[Federal Register Volume 69, Number 26 (Monday, February 9, 2004)]
[Notices]
[Pages 5964-5966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-2721]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-833]


Carbon and Certain Alloy Steel Wire Rod from Brazil: Notice of 
Rescission of Countervailing Duty Administrative Review

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

ACTION:  Notice of Rescission of Countervailing Duty Administrative 
Review.

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SUMMARY:  In response to a request made on October 31, 2003, by 
Companhia Siderurgica Belgo Mineira, Belgo Mineira Participacoes 
Industria e Comercio S.A., and BMP Siderurgica S.A., Brazilian 
producers/exporters of carbon and certain alloy steel wire rod, the 
Department of Commerce initiated an administrative review of the 
countervailing duty order on carbon and certain alloy steel wire rod 
from Brazil, covering the period August 30, 2002

[[Page 5965]]

through December 31, 2002. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 68 FR 66799 (November 28, 
2003). As a result of a timely withdrawal of the request for review by 
Companhia Siderurgica Belgo Mineira, Belgo Mineira Participacoes 
Industria e Comercio S.A., and BMP Siderurgica S.A., we are rescinding 
this review.

EFFECTIVE DATE:  February 9, 2004.

FOR FURTHER INFORMATION CONTACT: Melani Miller, AD/CVD Enforcement, 
Group I, Office 1, Import Administration, U.S. Department of Commerce, 
14th Street and Constitution Avenue, NW, Washington, DC 20230; 
telephone (202) 482-0116.

SUPPLEMENTARY INFORMATION:

Background

    On October 22, 2002, the Department of Commerce (``the 
Department'') published a countervailing duty order on carbon and 
certain alloy steel wire rod (``subject merchandise'' or ``wire rod'') 
from Brazil. See Notice of Countervailing Duty Orders: Carbon and 
Certain Alloy Steel Wire Rod from Brazil and Canada, 67 FR 64871 
(October 22, 2002). On October 31, 2003, Companhia Siderurgica Belgo 
Mineira, Belgo Mineira Participacoes Industria e Comercio S.A., and BMP 
Siderurgica S.A. (collectively, ``Belgo Mineira''), Brazilian 
producers/exporters of wire rod, requested an administrative review of 
the countervailing duty order on wire rod from Brazil covering the 
period August 30, 2002 through December 31, 2002. In accordance with 19 
CFR 351.221(c)(1)(i), we published a notice of initiation of the review 
on November 28, 2003. See Initiation of Antidumping and Countervailing 
Duty Administrative Reviews, 68 FR 66799 (November 28, 2003). On 
January 29, 2004, Belgo Mineira withdrew its request for review.

Scope of Review

    Imports covered by this review are 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 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 review 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 is dispositive.

[[Page 5966]]

Rescission of Review

    The Department's regulations at 19 CFR 351.213(d)(1) provide that 
the Department will rescind an administrative review if a party that 
requested a review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. Belgo 
Mineira withdrew its request for an administrative review on January 
29, 2004, which is within the 90-day deadline. No other party requested 
a review of Belgo Mineira's sales. Therefore, the Department is 
rescinding this administrative review.
    This notice also 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(a)(3). Timely written 
notification of the return or 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 notice is issued and published in accordance with 19 CFR 
351.213(d)(4).

    Dated: February 3, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-2721 Filed 2-6-04; 8:45 am]
BILLING CODE 3510-DS-S