[Federal Register: March 30, 2007 (Volume 72, Number 61)]
[Notices]
[Page 15102-15103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr07-38]
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DEPARTMENT OF COMMERCE
International Trade Administration
A-122-840
Notice of Final Results of Antidumping Duty Changed Circumstances
Review: Carbon and Certain Alloy Steel Wire Rod from Canada
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (the ``Department'') has determined
that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-interest to
Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a division of Sivaco
Wire Group 2004 L.P., is the successor-in-interest to Ivaco Inc. As a
result, Ivaco Rolling Mills 2004 L.P., and Sivaco Ontario, a division
of Sivaco Wire Group 2004 L.P., (collectively ``Ivaco'') should receive
the same antidumping duty treatment with respect to carbon and certain
alloy steel wire rod from Canada as Ivaco Rolling Mills L.P. and Ivaco
Inc. as of the date of publication of this notice in the Federal
Register.
EFFECTIVE DATE: March 30, 2007.
FOR FURTHER INFORMATION CONTACT: Damian Felton or Brandon Farlander,
AD/CVD Operations, Office 1, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street and
Constitution Avenue, NW, Washington, DC 20230; telephone (202) 482-0133
and (202) 482-0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
In its January 12, 2006 response to Section A of the Department's
questionnaire in the 3rd administrative review, Ivaco notified the
Department that the assets of Ivaco, Inc. and all of its divisions
(e.g., Sivaco Ontario, and Sivaco Quebec) had been purchased on
December 1, 2004. As a result, the Department self-initiated a changed
circumstances review of the antidumping duty order on carbon and
certain alloy steel wire rod from Canada. See Preliminary Results of
Antidumping Duty Administrative Review and Notice of Initiation of
Changed Circumstances Review: Carbon and Certain Alloy Steel Wire Rod
from Canada, 71 FR 64921 (November 6, 2006). On June 1, 2006, and
October 27, 2006, the Department issued Ivaco supplemental
questionnaires requesting further details on Ivaco's successor-in-
interest claims. The company's responses were received by the
Department on July 6, 2006, and November 20, 2006.
On December 14, 2006, the Department published the preliminary
results of this changed circumstances review and preliminarily
determined that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-
interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a
division of Sivaco Wire Group 2004 L.P., is the successor-in-interest
to Ivaco Inc. See Preliminary Results of Antidumping Duty Changed
Circumstances Review: Carbon and Certain Alloy Steel Wire Rod from
Canada, 71 FR 75229 (December 14, 2006) (``Preliminary Results''). As a
result, Ivaco Rolling Mills 2004 L.P., and Sivaco Ontario, a division
of Sivaco Wire Group 2004 L.P., should receive the same antidumping
duty treatment with respect to carbon and certain alloy steel wire rod
from Canada as Ivaco Rolling Mills L.P. and Ivaco Inc. In the
Preliminary Results, we stated that interested parties could request a
hearing or submit case briefs and/or written comments to the Department
no later than 30 days after publication of the Preliminary Results
notice in the Federal Register, and submit rebuttal briefs, limited to
the issues raised in the case briefs, five days subsequent to the due
date of the case briefs. See Preliminary Results, 71 FR at 75231. 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 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:
[[Page 15103]]
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 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 the order are currently classifiable under
subheadings 7213.91.3010, 7213.91.3090, 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, 7227.90.6051,
7227.90.6053, 7227.90.6058, and 7227.90.6059 of the HTSUS. Although the
HTSUS subheadings are provided for convenience and customs purposes,
the written description of the scope of the order is dispositive.
Final Results of Changed Circumstances Review
Based on the information provided by Ivaco, and the fact that the
Department did not receive any comments during the comment period
following the preliminary results of this review, the Department hereby
determines that (1) Ivaco Rolling Mills 2004 L.P. is the successor-in-
interest to Ivaco Rolling Mills L.P.; and (2) Sivaco Ontario, a
division of Sivaco Wire Group 2004 L.P., is the successor-in-interest
to Ivaco Inc. 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 suspend liquidation of all shipments of the subject
merchandise produced and exported by Ivaco entered, or withdrawn from
warehouse, for consumption, on or after the publication date of this
notice and apply a cash deposit rate of 3.08 percent (i.e., Ivaco
Rolling Mills L.P. and Ivaco Inc.'s cash deposit rate). This deposit
rate shall remain in effect until publication of the final results of
the ongoing administrative review, in which Ivaco is participating.
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) of
the Tariff Act of 1930, as amended, and section 351.216(e) of the
Department's regulations.
Dated: March 22, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
[FR Doc. E7-5866 Filed 3-29-07; 8:45 am]
BILLING CODE 3510-DS-S