ENTRY NUMBER(S)} and are covered
• I understand that agents of the
by this certification;
importer, such as brokers, are not
• I have personal knowledge of the
permitted to make this certification;
facts regarding the production of the
• This certification was completed at
imported products covered by this
the time of entry;
certification;
• I have personal knowledge of the
• I am aware that U.S. law (including,
facts regarding the end-use of the
but not limited to, 18 U.S.C. 1001)
imported products covered by this
imposes criminal sanctions on
certification because (initial one):
individuals who knowingly and
• llm my company is the end-user of willfully make material false statements
the imported product covered by this
to the U.S. government.
certification, Or
llm my company is not the end-user IMPORTER SIGNATURE llllll
NAME OF COMPANY OFFICIAL lll
of the imported products covered by
TITLE lllllllllllllll
this certification, but I have contacted
DATE lllllllllllllll
the end-user and advised them in
END-USER SIGNATURE (if other than
writing of the end-use requirements for
importer) llllllllllllll
the imported product and an official of
the end-user has signed a copy of this
NAME OF COMPANY OFFICIAL lll
certification;
TITLE lllllllllllllll
• This tire cord wire rod shall be used COMPANY NAME lllllllll
for tire cord applications, which require DATE lllllllllllllll
that the tire cord wire rod be drawn into
[FR Doc. 2019–06857 Filed 4–5–19; 8:45 am]
wire with a diameter of 0.405 mm or
BILLING CODE 3510–DS–P
less;
jbell on DSK30RV082PROD with NOTICES
Instructions to CBP
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG937
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its Skate
Advisory Panel to consider actions
affecting New England fisheries in the
exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Tuesday, April 23, 2019 at 9 a.m.
ADDRESSES: The meeting will be held at
the Fairfield Inn & Suites, 185
MacArthur Drive, New Bedford, MA
02740; telephone: (774) 634–2000.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
The Advisory Panel will review Plan
Development Team (PDT) analyses to
date, discuss the need for limited access
in the skate fishery and provide
guidance to the PDT for future analyses
regarding qualification criteria and draft
preliminary objectives/purpose and
need, if needed. The Panel will receive
an update on progress and potential
timelines for 2019 skate priorities. Other
business will be discussed as necessary.
Although non-emergency issues not
contained on this agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency.
SUMMARY:
Special Accommodations
This meeting is physically accessible
to people with disabilities. This meeting
will be recorded. Consistent with 16
E:\FR\FM\08APN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 67 (Monday, April 8, 2019)]
[Notices]
[Pages 13888-13890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06857]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-580-891; A-412-826]
Carbon and Alloy Steel Wire Rod From the Republic of Korea and
the United Kingdom: Notice of Final Results of Antidumping Duty Changed
Circumstances Review
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) is revoking, in part,
the antidumping duty (AD) orders on carbon and alloy steel wire rod
(wire rod) from the Republic of Korea (Korea) and the United Kingdom as
to grade 1078 and higher tire cord wire rod.
DATES: Applicable May 21, 2018.
FOR FURTHER INFORMATION CONTACT: Alice Maldonado or Jacob Garten, AD/
CVD Operations, Office II, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone 202-482-4682 or 202-482-
4633.
SUPPLEMENTARY INFORMATION:
Background
On May 21, 2018, Commerce published the AD orders on wire rod from
Korea and the United Kingdom.\1\ On September 17, 2018, six members of
the domestic industry, including the petitioners from the underlying
investigations (Nucor Corporation, Optimus Steel LLC (formerly, Gerdau
Ameristeel US Inc), Keystone Consolidates Industries, Inc., and Charter
Steel) requested that Commerce initiate a changed circumstances review
(CCR) to revoke, in part, the AD orders on wire rod from Korea and the
United Kingdom as to grade 1078 and higher tire cord wire rod effective
May 21, 2018.\2\
---------------------------------------------------------------------------
\1\ See Carbon and Alloy Steel Wire Rod from Italy, the Republic
of Korea, Spain, the Republic of Turkey, and the United Kingdom:
Antidumping Duty Orders and Amended Final Affirmative Antidumping
Duty Determinations for Spain and the Republic of Turkey, 83 FR
23417 (May 21, 2018) (Orders).
\2\ See letter from domestic industry re: ``Carbon and Alloy
Steel Wire Rod from the Republic of Korea and the United Kingdom:
Petitioners' Request for Changed Circumstances Review and Partial
Revocation Request,'' dated September 17, 2018.
---------------------------------------------------------------------------
On November 7, 2018, Commerce initiated this CCR and published the
notice of preliminary results, determining that the producers
accounting for substantially all of the production of the domestic like
product to which the Orders pertain lacked interest in the relief
provided by the Orders with respect to grade 1078 and higher tire cord
wire rod.\3\ On December 21, 2018, Commerce solicited interested party
comments on the appropriateness of end-use certifications as a
condition of entry and solicited input from U.S. Customs and Border
Protection (CBP).\4\ The parties to these proceedings submitted
comments on January 29, 2019, and February 19, 2019.\5\ Subsequently,
on March 20, 2019, we placed CBP's input on the records of these
proceedings.\6\ On March 25 and 27, 2019, the parties to these
proceedings submitted timely comments regarding CBP's input on end-use
certifications.\7\
---------------------------------------------------------------------------
\3\ See Carbon and Alloy Steel Wire Rod from the Republic of
Korea and the United Kingdom: Initiation and Expedited Preliminary
Results of Antidumping Duty Changed Circumstances Review, 83 FR
55694 (November 7, 2018) (Initiation and Preliminary Results).
\4\ See Commerce Letter, ``Re: Antidumping Duty Changed
Circumstances Reviews of Carbon and Alloy Steel Wire Rod from the
Republic of Korea (Korea) and the United Kingdom,'' dated December
21, 2018 (December 21, 2018, Solicitation of Comments Letter).
\5\ See letter from Bekaert Corporation, Kiswire America Inc.,
Kiswire Inc., Kiswire Pine Bluff, and Tokusen U.S.A., Inc. re:
``Carbon and Alloy Steel Wire Rod from the Republic of Korea and the
United Kingdom, Changed Circumstances Reviews: Response to Request
for Comments,'' dated January 29, 2019; and letter from Nucor
Corporation, Optimus Steel LLC, Keystone Consolidates Industries,
Inc., and Charter Steel re: ``Carbon and Alloy Steel Wire Rod from
the Republic of Korea and the United Kingdom: Comments on End-Use
Certifications,'' dated February 19, 2019.
\6\ See Memorandum to the file from Wendy J. Frankel, Director,
Customs Liaison Unit, entitled, ``Changed Circumstances Reviews of
Carbon and Alloy Steel Wire Rod from the Republic of Korea and the
United Kingdom: Discussion with U.S. Customs and Border
Protection,'' dated March 20, 2019.
\7\ See letter from Bekaert Corporation, Kiswire America Inc.,
Kiswire Inc., Kiswire Pine Bluff, and Tokusen U.S.A., Inc. re:
``Carbon and Alloy Steel Wire Rod from the Republic of Korea and the
United Kingdom, Changed Circumstances Reviews: Response to Request
for Comments,'' dated March 25, 2019 (Interested Party Importer
letter); letter from Nucor Corporation re: ``Carbon and Alloy Steel
Wire Rod from the Republic of Korea and the United Kingdom: Comments
CBP's Recommendations Concerning End-Use Certifications,'' dated
March 27, 2019 (Nucor Letter); and letter from Optimus Steel LLC,
Keystone Consolidates Industries, Inc., and Charter Steel re:
``Carbon and Alloy Steel Wire Rod from the Republic of Korea and the
United Kingdom: Comments on Input from CBP Regarding End-Use
Certifications,'' dated March 27, 2019 (Domestic Interested Party
Letter).
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[[Page 13889]]
Commerce exercised its discretion to toll all deadlines affected by
the partial federal government closure from December 22, 2018, through
the resumption of operations on January 29, 2019. If the new deadline
falls on a non-business day, in accordance with Commerce's practice,
the deadline will become the next business day. Accordingly, the
revised deadline for the final results of this changed circumstances
review is now September 9, 2019.
Final Results of Changed Circumstances Review
For the reasons stated in the Initiation and Preliminary Results,
and because we received no comments from interested parties to the
contrary, Commerce continues to determine that producers accounting for
substantially all of the production of the domestic like product have
no further interest in the Orders with respect to grade 1078 and higher
tire cord wire rod. As a result of this determination and pursuant to
section 751(d)(1) of the Tariff Act of 1930, as amended (the Act) and
19 CFR 351.222(g), we are revoking, in part, the Orders as they relate
to imports of grade 1078 and higher tire cord wire rod.
Regarding the requirement of end-use certifications as a condition
of entry for the exclusion of tire cord wire rod of grade 1078 and
higher from the AD order, we solicited comments from interested parties
and input from CBP on the administrability of such certifications for
consideration for the final results of these proceedings.\8\ In their
comments, the parties, who account for all of the interested parties to
these proceedings, agree that end-use certifications for tire cord wire
rod need not be filed as ``a condition'' of entry but must be required
at the time of filing the Entry Summary for tire cord wire rod to be
exempt from AD duties.\9\
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\8\ See December 21, 2018, Solicitation of Comments Letter.
\9\ See Interested Party Importer letter; Nucor Letter; and
Domestic Interested Party Letter.
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Consequently, we are changing the scope of the orders on wire rod
from Korea and the United Kingdom by adding exclusion language related
to grade 1078 and higher tire cord quality wire rod and requiring that
a certification of end-use be filed with CBP at the time of the filing
of the Entry Summary with CBP as provided in the Attachment to this
notice. Further, importers of record of tire cord wire rod are required
to maintain a copy of the end-use certifications that were filed with
the entry summaries to provide at the request of CBP or Commerce.
Amended Scope of the Orders
The products covered by these orders are certain hot-rolled
products of carbon steel and alloy steel, in coils, of approximately
round cross section, less than 19.00 mm in actual 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;
or (e) concrete reinforcing bars and rods. Also excluded are free
cutting steel (also known as free machining steel) products (i.e.,
products that contain by weight one or more of the following elements:
0.1 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 phosphorous, more
than 0.05 percent of selenium, or more than 0.01 percent of tellurium).
All products meeting the physical description of subject merchandise
that are not specifically excluded are included in this scope.
Excluded from the scope of the antidumping duty orders from Korea
and the United Kingdom are grade 1078 and higher tire cord quality wire
rod to be used in the production of tire cord wire. Grade 1078 and
higher tire cord quality wire rod refers to wire rod with not less than
0.78 percent of carbon and includes but is not limited to other high
carbon grades of wire rod such as Grade 1078, 1080, 1085, 1086, 1090,
and 1092.
Grade 1078 and higher tire cord quality rod is defined as: (i)
Grade 1078 and higher tire cord quality wire rod measuring 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 nondeformable 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; (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 0.405 mm or
less, 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, (5)
not more than 0.6 percent silicon; and (6) not more than 0.55 percent
in the aggregate, of copper, nickel, and chromium. For purposes of the
grade 1078 and higher tire cord 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.
The designation of the products as ``tire cord quality'' indicates
the acceptability of the product for use in the production of tire cord
applications which require that the tire cord wire rod be drawn into
wire with a diameter of 0.405 mm or less. These quality designations
are presumed to indicate that these products are being used in tire
cord applications, and such merchandise intended for the tire cord
applications is not included in the scope. Importers of tire cord
quality wire rod are required to file with CBP, at the time of the
Entry Summary filing with CBP, a certification of end use that
certifies that the Grade 1078 and above tire cord quality wire rod will
be used only in the production of tire cord wire. In instances where
the importer of record is not the end-user, the importer must provide
written notice of the end-use requirement and an official of the end
user must also sign a copy of the certification filed with CBP at the
time of Entry Summary. Importers of record of tire cord wire rod are
required to maintain a copy of the end-use certifications that were
filed with the entry summaries with the CBP and to provide them at the
request of CBP or Commerce.
The products under these orders are currently classifiable under
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3020, 7213.91.3093;
7213.91.4500, 7213.91.6000, 7213.99.0030, 7227.20.0030, 7227.20.0080,
7227.90.6010, 7227.90.6020, 7227.90.6030, and 7227.90.6035 of the
HTSUS. Products entered under subheadings 7213.99.0090 and 7227.90.6090
of the HTSUS also may be included in this scope if they meet the
physical description of subject merchandise above. Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of these orders is dispositive.
[[Page 13890]]
Instructions to CBP
Because we determine that there are changed circumstances that
warrant the revocation of the Orders, in part, we will instruct CBP to
liquidate without regard to antidumping duties, all unliquidated
entries of merchandise covered by this partial revocation that were
entered, or withdrawn from warehouse, on or after May 21, 2018, for
which an end-use certification was filed with CBP at the time of entry
summary, and to refund all AD cash deposits on all such merchandise,
with applicable interest.
We are issuing and publishing these final results and revocation,
in part, and notice in accordance with sections 751(b) and 777(i) of
the Act and 19 CFR 351.216, 19 CFR 351.221(c)(3), and 19 CFR 351.222.
Dated: April 3, 2019.
Gary Taverman,
Deputy Assistant Secretary for Antidumping and Countervailing Duty
Operations, performing the non-exclusive functions and duties of the
Assistant Secretary for Enforcement and Compliance.
Attachment
End Use Certification
I hereby certify that:
My name is {INSERT COMPANY OFFICIAL'S NAME HERE{time} and
I am an official of (INSERT NAME OF IMPORTING COMPANY;
I have direct personal knowledge of the facts regarding
the importation of the (INSERT GRADE{time} tire cord wire rod produced
in {INSERT COUNTRY{time} that entered under entry number(s) (INSERT
ENTRY NUMBER(S){time} and are covered by this certification;
I have personal knowledge of the facts regarding the
production of the imported products covered by this certification;
I have personal knowledge of the facts regarding the end-
use of the imported products covered by this certification because
(initial one):
__ my company is the end-user of the imported product
covered by this certification, Or
__ my company is not the end-user of the imported products covered
by this certification, but I have contacted the end-user and advised
them in writing of the end-use requirements for the imported product
and an official of the end-user has signed a copy of this
certification;
This tire cord wire rod shall be used for tire cord
applications, which require that the tire cord wire rod be drawn into
wire with a diameter of 0.405 mm or less;
This tire cord wire rod will not be drawn into wire with a
diameter greater than 0.405 mm;
I understand that (INSERT NAME OF IMPORTING COMPANY{time}
is required to maintain a copy of this certification (including a copy
signed by an end-user that is not the importer) and sufficient
documentation supporting this certification for the later of (1) a
period of five years from the date of entry or (2) a period of three
years after the conclusion of any litigation in the United States
courts regarding such entries;
I understand that (INSERT NAME OF IMPORTING COMPANY{time}
is required to provide this certification and supporting records, upon
entry, to U.S. Customs and Border Protection (CBP);
I understand that the claims made herein, and the
substantiating documentation, are subject to verification by CBP and/or
the U.S. Department of Commerce (Commerce);
I understand that failure to maintain the required
certification and/or failure to substantiate the claims made herein
will result in:
[cir] Suspension of liquidation of all unliquidated entries (and
entries for which liquidation has not become final) for which these
requirements were not met; and
[cir] the requirement that the importer post applicable antidumping
duty (AD) cash deposits equal to the rates as determined by Commerce;
I understand that agents of the importer, such as brokers,
are not permitted to make this certification;
This certification was completed at the time of entry;
I am aware that U.S. law (including, but not limited to,
18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly
and willfully make material false statements to the U.S. government.
IMPORTER SIGNATURE-----------------------------------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
DATE-------------------------------------------------------------------
END-USER SIGNATURE (if other than importer)----------------------------
NAME OF COMPANY OFFICIAL-----------------------------------------------
TITLE------------------------------------------------------------------
COMPANY NAME-----------------------------------------------------------
DATE-------------------------------------------------------------------
[FR Doc. 2019-06857 Filed 4-5-19; 8:45 am]
BILLING CODE 3510-DS-P
