[Federal Register Volume 70, Number 130 (Friday, July 8, 2005)]
[Notices]
[Pages 39484-39486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3597]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-122-840]


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Carbon and Certain Alloy Steel Wire Rod from Canada

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that Mittal Canada Inc. (Mittal) is the successor-in-interest to Ispat 
Sidebec Inc. (Ispat) and, as a result, should be accorded the same 
treatment previously accorded to Ispat in regard to the antidumping 
order on steel wire rod from Canada as of the date of publication of 
this notice in the Federal Register.

EFFECTIVE DATE: July 8, 2005.

FOR FURTHER INFORMATION CONTACT: Daniel O'Brien or Ashleigh Batton, at 
(202) 482-1376 or (202) 482-6309, respectively; AD/CVD Operations, 
Office 1, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On January 14, 2005, Mittal requested that the Department determine 
that it had become the successor-in-interest of Ispat, pursuant to 
section 751(b) of the Tariff Act of 1930, as amended (the Act), and 19 
CFR 351.216 and 351.221(c)(3). On March 9, 2005, the Department 
initiated this administrative review. See Notice of Initiation of 
Changed Circumstances Antidumping Duty Administrative Review: Carbon 
and Certain Alloy Steel Wire Rod from Canada, 70 FR 11612 (Initiation 
Notice). On March 25, 2005, the Department issued Ispat/Mittal a 
questionnaire requesting further details on Mittal's successor-in-
interest claims. The company's response was received by the Department 
on April 1, 2005.
    On May 3, 2005, the Department published the preliminary results of 
this changed circumstances review and

[[Page 39485]]

preliminarily determined that Mittal is the successor-in-interest to 
Ispat and should receive Ispat's cash deposit rate of 3.86 percent. See 
Preliminary Results of Changed Circumstances Antidumping Duty 
Administrative Review: Carbon and Certain Alloy Steel Wire Rod from 
Canada, 70 FR 22845 (May 3, 2005) (Preliminary Results). In the 
Preliminary Results, we stated that interested parties could request a 
hearing or submit case briefs and/or written comments to the Department 
no later than 30 days after publication of the Preliminary Results 
notice in the Federal Register, and submit rebuttal briefs, limited to 
the issues raised in the case briefs, seven days subsequent to the due 
date of the case briefs. We did not receive any hearing requests or 
comments on the Preliminary Results.

Scope of the Order

    The merchandise subject to this order 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 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 the order 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 the order is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Mittal, and the fact that the 
Department did not receive any comments during the comment period 
following the preliminary results of this review, the Department hereby 
determines Mittal is the successor-in-interest to Ispat for antidumping 
duty cash deposit purposes.

Instructions to the U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to suspend liquidation of all shipments of the subject 
merchandise produced and exported by Mittal entered, or withdrawn from 
warehouse, for consumption, on or after the publication date of this 
notice at 3.86 percent (i.e. Ispat's cash deposit rate). This deposit 
rate shall remain in effect until publication of the final results of 
the ongoing administrative review, in which Mittal/Ispat is 
participating.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their

[[Page 39486]]

responsibility concerning the disposition of proprietary information 
disclosed under APO in accordance with 19 CFR 351.306. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.
    This notice is in accordance with sections 751(b) and 777(i)(1) of 
the Act, and section 351.216(e) of the Department's regulations.

    Dated: June 24, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. E5-3597 Filed 7-7-05; 8:45 am]
BILLING CODE 3510-DS-S