[Federal Register Volume 69, Number 30 (Friday, February 13, 2004)]
[Notices]
[Pages 7202-7203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3254]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-122-841]


Carbon and Certain Alloy Steel Wire Rod From Canada: 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 30, 2003, by Ispat 
Sidbec Inc., a Canadian producer/exporter 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 Canada, covering the period February 8, 2002 
through December 31, 2002. See Initiation of Antidumping and 
Countervailing Duty Administrative Reviews, 68 FR 66799 (November 28, 
2003). On January 23, 2004, we revoked the countervailing duty order on 
carbon and certain alloy steel wire rod from Canada, effective February 
8, 2002. On January 26, 2004, Ispat Sidbec Inc., withdrew its request 
for an administrative review. As the order was revoked effective on 
February 8, 2002, we are rescinding this administrative review.

EFFECTIVE DATE: February 13, 2004.

FOR FURTHER INFORMATION CONTACT: S. Anthony Grasso, 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) 482-3853.

SUPPLEMENTARY INFORMATION:

Background

    The Department of Commerce (the ``Department'') published the 
countervailing duty order on carbon and certain alloy steel wire rod 
from Canada on October 22, 2002. 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 30, 2003, Ispat Sidbec Inc. 
(``Ispat''), Canadian producer/exporter of wire rod, requested an 
administrative review of the countervailing duty order on wire rod from 
Canada covering the period February 8, 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 23, 2004, we revoked the countervailing 
duty order on carbon and certain alloy steel wire rod from Canada. See 
Carbon and Certain Alloy Steel Wire Rod from Canada: Final Results of 
Countervailing Duty Changed Circumstances Review and Revocation of 
Countervailing Duty Order, in Whole, 69 FR 3330 (January 23, 2004) 
(``Changed Circumstances Review''). On January 26, 2004, Ispat withdrew 
its October 30, 2003 request for an administrative 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,

[[Page 7203]]

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 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.

Rescission of Review

    On January 23, 2004, the Department revoked the countervailing duty 
order on carbon and certain alloy steel wire rod from Canada effective 
February 8, 2002 pursuant to section 751(d)(1) of the 1930 Tariff Act, 
as amended, and 19 CFR 351.222(g) of the Department's regulations. See 
Changed Circumstances Review, 69 FR 3330. Because the revocation is 
effective for all unliquidated entries, entered or withdrawn from 
warehouse, for consumption on or after February 8, 2002, the Department 
is rescinding the countervailing duty administrative review initiated 
on November 28, 2003.
    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 6, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-3254 Filed 2-12-04; 8:45 am]
BILLING CODE 3510-DS-S