[Federal Register Volume 79, Number 128 (Thursday, July 3, 2014)]
[Notices]
[Pages 38009-38011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15687]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-823-812]


Carbon and Certain Alloy Steel Wire Rod From Ukraine: Revocation 
of Antidumping Duty Order

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

SUMMARY: As a result of the determination by the International Trade 
Commission (the ``ITC'') that revocation of the antidumping duty 
(``AD'') order on carbon and certain alloy steel wire rod (``wire 
rod'') from Ukraine would not be likely to lead to the continuation or 
recurrence of material injury to an industry in the United States, the 
Department of Commerce (the ``Department'') is revoking the AD order.

DATES: Effective: July 30, 2013.

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

SUPPLEMENTARY INFORMATION: 

Background

    On June 3, 2013, the Department initiated the second sunset reviews 
of the AD 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 be likely lead to continuation or recurrence of dumping, and 
notified the ITC of the margins of dumping 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).
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    On June 20, 2014, the ITC published its determination, pursuant to 
section 751(c)(1) and section 752(a) of the Act,

[[Page 38010]]

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.\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 orders on 
wire rod from Brazil, Indonesia, Mexico, Moldova, and Trinidad and 
Tobago would be likely to lead to the continuation or recurrence of 
material injury within a reasonably foreseeable time.
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Scope of the Order

    The merchandise subject to the 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.
    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 7213.91.3000, 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.

Revocation

    As a result of the determination by the ITC that revocation of the 
AD order would not be likely to lead to continuation or recurrence of 
material injury to an industry in the United States, pursuant to 
section 751(d)(2) of the Act, the Department is revoking the AD order 
on wire rod from Ukraine. Pursuant to section 751(d)(2) of the Act and 
19 CFR 351.222(i)(2)(i), the effective date of revocation is July 30, 
2013 (i.e., the fifth anniversary of the effective date of publication 
in the Federal Register of the previous continuation of this order).\4\
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    \4\ See Carbon and Certain Alloy Steel Wire Rod From Brazil, 
Indonesia, Mexico, Moldova, Trinidad and Tobago, and Ukraine: 
Continuation of Antidumping and Countervailing Duty, 73 FR 44218 
(July 30, 2008).
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Cash Deposits and Assessment of Duties

    The Department will notify U.S. Customs and Border Protection 
(``CBP''), 15 days after publication of this notice,

[[Page 38011]]

to terminate the suspension of liquidation and to discontinue the 
collection of cash deposits on entries of the subject merchandise, 
entered or withdrawn from warehouse, on or after July 30, 2013. The 
Department will further instruct CBP to refund with interest all cash 
deposits on entries made on or after July 30, 2013. Entries of subject 
merchandise prior to the effective date of revocation will continue to 
be subject to suspension of liquidation and AD deposit requirements and 
assessments. The Department will complete any pending or requested 
administrative reviews of this order covering entries prior to July 30, 
2013.

Administrative Protective Order

    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the return/destruction or conversion to judicial protective 
order of proprietary information disclosed under APO in accordance with 
19 CFR 351.305(a)(3). Failure to comply is a violation of the APO which 
may be subject to sanctions.
    This five-year (sunset) review and notice are in accordance with 
section 751(d)(2) the Act and published pursuant to section 777(i)(1) 
of the Act.

    Dated: June 27, 2014.
Paul Piquado,
Assistant Secretary for Enforcement and Compliance.
[FR Doc. 2014-15687 Filed 7-2-14; 8:45 am]
BILLING CODE 3510-DS-P