[Federal Register Volume 67, Number 209 (Tuesday, October 29, 2002)]
[Notices]
[Pages 65945-65947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-27513]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-351-832, A-560-815, A-201-830, A-841-805, A-274-804, A823-812]


Notice of Antidumping Duty Orders: Carbon and Certain Alloy Steel 
Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and Tobago, 
and Ukraine

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

EFFECTIVE DATE: October 29, 2002.

FOR FURTHER INFORMATION CONTACT: Victoria Schepker (Brazil) at (202) 
482-1756, Michael Ferrier (Indonesia) at (202) 482-1394, Marin Weaver 
(Mexico) at (202) 482-2336, Thomas Gilgunn (Moldova) at (202) 482-4236, 
Tisha Loeper-Viti (Trinidad and Tobago) at (202) 482-7425, James Doyle 
(Ukraine) at (202) 482-0159; Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

[[Page 65946]]

The Applicable Statute and Regulations

    Unless otherwise indicated, all citations are to the provisions of 
the Tariff Act of 1930, as amended (the Act). In addition, unless 
otherwise indicated, all citations to the Department's regulations are 
to the regulations at 19 CFR part 351 (2001).

Background

    On August 26, 2002, the Department issued its final determinations 
in the antidumping duty investigations of carbon and certain alloy 
steel wire rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and 
Tobago, and Ukraine. See Notice of Final Determination of Sales at Less 
than Fair Value: Carbon and Certain Alloy Steel Wire Rod From Brazil, 
67 FR 55792 (August 30, 2002); Notice of Final Determination of Sales 
at Less than Fair Value: Carbon and Certain Alloy Steel Wire Rod From 
Indonesia, 67 FR 55798 (August 30, 2002); Notice of Final Determination 
of Sales at Less than Fair Value: Carbon and Certain Alloy Steel Wire 
Rod From Mexico, 67 FR 55800 (August 30, 2002); Notice of Final 
Determination of Sales at Less than Fair Value: Carbon and Certain 
Alloy Steel Wire Rod From Moldova, 67 FR 55790 (August 30, 2002); 
Notice of Final Determination of Sales at Less than Fair Value: Carbon 
and Certain Alloy Steel Wire Rod From Trinidad and Tobago, 67 FR 55788 
(August 30, 2002); and Notice of Final Determination of Sales at Less 
than Fair Value: Carbon and Certain Alloy Steel Wire Rod From Ukraine, 
67 FR 55785 (August 30, 2002).
    On October 15, 2002, the International Trade Commission (the ITC) 
notified the Department of its final determination pursuant to section 
735(b)(1)(A)(i) of the Act that an industry in the United States is 
materially injured by reason of less-than-fair-value imports of subject 
merchandise from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad 
and Tobago, and Ukraine. The antidumping duty order and amended final 
determination for carbon and certain alloy steel wire rod from Canada 
is published in a separate Federal Register notice. In addition, the 
ITC notified the Department of its final determination that critical 
circumstances do not exist with respect to imports of subject 
merchandise from Moldova and Ukraine.

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. 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 inclusions greater than 20 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 inclusions greater than 20 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).
    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 under investigation are currently classifiable under 
subheadings 7213.91.3010, 7213.91.3090, 7213.91.4510, 7213.91.4590, 
7213.91.6010, 7213.91.6090, 7213.99.0031, 7213.99.0038, 7213.99.0090, 
7227.20.0010, 7227.20.0020, 7227.20.0090, 7227.20.0095, 7227.90.6051, 
7227.90.6053, 7227.90.6058, and 7227.90.6059 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.

Antidumping Duty Orders

    In accordance with section 736(a)(1) of the Act, the Department 
will direct the Customs Service to assess, upon further advice by the 
Department, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price or constructed export 
price of the merchandise for all relevant entries of carbon and certain 
alloy steel wire rod from Brazil, Indonesia, Mexico, Moldova, Trinidad 
and Tobago, and Ukraine. These antidumping duties will

[[Page 65947]]

be assessed on all (1) unliquidated entries of carbon and certain alloy 
steel wire rod from Mexico, Moldova, Trinidad and Tobago, and Ukraine 
entered, or withdrawn from warehouse, for consumption on or after April 
10, 2002, and before October 7, 2002, and from Brazil on or after April 
15, 2002, and before October 12, 2002; and (2) merchandise entered, or 
withdrawn from warehouse, for consumption on or after the date of 
publication of these antidumping duty orders in the Federal Register. 
The Department terminated the suspension of liquidation, pursuant to 
section 733(d)(3) of the Act on October 7, 2002, for Mexico, Moldova, 
Trinidad & Tobago, and Ukraine, and on October 12, 2002, for Brazil. 
Entries of carbon and certain alloy steel wire rod made between October 
12, 2002, for Brazil and between October 7, 2002, for Mexico, Moldova, 
Trinidad and Tobago, and Ukraine and the day preceding the date of 
publication of this notice in the Federal Register, are not liable for 
the assessment of antidumping duties. Regarding the negative critical 
circumstances determination, we will instruct the Customs service to 
lift suspension and to release any bond or other security, and refund 
any cash deposit made, to secure the payment of antidumping duties with 
respect to entries of the merchandise entered, or withdrawn from 
warehouse, for consumption on or after January 10, 2002, but before 
April 10, 2002. January 10, 2002, is 90 days prior to April 10, 2002, 
the date of publication of the preliminary determinations in the 
Federal Register. The Department suspended liquidation of entries of 
carbon and certain alloy steel wire rod from Indonesia on August 30, 
2002, the Federal Register publication date of the final affirmative 
antidumping duty determination.
    On or after the date of publication of this notice in the Federal 
Register, Customs must require, at the same time as importers would 
normally deposit estimated duties on this merchandise, a cash deposit 
equal to the estimated weighted-average antidumping duty margins as 
noted below. In the case of Brazil, we will adjust the deposit 
requirements to account for any export subsidies found in the amended 
final determination in the companion countervailing duty investigation. 
The ``all others,'' ``Moldova-wide,'' and ``Ukraine-wide'' rates apply 
to all exporters of subject merchandise not specifically listed. The 
weighted-average dumping margins are as follows:

------------------------------------------------------------------------
                                                        Weighted-Average
                Exporter/Manufacturer                        Margin
------------------------------------------------------------------------
Brazil...............................................
Companhia Sider[uacute]rgica Belgo Mineira and Belgo-             94.73%
 Mineira Particip[atilde]o Ind[uacute]stria e
 Com[eacute]rcio S.A. (BMP)..........................
All Others...........................................             74.35%
Indonesia............................................
P.T. Ispat Indo......................................              4.06%
All Others...........................................              4.06%
Mexico...............................................
Siderurgica Lazaro Cardenas Las Truchas, S.A. de C.V.             20.11%
 (SICARTSA)..........................................
All Others...........................................             20.11%
Moldova..............................................
Moldova-wide rate....................................            369.10%
Trinidad and Tobago..................................
Caribbean Ispat Ltd..................................             11.40%
All Others...........................................             11.40%
Ukraine..............................................
Krivorozhstal State Mine-Metallurgical Works.........            116.37%
Ukraine-wide rate....................................            116.37%
------------------------------------------------------------------------

    This notice constitutes the antidumping duty orders with respect to 
carbon and certain alloy steel wire rod from Brazil, Indonesia, Mexico, 
Moldova, Trinidad and Tobago, and Ukraine pursuant to section 736(a) of 
the Act. Interested parties may contact the Department's Central 
Records Unit, Room B-099 of the Main Commerce Building, for copies of 
an updated list of antidumping duty orders currently in effect.
    These orders are issued and published in accordance with section 
736(a) of Act and 19 CFR 351.211.

    Dated: October 21, 2002.
Faryar Shirzad,
Assistant Secretary for Import Administration.
[FR Doc. 02-27513 Filed 10-28-02; 8:45 am]
BILLING CODE 3510-DS-S