Federal Register, Volume 73 Issue 147 (Wednesday, July 30, 2008)

[Federal Register Volume 73, Number 147 (Wednesday, July 30, 2008)]
[Notices]
[Pages 44223-44224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17481]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-122-840


Revocation of Antidumping Duty Order on Carbon and Certain Alloy 
Steel Wire Rod from Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 4, 2007, the Department of Commerce (``the 
Department'') initiated the sunset review of the antidumping duty 
(``AD'') order on carbon and certain alloy steel wire rod (``wire 
rod'') from Canada. See Initiation of Five-year (``Sunset'') Reviews, 
72 FR 50659 (September 4, 2007). Pursuant to section 751(c) of the 
Tariff Act of 1930, as amended (``the Act''), the U.S. International 
Trade Commission (``ITC'') determined that revocation of the existing 
AD order on wire rod from Canada would not be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time. See ITC Final 
Determination: Carbon and Certain Alloy Steel Wire Rod from Brazil, 
Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 
73 FR 41116 (July 17, 2008) (``ITC Wire Rod Final Determination''). 
Therefore, pursuant to section 751(d)(2) of the Act and 19 CFR 
351.222(i)(1)(iii), the Department is revoking the AD order on wire rod 
from Canada.

EFFECTIVE DATE: October 29, 2007.

FOR FURTHER INFORMATION CONTACT: Shelly Atkinson or Brandon Farlander, 
AD/CVD Operations, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue NW, Washington, DC 20230; telephone: (202) 482-0116 
and (202) 482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 29, 2002, the Department published the amended AD final 
determination and AD order on wire rod from Canada. See Notice of 
Amended Final Determination of Sales at Less Than Fair Value and 
Antidumping Duty Order: Carbon and Certain Alloy Steel Wire Rod from 
Canada, 67 FR 65944 (October 29, 2002). On September 4, 2007, the 
Department initiated, and the ITC instituted, the sunset review of the 
AD order on wire rod from Canada. See Initiation of Five-year Sunset 
Reviews, 72 FR at 50659.
    As a result of the Department's sunset review, the Department 
determined that revocation of the AD order would be likely to lead to 
the continuation or recurrence of dumping. See Carbon and Certain Alloy 
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine: Final Results of the Expedited Sunset 
Reviews of the Antidumping Duty Orders, 73 FR 1321 (January 8, 2008) 
and accompanying Issues and Decision Memorandum. The Department 
notified the ITC of the magnitude of the margin likely to prevail were 
the AD order to be revoked.
    On July 17, 2008, the ITC published its determination, pursuant to 
section 751(c) of the Act, that revocation of the AD order on wire rod 
from Canada would not be likely to lead to continuation or recurrence 
of material injury to an industry in the United States within a 
reasonably foreseeable time. See ITC Wire Rod Final Determination, at 
73 FR at 41116; and Carbon and Certain Alloy Steel Wire Rod from 
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and 
Ukraine, USITC Pub. 4014, Investigation Nos. 701-TA-417 and 731-TA-953, 
954, 957-959, 961, and 962 (Review) (June 2008).

Scope of the Orders

    The merchandise subject to these orders 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)

[[Page 44224]]

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 intended for the tire cord, tire 
bead, or other rubber reinforcement applications is not included in the 
scope. However, should petitioners or other interested parties provide 
a reasonable basis to believe or suspect that there exists a pattern of 
importation of such products for other than those applications; end-use 
certification for the importation of such products may be required. 
Under such circumstances, only the importers of record would normally 
be required to certify the end use of the imported merchandise. All 
products meeting the physical description of subject merchandise that 
are not specifically excluded are included in this scope.
    The products subject to this order 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, 7213.99.0090, 7227.20.0030, 
7227.20.0080, 7227.90.6010, 7227.90.6020, and 7227.90.6085 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.\1\
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    \1\ Effective July 1, 2008, U.S. Customs and Border Protection 
(``CBP'') reclassified certain HTSUS numbers related to the subject 
merchandise. See http: //hotdocs.usitc.gov/ tariff--chapters--
current/toc.html.
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Determination

    As a result of the determination by the ITC that revocation of the 
AD order is not likely to lead to the continuation or recurrence of 
material injury to an industry in the United States, the Department, 
pursuant to section 751(d) of the Act, is revoking the AD order on wire 
rod from Canada. Pursuant to section 751(d) of the Act and 19 CFR 
351.222(i)(2)(i), the effective date of revocation is October 29, 2007. 
The Department will notify CBP to terminate suspension of liquidation 
and collection of cash deposits on entries of the subject merchandise 
entered or withdrawn from warehouse on or after October 29, 2007. 
Entries of subject merchandise prior to the effective date of 
revocation will continue to be subject to suspension of liquidation and 
antidumping duty deposit requirements. The Department will complete any 
pending administrative reviews of these orders and will conduct 
administrative reviews of subject merchandise entered prior to the 
effective date of revocation in response to appropriately filed 
requests for review.
    These five-year sunset reviews and notice are in accordance with 
section 751(d)(2) of the Act and published pursuant to section 
777(i)(1) of the Act.

    Dated: July 23, 2008.
David Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E8-17481 Filed 7-29-08; 8:45 am]
BILLING CODE 3510-DS-S