[Federal Register Volume 67, Number 199 (Tuesday, October 15, 2002)]
[Notices]
[Pages 63619-63620]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26178]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-475-821]


Stainless Steel Wire Rod From Italy: Notice of Final Results of 
Countervailing Duty Administrative Review

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

ACTION: Stainless Steel Wire Rod from Italy: notice of final results of 
countervailing duty administrative review.

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SUMMARY: On June 7, 2002, the Department of Commerce (the Department) 
published in the Federal Register its preliminary results of 
administrative review of the countervailing duty order on stainless 
steel wire rod from Italy for the period January 1, 2000, through 
December 31, 2000.
    Upon review of the comments received, the Final Results remain 
unchanged from the Preliminary Results. For information on the subsidy 
rate for the reviewed company, see the ``Final Results of Review'' 
section of this notice.

EFFECTIVE DATE: October 15, 2002.

FOR FURTHER INFORMATION CONTACT: Carrie Farley at (202) 482-0395 or 
Eric B. Greynolds at (202) 482-6071, Office of AD/CVD Enforcement VI, 
Group II, Import Administration, International Trade Administration, 
U.S. Department of Commerce, Room 4012, 14th Street and Constitution 
Avenue, NW., Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations to the statute are 
references to the provisions effective January 1, 1995, the effective 
date of the amendments made to the Tariff Act of 1930 (the Act) by the 
Uruguay Round Agreements Act (URAA). In addition, unless otherwise 
indicated, all citations to the Department's regulations are to the 
regulations codified at 19 CFR part 351 (2001).

Background

    On June 7, 2002, the Department published the preliminary results 
of the administrative review of the countervailing duty order on 
stainless steel wire rod from Italy. See Stainless Steel Wire Rod from 
Italy, 67 FR 39357 (June 7, 2002) (Preliminary Results). This review 
covers one manufacturer/exporter, Acciaierie Valbruna S.p.A. This 
review covers the period January 1, 2000, through December 31, 2000 and 
17 programs.

Scope of Review

    For purposes of this administrative review, certain stainless steel 
wire rod (SSWR or subject merchandise) comprises products that are hot-
rolled or hot-rolled annealed and/or pickled and/or descaled rounds, 
squares, octagons, hexagons or other shapes, in coils, that may also be 
coated with a lubricant containing copper, lime or oxalate. SSWR is 
made of alloy steels containing, by weight, 1.2 percent or less of 
carbon and 10.5 percent or more of chromium, with or without other 
elements. These products are manufactured only by hot-rolling or hot-
rolling, annealing, and/or pickling and/or descaling, and are normally 
sold in coiled form, and are of solid cross-section. The majority of 
SSWR sold in the United States is round in cross-sectional shape, 
annealed and pickled, and later cold-finished into stainless steel wire 
or small-diameter bar. The most common size for such products is 5.5 
millimeters or 0.217 inches in diameter, which represents the smallest 
size that normally is produced on a rolling mill and is the size that 
most wire drawing machines are set up to draw. The range of SSWR sizes 
normally sold in the United States is between 0.20 inches and 1.312 
inches in diameter. Two stainless steel grades SF20T and K-M35FL are 
excluded from the scope of the investigation. The percentages of 
chemical makeup for the excluded grades are as follows:

SF20T:
  Carbon............................  0.05 max
  Manganese.........................  2.00 max
  Phosphorous.......................  0.05 max
  Sulfur............................  0.15 max
  Silicon...........................  1.00 max
  Chromium..........................  19.00/21.00
  Molybdenum........................  1.50/2.50
  Lead..............................  added (0.10/0.30)
  Tellurium.........................  added (0.03 min)
K-M35FL:
  Carbon............................  0.015 max
  Manganese.........................  0.40 max
  Phosphorous.......................  0.04 max
  Sulfur............................  0.03 max
  Silicon...........................  0.70/1.00
  Chromium..........................  12.50/14.00
  Nickel............................  0.30 max
  Lead..............................  added (0.10/0.30)
  Aluminum..........................  0.20/0.35
 

    The products covered by this administrative review are currently 
classifiable under subheadings 7221.00.0005, 7221.00.0015, 
7221.00.0030, 7221.00.0045, and 7221.00.0075 of the Harmonized Tariff 
Schedule of the United States (HTSUS). Although the HTSUS subheadings 
are provided for convenience and Customs purposes, the written 
description of the scope of this review is dispositive.

Analysis of Comments Received

    All issues raised in the case briefs by parties to this 
administrative review are addressed in the Issues and Decision 
Memorandum (Decision Memorandum), dated October 7, 2002, which is 
hereby adopted by this notice. A list of issues which parties have 
raised and to which we have responded, all of which are in the Decision 
Memorandum, is attached to this notice as Appendix I. Parties can find 
a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in room B-099 of the Main Commerce Building. In addition, a 
complete version of the Decision Memorandum can be accessed directly on 
the World Wide Web at http://ia.ita.doc.gov, under the heading 
``Federal Register Notices.'' The paper copy and electronic version of 
the Decision Memorandum are identical in content.

[[Page 63620]]

Final Results of Review

    In accordance with 19 CFR 351.221(b)(5), we calculated an 
individual subsidy rate for each producer/exporter subject to this 
administrative review. We determine the total estimated net 
countervailable subsidy rate to be:

------------------------------------------------------------------------
             Producer/exporter                    Net subsidy rate
------------------------------------------------------------------------
Acciaierie Valbruna S.p.A.................  0.27 percent ad valorem
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    As provided for in the Statement of Administrative Action (SAA) 
accompanying the Uruguay Round Agreements Act, H.R. Doc. 103-316, vol. 
1 (1994) at 939 and 19 CFR 351.106(c)(1), any rate less than 0.5 
percent ad valorem in an administrative review is de minimis. Normally, 
we would instruct the U.S. Customs Service (Customs) to liquidate 
without regard to countervailing duties, shipments of the subject 
merchandise that are covered by this review. However, because 
liquidation of entries of subject merchandise manufactured or exported 
by Acciaierie Valbruna S.r.l and/or Acciaierie Bolzano S.r.l. is barred 
by the terms of an injunction, we will not issue liquidation 
instructions at this time. However, we will instruct Customs to set the 
cash deposit rate at zero for Acciaierie Valbruna S.p.A.\1\ See SAA at 
939.
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    \1\ We note that Acciaierie Valbruna S.r.l and Acciaierie 
Bolzano S.r.l. merged, effective January 1, 2000, and that the name 
of the merged companies was changed to Acciaierie Valbruna S.p.A. 
Thus, for liquidation purposes, we will refer to the companies 
Acciaierie Valbruna S.r.l and Acciaierie Bolzano S.r.l. Because it 
is possible that subject merchandise also entered the United States 
during the POR under the new name of the merged companies, we will 
also use the name Acciaierie Valbruna S.p.A. for liquidation 
purposes. For cash deposit purposes, we refer to Acciaierie Valbruna 
S.p.A.
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    Because the URAA replaced the general rule in favor of a country-
wide rate with a general rule in favor of individual rates for 
investigated and reviewed companies, the procedures for establishing 
countervailing duty rates, including those for non-reviewed companies, 
are now essentially the same as those in antidumping cases, except as 
provided for in section 777A(e)(2)(B) of the Act. The requested review 
will normally cover only those companies specifically named. See 19 CFR 
351.213(b). Pursuant to 19 CFR 351.212(c), for all companies for which 
a review was not requested, duties must be assessed at the cash deposit 
rate, and cash deposits must continue to be collected, at the rate 
previously ordered. As such, the countervailing duty cash deposit rate 
applicable to a company can no longer change, except pursuant to a 
request for a review of that company. See Federal-Mogul Corporation and 
The Torrington Company v. United States, 822 F. Supp. 782 (CIT 1993) 
and Floral Trade Council v. United States, 822 F. Supp. 766 (CIT 1993) 
(interpreting 19 CFR 353.22(e), the antidumping regulation on automatic 
assessment, which is identical to 19 CFR 355.22(g), the predecessor to 
19 CFR 351.222(c)). Therefore, the cash deposit rates for all companies 
except those covered by this review will be unchanged by the results of 
this review.
    We will instruct Customs to continue to collect cash deposits for 
non-reviewed companies at the most recent company-specific or country-
wide rate applicable to the company. Accordingly, the cash deposit 
rates that will be applied to non-reviewed companies covered by this 
order are those established in the most recently completed 
administrative proceeding conducted under the URAA. See Final 
Affirmative Countervailing Duty Determination: Certain Stainless Steel 
Wire Rod from Italy, 63 FR 40474 at 40503. These rates shall apply to 
all non-reviewed companies until a review of a company assigned these 
rates is requested. In addition, for the period January 1, 2000 through 
December 31, 2000, the assessment rates applicable to all non-reviewed 
companies covered by this order are the cash deposit rates in effect at 
the time of entry.

Assessment Rates

    We will not liquidate entries covered by this review until the 
injunction covering this order is lifted.
    This notice serves as a reminder to parties subject to 
administrative protective order (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305. Timely written notification of 
return/destruction of APO materials or conversion to judicial 
protective order is hereby requested. Failure to comply with the 
regulations and the terms of an APO is a sanctionable violation.
    This administrative review and notice are in accordance with 
sections 751(a)(1)and 777(i)(1) of the Act.

    Dated: October 7, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.

Appendix I--Issues Discussed in the Decision Memorandum

Methodology and Background Information

I. Background Information
    A. Corporate History
    B. Changes in Ownership
II. Subsidies Valuation Information
    A. Allocation Period
    B. Benchmark for Loans and Discount Rates
III. Programs Determined to Be Countervailable
    A. Government of Italy Law 451/94 Early Retirement Benefits
    B. Province of Bolzano Law 25/81, Articles 13 through 15
    C. European Social Fund
    D. Lease of Bolzano Industrial Site to Valbruna
    E. Environmental and Research and Development Assistance to 
Bolzano Under Law 25/81
IV. Programs Determined To Be Not Used
    A. Capacity Reduction Payments under Articles 3 and 4 of Law 
193/1984
    B. Law 796/76 Exchange Rate Guarantees
    C. Article 33 of Law 227/77, Export Credit Financing Under Law 
227/77, and Decree Law 143/98
    D. Grants under Laws 46/82 and 706/85
    E. Law 181/89 and Law 120/89
    F. Law 488/922, Legislative Decree 96/93 and Circolare 38522
    G. Law 341/95 and Circolare 50175/95
    H. Law 675/77
    1. Interest Grants on Bank Loans
    2. Mortgage Loans
    3. Interest Contribution on IRI Loans
    4. Personnel Retraining Aid
    I. Law 394/81 Export Marketing Loans
    J. Law 481/94 (and Precursors) Grants for Reduced Production
    K. Law 489/94
    L. Law 10/91
V. Total Ad Valorem Rate
VI. Analysis of Comments
Comment 1: Selection of Discount Rate
Comment 2: Government of Italy Law 451/94 Early Retirement Benefits
Comment 3: Attribution of Law 25/81 Grants to Valbruna
Comment 4: Bolzano Industrial Site Lease and Extraordinary 
Maintenance
Comment 5: Final Results Should Identify The Producer/Exporter as 
Acciaierie Valbruna S.p.A.

[FR Doc. 02-26178 Filed 10-11-02; 8:45 am]
BILLING CODE 3510-DS-P