[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60787-60788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5777]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-560-815


Carbon and Certain Alloy Steel Wire Rod from Indonesia; Final 
Results of Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 11, 2005, the U.S. Department of Commerce (the 
Department) published the preliminary results of administrative review 
of the antidumping duty order covering carbon and certain alloy steel 
wire rod from Indonesia. See Carbon and Certain Alloy Steel Wire Rod 
from Indonesia; Preliminary Results of Antidumping Duty Administrative 
Review, 70 FR 39721 (July 11, 2005) (Preliminary Results). The 
merchandise covered by this order is carbon and certain alloy steel 
wire rod from Indonesia as described in the ``Scope of the Order'' 
section of this notice. The period of review (POR) is October 1, 2003, 
through September 30, 2004. We invited parties to comment on our 
Preliminary Results. Based on our analysis of the comments received, we 
made no changes to the margin calculation. Therefore, the final results 
do not differ from the preliminary results. The final weighted-average 
dumping margin for the reviewed firm is listed below in the section 
entitled ``Final Results of the Review.''

EFFECTIVE DATE:  October 19, 2005.

FOR FURTHER INFORMATION CONTACT: Angelica Mendoza or Judy Lao, AD/CVD 
Operations, Office 7, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230, telephone: (202) 482-
3019 or (202) 482-7924, respectively.

SUPPLEMENTARY INFORMATION:

Period of Review

    The POR is October 1, 2003, through September 30, 2004.

Background

    On July 11, 2005, the Department published in the Federal Register 
its preliminary results for this administrative review. See Preliminary 
Results at 70 FR 39721 (July 11, 2005). We invited parties to comment 
on the Preliminary Results. On August 10, 2005, we received a case 
brief from respondent, P.T. Ispat Indo (Ispat Indo). We received a 
rebuttal brief from petitioners, Gerdau Ameristeel U.S. Inc., ISG 
Georgetown Inc., Keystone Consolidated Industries, Inc., and North Star 
Steel Texas, Inc., on August 15, 2005. No public hearing was held.

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,

[[Page 60788]]

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 scope 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.\1\
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    \1\ Effective January 1, 2004 and January 1, 2005, the CBP 
reclassified certain HTSUS numbers related to the subject 
merchandise. See http://hotdocs.usitc.gov/tariff_chapters_current/toc.html.6
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Analysis of Comments Received

    The issues raised in the case brief by Ispat Indo regarding this 
administrative review are addressed in the Issues and Decision 
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, from Barbara E. Tillman, Acting Deputy Assistant 
Secretary (Decision Memorandum), which is hereby adopted by this 
notice. A list of the issues addressed in the Decision Memorandum is 
appended to this notice. The Decision Memorandum is on file in the 
Central Records Unit (CRU) in Room B-099 of the main Commerce building, 
and can also be accessed directly on the Web at http://www.ia.ita.doc.gov/frn. The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Changes Since the Preliminary Results

    Based on our analysis of comments received, we have made no 
adjustments to the analysis and programming used in calculating the 
preliminary dumping margin in this proceeding. Therefore, the weighted-
average dumping margin calculated in the preliminary results is now 
final.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period of October 1, 2003, 
through September 30, 2004:

------------------------------------------------------------------------
                                                       Weighted-Average
               Manufacturer/Exporter                 Margin (Percentage)
------------------------------------------------------------------------
P.T. Ispat Indo....................................    0.38 (de minimis)
------------------------------------------------------------------------

Liquidation

    The Department shall determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries. In accordance with 19 CFR 351.212(b)(1), we have calculated 
exporter/importer-specific assessment rates. To calculate these rates, 
we divided the total dumping margins for the reviewed sales by the 
total entered value of those reviewed sales for each importer. The 
Department will issue appropriate assessment instructions directly to 
CBP within 15 days of publication of these final results of review. We 
will direct Customs to assess the appropriate assessment rate against 
the entered Custom values for the subject merchandise on each of the 
importer's entries under the relevant order during the POR.

Cash Deposit Requirements

    The following cash deposit requirements will be effective upon 
publication of this notice of final results of administrative review 
for all shipments of carbon and certain alloy steel wire rod from 
Indonesia entered, or withdrawn from warehouse, for consumption on or 
after the date of publication, as provided by section 751(a)(1) of the 
Tariff Act of 1930 as amended (the Act): 1) the cash deposit rate for 
the reviewed company will be zero, and no deposit will be required, due 
to the de minimis margin result (i.e., less than 0.5 percent); (2) for 
previously reviewed or investigated companies not listed above, the 
cash deposit rate will continue to be the company-specific rate 
published for the most recent period; (3) if the exporter is not a firm 
covered in this review, a prior review, or the original less-than-fair-
value (LTFV) investigation, but the manufacturer is, the cash deposit 
rate will be the rate established for the most recent period for the 
manufacturer of the merchandise; and (4) the cash deposit rate for all 
other manufacturers or exporters will continue to be 4.06 percent. This 
rate is the ``All Others'' rate from the final determination in the 
LTFV investigation. See 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).
    These deposit requirements shall remain in effect until the 
publication of the final results of the next administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402(f) to file a certificate regarding 
the reimbursement of antidumping or countervailing duties prior to 
liquidation of the relevant entries during this review period. Failure 
to comply with this requirement could result in the Secretary's 
presumption that reimbursement of antidumping or countervailing duties 
occurred and the subsequent assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305. 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 terms of an APO is a violation which is 
subject to sanction.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(I)(1) of the Act.

    Dated: October 12, 2005.
Joseph A. Spetrini,
Acting Assistant Secretaryfor Import Administration.

Appendix

Issues and Decision Memorandum
Comment 1: Adjustment to Raw Material Cost
[FR Doc. E5-5777 Filed 10-18-05; 8:45 am]
BILLING CODE 3510-DS-S