[Federal Register Volume 76, Number 57 (Thursday, March 24, 2011)]
[Notices]
[Pages 16607-16608]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-6992]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-201-830]


Carbon and Certain Alloy Steel Wire Rod From Mexico: Notice of 
Partial Rescission of Antidumping Duty Administrative Review

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

DATES: Effective Date: March 24, 2011.

FOR FURTHER INFORMATION CONTACT: 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) 482-8362.

SUPPLEMENTARY INFORMATION:

Background

    On October 1, 2010, the Department of Commerce (the Department) 
published a notice of opportunity to request an administrative review 
of the antidumping duty order on carbon and certain alloy steel wire 
rod from Mexico. See Antidumping or Countervailing Duty Order, Finding, 
or Suspended Investigation; Opportunity To Request Administrative 
Review, 75 FR 60733 (October 1, 2010). On October 29, 2010, in 
accordance with 19 CFR 351.213(b), the Department received a timely 
request from Nucor Corporation (Nucor) and Cascade Steel Rolling Mills, 
Inc. (Cascade Steel), domestic producers of carbon wire rod, to conduct 
an administrative review of the sales of Aceros San Luis S.A. de C.V. 
(Aceros), Arcelor Mittal Las Truchas, S.A. de C.V. (AMLT), DeAcero de 
C.V. (DeAcero), Siderurgica Lazaro Cardenas Las Truchas S.A. de C.V. 
(Sicartsa), and Talleres y Aceros S.A. de C.V. (Talleres). On October 
29, 2010, in accordance with 19 CFR 351.213(b), the Department also 
received a timely request from ArcelorMittal USA, Inc. 
(ArcelorMittal),\1\ Gerdau Ameristeel US Inc. (Gerdau), and Evraz Rocky 
Mountain Steel (Evraz), domestic producers of carbon and certain alloy 
steel wire rod, to conduct an administrative review of the sales of 
AMLT, Sicartsa, Ternium Mexico SA. de C.V. (Ternium), DeAcero, Aceros, 
Talleres, and Altos Hornos de Mexico S.A. de C.V. (Altos Hornos). On 
November 1, 2010, AMLT, a Mexican producer of the subject merchandise 
requested an administrative review of its exports subject to the 
antidumping order referenced above.
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    \1\ ArcelorMittal did not join in the request for a review of 
AMLT or Sicartsa. On February 28, 2011, ArcelorMittal withdrew its 
participation in this administrative review.
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    On November 29, 2010, the Department published in the Federal 
Register the notice of initiation of this antidumping duty 
administrative review with respect to the following companies for the 
period October 1, 2009, through September 30, 2010: Aceros, Altos 
Hornos, AMLT, DeAcero, Sicartsa, Talleres, and Ternium. See Initiation 
of Antidumping and Countervailing Duty Administrative Reviews, 75 FR 
73036 (November 29, 2010) (Initiation Notice).
    In the Initiation Notice, the Department stated that in the event 
the Department limits the number of respondents for individual 
examination, it intended to select respondents based on data from U.S. 
Customs and Border Protection (CBP). See Initiation Notice. Due to the 
large number of companies for which a review was requested, the 
Department performed a query of the CBP database. See November 29, 
2010, Memorandum to the File ``Placement of Query Results of Customs 
and Border Patrol (CBP) Database on Record of Review,'' (November 29, 
2010). We released the results to interested parties.
    On January 10, 2011, the Department announced its intention to 
limit the number of respondents for individual examination, based on 
data from CBP. See Memorandum from Eric B. Greynolds, Program Manager, 
to Melissa Skinner, Director, Operations, Office 3, entitled 
``Respondent Selection,'' dated January 10, 2011. The Department 
selected AMLT and Sicartsa as mandatory respondents in this review.\2\
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    \2\ We are currently in the process of determining whether AMLT 
is the successor-in-interest to Sicartsa in an on-going antidumping 
duty changed circumstances review.
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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 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.

[[Page 16608]]

    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 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.\3\
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    \3\ Effective January 1, 2006, CBP reclassified certain HTSUS 
numbers related to the subject merchandise. See http://hotdocs.usitc.gov/tariff chapters current/toc.html.
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Partial Rescission of the 2009-2010 Administrative Review

    If a party that requested a review withdraws the request within 90 
days of the date of publication of notice of initiation of the 
requested review, the Secretary will rescind the review pursuant to 19 
CFR 351.213(d)(1). On February 24, 2011, Nucor and Cascade Steel 
withdrew their request for antidumping duty administrative review for 
the above referenced order with respect to the following Mexican 
producers: DeAcero, Aceros, and Talleres. On February 25, 2011, 
ArcelorMittal, Gerdau, and Evraz, withdrew their request with respect 
to the following Mexican producers: DeAcero, Aceros, Talleres, Ternium, 
and Altos Hornos. Both requests for withdrawal were submitted within 90 
days of the initiation notice, and are therefore timely, pursuant to 19 
CFR 351.213(d)(1). No other party requested a review of any of these 
five companies.
    Therefore, in accordance with 19 CFR 351.213(d)(1), and consistent 
with our practice, the Department is rescinding this review of the 
antidumping duty order on carbon and certain alloy steel wire rod from 
Mexico, in part, with respect to DeAcero, Aceros, Talleres, Ternium, 
and Altos Hornos. This administrative review will continue with respect 
to AMLT and Sicartsa.

Assessment

    The Department will instruct CBP to assess antidumping duties on 
all appropriate entries. For the companies for which this review is 
rescinded, antidumping duties shall be assessed at rates equal to the 
cash deposit of estimated antidumping duties required at the time of 
entry, or withdrawal from warehouse, for consumption, during the period 
October 1, 2009, through September 30, 2010, in accordance with 19 CFR 
351.212(c)(1)(i).
    The Department intends to issue appropriate assessment instructions 
directly to CBP 15 days after publication of this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping and/or countervailing 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 and/or countervailing 
duties occurred and the subsequent assessment of doubled antidumping 
duties.

Notification Regarding APOs

    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, which continues 
to govern business proprietary information in this segment of the 
proceeding. 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 which is subject to sanction.
    This notice is issued and published in accordance with section 
777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 
351.213(d)(4).

     Dated: March 17, 2011.
Christian Marsh,
Deputy Assistant Secretary for Antidumping and Countervailing Duty 
Operations.
[FR Doc. 2011-6992 Filed 3-23-11; 8:45 am]
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