[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38008-38009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15680]


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DEPARTMENT OF COMMERCE

International Trade Administration

[C-351-833, A-351-832, A-560-815, A-201-830, A-841-805, A-274-804]


Carbon and Certain Alloy Steel Wire Rod From Brazil, Indonesia, 
Mexico, Moldova, and Trinidad and Tobago: Continuation of Antidumping 
and Countervailing Duty Orders

AGENCY: Enforcement and Compliance, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce (the ``Department'') determined 
that revocation of the antidumping duty (``AD'') orders on carbon and 
certain alloy steel wire rod (``wire rod'') from Brazil, Indonesia, 
Mexico, Moldova, and Trinidad and Tobago would likely lead to 
continuation or recurrence of dumping, and that revocation of the 
countervailing duty (``CVD'') order on wire rod from Brazil would 
likely lead to continuation or recurrence of a countervailable subsidy. 
The U.S. International Trade Commission (the ``USITC'') also determined 
that revocation of these AD and CVD orders would likely lead to a 
continuation or recurrence of material injury to an industry in the 
United States. The Department is publishing this notice of the 
continuation of these AD and CVD orders.

DATES: Effective: July 3, 2014.

FOR FURTHER INFORMATION CONTACT: Nancy Decker (CVD order) or James 
Terpstra (AD orders), AD/CVD Operations, Enforcement and Compliance, 
International Trade Administration, U.S. Department of Commerce, 14th 
Street & Constitution Avenue NW., Washington, DC 20230; telephone: 
(202) 482-0196 or (202) 482-3965, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    On June 3, 2013, the Department initiated the second sunset reviews 
of the AD and CVD orders on wire rod from Brazil, Indonesia, Mexico, 
Moldova, Trinidad and Tobago, and Ukraine, pursuant to section 751(c) 
of and 752 of the Tariff Act of 1930, as amended (the ``Act'').\1\ As a 
result of its reviews, the Department found that revocation of the AD 
orders would likely lead to continuation or recurrence of dumping and 
that revocation of the CVD order would likely lead to continuation or 
recurrence of subsidization, and notified the USITC of the margins of 
dumping and the subsidy rates likely to prevail were the orders to be 
revoked.\2\
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    \1\ See Initiation of Five-Year (``Sunset'') Reviews, 78 FR 
33063 (June 3, 2013) (``Notice of Initiation'').
    \2\ See Carbon and Certain Alloy Steel Wire Rod from Brazil, 
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: Final 
Results of the Expedited Second Sunset Reviews of the Antidumping 
Duty Orders, 78 FR 63450 (October 24, 2013) and Carbon and Certain 
Alloy Steel Wire Rod From Brazil: Final Results of the Expedited 
Second Sunset Reviews of the Countervailing Duty Order, 78 FR 60850 
(October 2, 2013).
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    On June 20, 2014, the USITC published its determination, pursuant 
to section 751(c)(1) and section 752(a) of the Act, that revocation of 
the AD and CVD orders on wire rod from Brazil, Indonesia, Mexico, 
Moldova, and Trinidad and Tobago would likely lead to continuation or 
recurrence of material injury within a reasonably foreseeable time.\3\
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    \3\ See Carbon and Certain Alloy Steel Wire Rod from Brazil, 
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine, 79 FR 
35381 (June 20, 2014); see also USITC Publication 4472 (June 2014) 
entitled Carbon and Certain Alloy Steel Wire Rod from Brazil, 
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine (Inv. 
Nos. 701-TA-417 and 731-TA-953, 957-959, and 961-962 (Second 
Review)). The ITC also found that revocation of the AD order on wire 
rod from Ukraine would not be likely to lead to the continuation or 
recurrence of material injury within a reasonably foreseeable time.
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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. 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,

[[Page 38009]]

(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 these orders are currently classifiable 
under subheadings 7213.91.3000, 7213.91.3010, 7213.91.3011, 
7213.91.3015, 7213.91.3020, 7213.91.3090, 7213.91.3091, 7213.91.3092, 
7213.91.3093, 7213.91.4500, 7213.91.4510, 7213.91.4590, 7213.91.6000, 
7213.91.6010, 7213.91.6090, 7213.99.0030, 7213.99.0031, 7213.99.0038, 
7213.99.0090, 7227.20.0000, 7227.20.0010, 7227.20.0020, 7227.20.0030, 
7227.20.0080, 7227.20.0090, 7227.20.0095, 7227.90.6010, 7227.90.6020, 
7227.90.6030, 7227.90.6035, 7227.90.6050, 7227.90.6051, 7227.90.6053, 
7227.90.6058, 7227.90.6059, 7227.90.6080, and 7227.90.6085 of the 
HTSUS.
    On October 1, 2012, the Department published its final 
determination of circumvention, finding that shipments of wire rod with 
an actual diameter of 4.75 mm to 5.00 mm produced in Mexico and 
exported to the United States by Deacero S.A. de C.V. constitute 
merchandise altered in form or appearance in such minor respects that 
it should be included within the scope of the order on wire rod from 
Mexico.\4\
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    \4\ See Carbon and Certain Alloy Steel Wire Rod from Mexico: 
Affirmative Final Determination of Circumvention of the Antidumping 
Order, 77 FR 59892 (October 1, 2012). Deacero appealed the 
Department's final determination, and the case is currently pending. 
See Deacero S.A. de C.V., et al. v. United States, Ct. No. 12-345 
(Ct. Int'l Trade).
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Continuation of the Orders

    As a result of the determinations by the Department and the USITC 
that revocation of these AD and CVD orders would likely lead to 
continuation or recurrence of dumping or a countervailable subsidy, and 
material injury to an industry in the United States, pursuant to 
sections 751(c) and 751(d)(2) of the Act, the Department hereby orders 
the continuation of the AD orders on wire rod from Brazil, Indonesia, 
Mexico, Moldova, and Trinidad and Tobago and the CVD order on wire rod 
from Brazil.
    U.S. Customs and Border Protection will continue to collect cash 
deposits at the rates in effect at the time of entry for all imports of 
subject merchandise. The effective date of the continuation of these 
orders is the date of publication in the Federal Register of this 
notice of continuation. Pursuant to section 751(c)(2) of the Act, the 
Department intends to initiate the next five-year review of these 
orders not later than 30 days prior to the fifth anniversary of the 
effective date of the continuation.
    These five-year (sunset) reviews and notice are in accordance with 
section 751(c) of the Act and published pursuant to section 777(i)(1) 
of the Act and 19 CFR 351.218(f)(4).

    Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-15680 Filed 7-2-14; 8:45 am]
BILLING CODE 3510-DS-P