[Federal Register Volume 74, Number 47 (Thursday, March 12, 2009)]
[Notices]
[Pages 10722-10724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5369]


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DEPARTMENT OF COMMERCE

International Trade Administration

(A-274-804)


Carbon and Certain 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 November 5, 2008, the Department of Commerce (the 
Department) published the preliminary results of the fifth 
administrative review for the antidumping duty order on carbon and 
certain alloy steel wire rod (wire rod) from Trinidad and Tobago. See 
Carbon and Certain Alloy Steel Wire Rod from Trinidad and Tobago: 
Preliminary Results of Antidumping Duty Administrative Review, 73 FR 
65833 (November 5, 2008) (Preliminary Results). This review covers 
imports of wire rod from ArcelorMittal Point Lisas Limited,\1\ and its 
affiliate Mittal Steel North America Inc. (MSNA) (collectively, AMPL). 
The period of review (POR) is October 1, 2006, through September 30, 
2007.
    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.
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    \1\ ArcelorMittal Point Lisas Limited is the successor-in-
interest to Mittal Steel Point Lisas Limited. See Carbon and Certain 
Alloy Steel Wire Rod from Trinidad and Tobago: Notice of Final 
Results of Antidumping Duty Changed Circumstances Review, 73 FR 
30052 (May 23, 2008).

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EFFECTIVE DATE: March 12, 2009.

FOR FURTHER INFORMATION CONTACT: Stephanie Moore or Jolanta Lawska, 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 and (202) 482-8362, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 29, 2002, the Department published in the Federal 
Register the antidumping duty order on wire rod from Trinidad and 
Tobago. See Notice of Antidumping Duty Orders: Carbon and Certain Alloy 
Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, Trinidad and 
Tobago, and Ukraine, 67 FR 65945 (Wire Rod Orders). On July 6, 2005, 
the Department determined that Mittal Steel Point Lisas Limited (MSPL) 
is the successor-in-interest to Carribean Ispat Limited (CIL). See 
Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Carbon and Certain Alloy Wire Rod from Trinidad and Tobago, 70 
FR 38871 (July 6, 2005). On May 23, 2008, the Department determined 
that AMPL is the successor-in-interest to MSPL. See Carbon and Certain 
Alloy Steel wire Rod from Trinidad and Tobago: Notice of Final results 
of Antidumping Duty Changed Circumstances Review, 73 FR 30052 (May 23, 
2008). On November 5, 2008, the Department published in the Federal 
Register its Preliminary Results of the administrative review of this 
order for the period October 1, 2006, through September 30, 2007. See 
Preliminary Results, 73 FR at 65833. This is the fifth administrative 
review of this order.

Comments From Interested Parties

    We invited interested parties to comment on the Preliminary 
Results. On December 5, 2008, AMPL filed a case brief, and on December 
10, 2008, petitioners submitted a rebuttal brief. Petitioners are 
Gerdau Ameristeel US Inc. (formerly Co-Steel Raritan, Inc.), Keystone 
Consolidated Industries, Inc., North Star Steel Texas, Inc., Nucor 
Steel Connecticut, Inc., and Rocky Mountain Steel Mills. No party 
requested a hearing.

Scope of the Antidumping Duty 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. 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)

[[Page 10723]]

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.
    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 this order is dispositive.\2\
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    \2\ Effective July 1, 2008, 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

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the accompanying Issues and 
Decision Memorandum for the Antidumping Duty Order on Carbon and 
Certain Alloy Steel Wire Rod from Trinidad and Tobago (Decision 
Memorandum), which is hereby adopted by this notice. A list of the 
issues which parties have raised, and to which we have responded in the 
Issues and Decision Memorandum, is attached to this notice as an 
Appendix. Parties can find a complete discussion of the issues in this 
review and the corresponding recommendations in this public memorandum, 
which is on file in the Department's Central Records Unit (CRU), Room 
1117 of the main commerce building. In addition, a complete version of 
the Issues and Decision Memorandum can be accessed directly on the 
World Wide Web at http://ia.ita.doc.gov/frn. The paper copy and 
electronic version of the Issues and Decision Memorandum are identical 
in content.

Final Results of Review

    As a result of our review, we determine that the following 
weighted-average margin exists for the period October 1, 2006, through 
September 30, 2007.

------------------------------------------------------------------------
                                                       Weighted-Average
                Manufacturer/Exporter                       Margin
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AMPL................................................        1.56 percent
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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. See Antidumping and Countervailing Duty Proceedings: 
Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003) (Assessment 
Policy Notice). This clarification will apply to entries of subject 
merchandise during the POR produced by AMPL for which AMPL did not know 
that the merchandise it sold to the intermediary (e.g., a reseller, 
trading company, or exporter) 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 intermediary involved 
in the transaction. See Assessment Policy Notice for a full discussion 
of this clarification.

Cash Deposit Requirements

    The following antidumping duty deposit rates will be effective upon 
publication of this notice of final results of the administrative 
review for all shipments of wire rod from Trinidad and Tobago entered, 
or withdrawn from warehouse, for consumption on or after the date of 
the publication of these final results, as provided by section 
751(a)(1) of the Act: (1) the cash deposit rate for AMPL is 1.56 
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 final results in which that 
manufacturer or exporter participated; (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 final 
results for the manufacturer of the merchandise; and, (4) if neither 
the exporter nor the manufacturer is a firm covered in this or any 
previous review conducted by the Department, the cash deposit rate will 
be 11.40 percent, the all-others rate established in the LTFV 
investigation. See Notice of Antidumping Duty Orders: Carbon and 
Certain Alloy Steel Wire Rod from Brazil, Indonesia, Mexico, Moldova, 
Trinidad and Tobago, and Ukraine, 67 FR 65945 (October 29, 2002). These 
cash deposit requirements, when imposed, shall remain in effect until 
further notice.

[[Page 10724]]

Notification to Importers

    This notice 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 may result in the Secretary's presumption that 
reimbursement of antidumping and/or countervailing duties occurred and 
the subsequent assessment of double antidumping duties.

Notification Regarding APOs

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(5). 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.
    We are issuing and publishing these final results of review in 
accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: March 5, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.

APPENDIX I

List of Comments in the Issues and Decision Memorandum
Comment 1 Whether the Department Should Exclude the Single Sale of 
Scrap Merchandise
Comment 2: Whether the Department Should Modify its Liquidation 
Instructions to U.S. Customs and Border Protection
[FR Doc. E9-5369 Filed 3-11-09; 8:45 am]
BILLING CODE 3510-DS-S