[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Notices]
[Pages 1321-1323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-114]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-351-832, A-122-840, A-560-815, A-201-830, A-841-805, A-274-804, A-
823-812


Carbon and Certain Alloy Steel Wire Rod from Brazil, Canada, 
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Final 
Results of the Expedited Sunset Reviews of the Antidumping Duty Orders

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On September 4, 2007, the Department of Commerce (``the 
Department'') initiated sunset reviews of the antidumping duty orders 
on carbon and certain alloy steel wire rod (``wire rod'') from Brazil, 
Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (``the 
Act''). The Department has conducted expedited (120-day) sunset reviews 
for these orders pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2). As a 
result of these sunset reviews, the Department finds that revocation of 
the antidumping duty orders would be likely to lead to continuation or 
recurrence of dumping.

EFFECTIVE DATE: January 8, 2008.

FOR FURTHER INFORMATION CONTACT: Devta Ohri or Brandon Farlander, AD/
CVD Operations, Office 1, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street & Constitution 
Avenue, NW, Washington, DC 20230; telephone: (202) 482-3853, or (202) 
482-0182, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On September 4, 2007, the Department published the notice of 
initiation of the sunset reviews of the antidumping duty orders on wire 
rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and 
Tobago, and Ukraine, pursuant to Section 751(c) of the Act. See 
Initiation of Five-Year (``Sunset'') Reviews, 72 FR 50659 (September 4, 
2007) (``Notice of Initiation'').
    The Department received a notice of intent to participate from the 
following domestic parties: Gerdau Ameristeel U.S. Inc.; ISG 
Georgetown, Inc.; Keystone Consolidated Industries, Inc.; and Rocky 
Mountain Steel Mills within the deadline specified in 19 CFR 
351.218(d)(1)(i). The companies claimed

[[Page 1322]]

interested party status under section 771(9)(C) of the Act, as 
manufacturers of a domestic like product in the United States. The 
Department received a separate notice of intent to participate from 
Nucor Corporation within the deadline specified in 19 CFR 
351.218(d)(1)(i). Nucor Corporation also claimed interested party 
status under section 771(9)(C) of the Act, as a manufacturer of a 
domestic like product in the United States.
    Gerdau Ameristeel U.S. Inc. reported that it is related to Gerdau 
S.A., a producer and exporter of subject merchandise in Brazil. ISG 
Georgetown, Inc. reported that it is related to the following producers 
and exporters of subject merchandise: Belgo Siderurgia S.A. in Brazil; 
Mittal Canada, Inc. in Canada; Siderurgica Lazaro Cardenas Las Truchas, 
SA in Mexico; Mittal Steel Point Lisas Ltd. in Trinidad and Tobago; and 
OJSC Mittal Steel Kryviy Rih in Ukraine. Pursuant to section 771(4)(B) 
of the Act, a domestic interested party may be excluded from 
participating as part of the domestic industry if it is related to an 
exporter of subject merchandise. In this sunset review, even if we 
excluded the parties above from participating as part of the domestic 
industry in the sunset review of the order, there would still be 
sufficient participation by other domestic interested parties to merit 
a sunset review of the order. Since there is sufficient industry 
support regardless of whether the two companies are included, we do not 
need to resolve the issue of whether to include or exclude Gerdau 
Ameristeel U.S. Inc. and ISG Georgetown, Inc. Therefore, collectively, 
Gerdau Ameristeel U.S. Inc., ISG Georgetown, Inc., Keystone 
Consolidated Industries, Inc.; Rocky Mountain Steel Mills; and Nucor 
Corporation will be known as the ``domestic interested parties.''
    The Department received a complete substantive response to the 
notice of initiation from the domestic interested parties within the 
30-day deadline specified in 19 CFR 351.218(d)(3)(i). We received no 
responses from respondent interested parties with respect to any of the 
orders covered by these sunset reviews, nor was a hearing requested. As 
a result, pursuant to 19 CFR 351.218(e)(1)(ii)(C)(2), the Department is 
conducting expedited (120-day) sunset reviews of the antidumping duty 
orders for Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and 
Tobago, and Ukraine.

Scope of the Orders

    The merchandise subject to these orders 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. 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.
    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 grade 1080 tire cord quality wire rod and 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.

[[Page 1323]]

    The products under review are currently classifiable under 
subheadings 7213.91.3010, 7213.91.3015, 7213.91.3090, 7213.91.3092, 
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, 7227.90.6010, 7227.90.6051, 7227.90.6053, 7227.90.6058, 
7227.90.6059, and 7227.90.6080 of the HTSUS. Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of these orders is dispositive.

Analysis of Comments Received

    All issues raised in these reviews are addressed in the ``Issues 
and Decision Memorandum for the Expedited Sunset Reviews of the 
Antidumping Duty Orders on Carbon and Certain Alloy Steel Wire Rod from 
Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and Tobago, and 
Ukraine; Final Results'' from Stephen J. Claeys, Deputy Assistant 
Secretary for Import Administration, to David M. Spooner, Assistant 
Secretary for Import Administration (December 31, 2007), which is 
hereby adopted by this notice (``Decision Memo''). The issues discussed 
in the Decision Memo include the likelihood of continuation or 
recurrence of dumping and the magnitude of the margins likely to 
prevail if the orders were revoked. Parties can find a complete 
discussion of all issues raised in these reviews and the corresponding 
recommendations in this public memorandum which is on file in room B-
099 of the main Department building.
    In addition, a complete version of the Decision Memo can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn. The paper 
copy and electronic version of the Decision Memo are identical in 
content.

Final Results of Reviews

    We determine that revocation of the antidumping duty orders on wire 
rod from Brazil, Canada, Indonesia, Mexico, Moldova, Trinidad and 
Tobago, and Ukraine would be likely to lead to continuation or 
recurrence of dumping at the following weighted-average percentage 
margins:

------------------------------------------------------------------------
                                                       Weighted-Average
          Manufacturers/Exporters/Producers            Margin (percent)
------------------------------------------------------------------------
Brazil..............................................
Belgo Mineira.......................................               94.73
All-Others Rate.....................................               74.45
Canada..............................................
Ispat Sidbec Inc....................................                3.86
Ivaco, Inc..........................................                9.90
All-Others Rate.....................................                8.11
Indonesia...........................................
P.T. Ispat Indo.....................................                4.06
All-Others Rate.....................................                4.06
Mexico..............................................
SICARTSA............................................               20.11
All-Others Rate.....................................               20.11
Moldova.............................................
Moldova-wide Rate...................................              369.10
Trinidad and Tobago.................................
Caribbean Ispat Ltd.................................               11.40
All-Others Rate.....................................               11.40
Ukraine.............................................
Krivorozhstal.......................................              116.37
All-Others Rate.....................................              116.37
------------------------------------------------------------------------

    This notice also serves as 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 
notification of the return or destruction of APO materials or 
conversion to judicial protective orders 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 the results and notice in accordance 
with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: December 31, 2007.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-114 Filed 1-7-08; 8:45 am]
BILLING CODE 3510-DS-S