[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22514-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11175]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

(A-201-830)


Notice of Final Results of Antidumping Duty Changed Circumstances 
Review: Carbon and Certain Alloy Steel Wire Rod from Mexico

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce (the Department) has determined 
that Ternium Mexico, S.A. de C.V. (Ternium) is the successor-in-
interest to Hylsa S.A. de C.V. (Hylsa) and, as a result, should be 
accorded the same treatment previously accorded to Hylsa in regard to 
the antidumping duty order on carbon and certain alloy steel wire rod 
(wire rod) from Mexico as of the date of publication of this notice in 
the Federal Register.

EFFECTIVE DATE: May 13, 2009.

FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, 
Office 3, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th and Constitution Avenue, NW, 
Washington, DC 20230; telephone: (202) 482-8362.

SUPPLEMENTARY INFORMATION:

Background

    On September 3, 2008, Ternium requested that the Department conduct 
a changed circumstances review of the antidumping duty order on wire 
rod from Mexico to determine whether Ternium is the successor-in-
interest to Hylsa. On November 12, 2008, the Department initiated a 
changed circumstances review of the antidumping duty order on wire rod 
from Mexico. See Notice of Initiation of Antidumping Duty Changed 
Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from 
Mexico, 73 FR 66839 (November 12, 2008) (Notice of Initiation). On 
April 2, 2009, the Department made its preliminary determination that 
Ternium is the successor-in-interest to Hylsa and should be treated as 
such for antidumping duty cash deposit purposes. See Notice of 
Preliminary Results of Antidumping Duty Changed Circumstances Review: 
Carbon and Certain Alloy Steel Wire Rod from Mexico, 74 FR 14957 (April 
2, 2009) (Preliminary Results). In the Preliminary Results, we stated 
that interested parties could request a hearing no later than 10 days 
or submit case briefs to the Department no later than 14 days after the 
publication of the Preliminary Results in the Federal Register, and 
submit rebuttal briefs, limited to the issues raised in those case 
briefs, seven days subsequent to the case briefs due date. We did not 
receive any hearing requests or comments on the Preliminary Results.

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; (e) concrete 
reinforcing bars and rods; and (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

[[Page 22515]]

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 subject to this order are currently classifiable under 
subheadings 7213.91.3011, 7213.91.3015, 7213.91.3092, 7213.91.4500, 
7213.91.6000, 7213.99.0030, 7213.99.0090, 7227.20.0000, 7227.90.6010, 
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 proceeding is dispositive.

Final Results of Changed Circumstances Review

    Based on the information provided by Ternium, the Department's 
analysis in the Preliminary Results, and the fact that interested 
parties did not submit any comments during the comment period, the 
Department hereby determines that Ternium is the successor-in-interest 
to Hylsa for antidumping duty cash deposit purposes.

Instructions to U.S. Customs and Border Protection

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to continue to suspend liquidation of all shipments of the 
subject merchandise produced and exported by Ternium entered, or 
withdrawn from warehouse, for consumption, on or after the publication 
date of this notice in the Federal Register at 17.94 percent (i.e., 
Hylsa's cash deposit rate). This deposit requirement shall remain in 
effect until further notice.

Notification

    This notice also serves as a reminder to parties subject to 
administrative protective orders (APOs) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.306. 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.
    This notice is in accordance with sections 751(b) and 777(i)(1) and 
(2) of the Tariff Act of 1930, as amended, and 19 CFR 351.216(e).

    Dated: May 6, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-11175 Filed 5-12-09; 8:45 am]
BILLING CODE 3510-DS-S