[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Notices]
[Pages 62824-62826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21871]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-274-804]


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

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

SUMMARY: On July 6, 2007, the Department of Commerce (the Department) 
published the preliminary results of the antidumping duty (AD) 
administrative review on carbon and alloy steel wire rod (wire rod) 
from Trinidad and Tobago. This review covers one producer of subject 
merchandise. The period of review (POR) is October 1, 2005, through 
September 30, 2006. See Carbon and Certain Alloy Steel Wire Rod from 
Trinidad and Tobago; Preliminary Results of Antidumping Duty 
Administrative Review, 72 FR 36955 (July 6, 2007) (Preliminary 
Results). Based on our analysis of comments received, these final 
results do not differ from the preliminary results. The final results 
are listed below in the Final Results of Review section.

DATES: Effective Dates: November 7, 2007.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Dennis McClure, AD/
CVD Operations, Office 3, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482-
3692 or (202) 482-5973, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On July 6, 2007, the Department published the preliminary results 
of the administrative review of the AD order on wire rod from Trinidad 
and Tobago. See Preliminary Results. This review covers imports of wire 
rod from Mittal Steel Point Lisas Limited and its affiliates Mittal 
Steel North America (MSNA) and Walker Wire (Ispat) Inc. (collectively 
Mittal) during the POR, October 1, 2005, through September 30, 2006. We 
invited interested parties to comment on the Preliminary Results.
    On August 6, 2007, we received a case brief from the petitioners: 
ISG Georgetown Inc., Gerdau Ameristeel U.S. Inc., Keystone Consolidated 
Industries, Inc., and North Star Steel Texas, Inc. On August 10, 2007, 
we extended Mittal's deadline for submitting its rebuttal brief. On 
August 13, 2007, we received Mittal's rebuttal brief.

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 62825]]

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. See Carbon and Certain Alloy 
Steel Wire Rod from Brazil, Canada, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine: Final Results of Changed 
Circumstances Review, 68 FR 64079, 64081 (November 12, 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 of this order is dispositive.

Analysis of Comments Received

    The sole issue raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum to David M. Spooner, Assistant Secretary for Import 
Administration, from Stephen J. Claeys, Deputy Assistant Secretary 
(Decision Memorandum), which is hereby adopted by this notice. The 
issue concerns the ``Methodology for Calculating Imputed Expenses for 
CEP Sales.'' 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 http://www.ia.ita.doc.gov/frn. The 
paper copy and electronic version of the Decision Memorandum are 
identical in content.

Final Results of Review

    As noted above, there have been no changes from the Preliminary 
Results. However, we have attached a Decision Memorandum to this 
Federal Register notice addressing the methodology used to calculate 
imputed credit expenses. For further details of the issues addressed in 
this proceeding, see the Preliminary Results.
    As a result of this review, we find that the following weighted-
average dumping margin exists for the period October 1, 2005, through 
September 30, 2006:

------------------------------------------------------------------------
          Producer/ manufacturer               Weighted-average margin
------------------------------------------------------------------------
Mittal Steel Point Lisas Limited..........  0.40% (i.e., de minimis)
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and U.S. Customs and Border 
Protection (CBP) shall assess, antidumping duties on all appropriate 
entries, pursuant to section 751(a)(1)(B) of the Tariff Act of 1930, as 
amended (the Act) and 19 CFR 351.212(b). The Department calculated 
importer-specific duty assessment rates on the basis of the ratio of 
the total 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 intends to issue assessment instructions to CBP 15 days 
after the date of publication of these final results of review.
    The Department clarified its ``automatic assessment'' regulation on 
May 6, 2003 (68 FR 23954). This clarification will apply to entries of 
subject merchandise during the POR produced by Mittal where Mittal did 
not know its merchandise was destined for the United States. In such 
instances, we will instruct CBP to liquidate unreviewed entries at the 
``All Others'' rate if there is no rate for the intermediate 
company(ies) involved in the transaction. For a full discussion of this 
clarification, see Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

[[Page 62826]]

Cash Deposit Requirements

    The following deposit requirements will be effective upon 
publication of the final results of this administrative review for all 
shipments of 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 Act: (1) For 
Mittal no cash deposit will be required; (2) for merchandise exported 
by producers or exporters not covered in this review, but covered in 
the less-than-fair-value (LTFV) investigation or a previous review, the 
cash deposit rate will continue to be the most recent company-specific 
rate established in the final determination or final results; (3) if 
the exporter is not a firm covered in this review, a previous review, 
or the LTFV investigation, but the producer is, the cash deposit rate 
will be the rate established for the producer of the subject 
merchandise for the most recent period; and (4) if neither the exporter 
nor the producer is a firm covered in this review, a previous review, 
or the LTFV investigation, the cash deposit rate will be 11.40 percent, 
the ``All Others'' rate established in the investigation. See Notice of 
Final Determination of Sales at Less Than Fair Value: Carbon and 
Certain Alloy Steel Wire Rod From Trinidad and Tobago, 67 FR 55788 
(August 30, 2002). These deposit requirements shall remain in effect 
until further notice.

Reimbursement of Duties

    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 presumption that 
reimbursement of antidumping duties occurred and the subsequent 
increase in antidumping duties by the amount of antidumping duties 
reimbursed.

Administrative Protective Orders

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). 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 violation that 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: November 1, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-21871 Filed 11-6-07; 8:45 am]
BILLING CODE 3510-DS-P