[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69512-69514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6331]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-274-804)


Notice of Final Results of Antidumping Duty Administrative 
Review: Carbon and Certain Alloy Steel Wire Rod from Trinidad and 
Tobago

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 12, 2005, the Department of Commerce (``the 
Department'') published the preliminary results of its second 
administrative review of the antidumping duty order on carbon and 
certain alloy steel wire rod from Trinidad and Tobago. The review 
covers one producer of the subject merchandise. The period of review 
(``POR'') is October 1, 2003, through September 30, 2004. Based on our 
analysis of comments received, these final results differ from the 
preliminary results. The final results are listed below in the Final 
Results of Review section.

EFFECTIVE DATE: November 16, 2005.

FOR FURTHER INFORMATION CONTACT: Dennis McClure or James Terpstra, at 
(202) 482-5973 or (202) 482-3965, respectively; AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14\th\ Street & Constitution Avenue, NW., 
Washington, DC 20230.

SUPPLEMENTARY INFORMATION:

Background

    On July 12, 2005, the Department published in the Federal Register 
the preliminary results of the second administrative review of the 
antidumping duty order on carbon and certain alloy steel wire rod from 
Trinidad and Tobago. See Preliminary Results of Antidumping Duty 
Administrative Review: Carbon and Certain Steel Alloy Steel Wire Rod 
From Trinidad and Tobago, 70 FR 39990 (July 12, 2005) (``Preliminary 
Results'').
    We invited parties to comment on the Preliminary Results. On July 
26, 2005, we extended the deadline for filing case briefs and rebuttal 
briefs to August 26, 2005, and August 31, 2005, respectively. On August 
26, 2005, we received case briefs from the sole respondent, Carribean 
Ispat Limited (now known as Mittal Steel Point Lisas Limited) and its 
affiliates Ispat North America Inc. (now known as Mittal Steel North 
America) and Walker Wire (Ispat) Inc. (collectively ``CIL''), and the 
petitioners: ISG Georgetown Inc. (formerly Georgetown Steel Company), 
Gerdau Ameristeel US Inc. (formerly Co-Steel Raritan, Inc.), Keystone 
Consolidated Industries, Inc., and North Star Steel Texas, Inc. CIL and 
the petitioners submitted rebuttal briefs on August 31, 2005.
    On September 1, 2005, CIL submitted a letter to the Department 
requesting that the Department remove the petitioners' rebuttal brief 
because it contained a new argument. On September 6, 2005, we returned 
the petitioners rebuttal brief filed with the new argument. On 
September 9, 2005, the petitioners submitted a letter objecting to the 
Department's rejection of its rebuttal brief and also argued that CIL 
submitted new information and new arguments in its rebuttal brief. On 
September 13, 2005, the petitioners resubmitted its brief as requested 
by the Department. On September 14, 2005, the Department sent a letter 
to the petitioners explaining that CIL's rebuttal brief only contained 
new information with regards to the referenced website and that the 
Department would disregard any information referenced from the website.

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 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

[[Page 69513]]

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 the 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 of this proceeding is 
dispositive.\1\
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    \1\ Effective January 1, 2005, U.S. Customs and Border 
Protection (``CBP'') reclassified certain HTSUS numbers related to 
the subject merchandise. See http://hotdocs.usitc.gov/tariff_chapters_current/toc.html.
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Analysis of Comments Received

    The issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum to Joseph A. Spetrini, Acting Assistant Secretary for Import 
Administration, from Stephen J. Claeys, 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 
in Room B-099 of the main Commerce building, and can also be accessed 
directly on the Web at 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 corrected the 
normal value calculation by using the home market price adjustment 
variable, instead of the U.S. price adjustment variable. In addition, 
we excluded certain wire rod sold in the home market from our 
calculation because it did not meet our model match criteria. These 
adjustments are discussed in further detail in the Decision Memorandum.

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
                     Producer                        Margin (Percentage)
------------------------------------------------------------------------
CIL...............................................                  4.13
------------------------------------------------------------------------

Assessment

    The Department will determine, and CBP shall assess, antidumping 
duties on all appropriate entries, pursuant to 19 CFR 351.212(b). The 
Department calculated importer-specific duty assessment rates on the 
basis of the ratio of the total amount of antidumping duties calculated 
for the examined sales to the total entered value of the examined sales 
for that importer. Where the assessment rate is above de minimis, we 
will instruct CBP to assess duties on all entries of subject 
merchandise by that importer. The Department will issue appropriate 
assessment instructions directly to CBP within 15 days of publication 
of these final results of review.

Cash Deposits

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of carbon and certain alloy steel wire rod from Trinidad and 
Tobago entered, or withdrawn from warehouse, for consumption on or 
after the publication date of these final results, as provided by 
section 751(a) of the Tariff Act of 1930, as amended (``the Act''): (1) 
for CIL, the cash deposit rate will be the rate listed above; (2) for 
merchandise exported by producers or exporters not covered in this 
review but covered in

[[Page 69514]]

the investigation, the cash deposit rate will continue to be the 
company-specific rate from the final determination; (3) if the exporter 
is not a firm covered in this review or the investigation, but the 
producer is, the cash deposit rate will be that established for the 
producer of the merchandise in these final results of review or in the 
final determination; and (4) if neither the exporter nor the producer 
is a firm covered in this review or the investigation, the cash deposit 
rate will be 11.40 percent, the ``All Others'' rate established in the 
less-than-fair-value investigation. These deposit requirements shall 
remain in effect until publication of the final results of the next 
administrative review.
    This notice also serves as a final reminder to importers of their 
responsibility under 19 CFR 351.402 (f)(2) to file a certificate 
regarding the reimbursement of antidumping 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 duties occurred and the subsequent 
increase in antidumping duties by the amount of antidumping duties 
reimbursed.
    This notice also is the only 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/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.
    We are issuing and publishing these results and notice in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: November 8, 2005.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.

APPENDIX

Comment 1: Ministerial Error Related to Normal Value (``NV'') 
Adjustment
Comment 2: Methodology for Calculating Imputed Expenses for CEP 
(``CEP'') Sales
Comment 3: CEP Offset Adjustment and Level of Trade (``LOT'') Analysis
Comment 4: Treatment of Certain Merchandise as Non-prime
[FR Doc. E5-6331 Filed 11-15-05; 8:45 am]
BILLING CODE 3510-DS-S