[Federal Register: March 13, 2008 (Volume 73, Number 50)]
[Notices]
[Page 13532-13534]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13mr08-44]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-201-830]
Carbon and Certain Alloy Steel Wire Rod from Mexico: Notice of
Final Results of Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On November 7, 2007, the Department of Commerce (``the
Department'') published the preliminary results of its fourth
administrative review of the antidumping duty order on carbon and
certain alloy steel wire rod from Mexico. The review covers one
producer of the subject merchandise, Hylsa Puebla, S.A. de C.V.
(``Hylsa''). The period of review (``POR'') is October 1, 2005, through
September 30, 2006. Based on our analysis of comments received, these
final results differ from the preliminary results. The final results
are listed below in the ``Final Results of Review'' section.
EFFECTIVE DATE: March 13, 2008
FOR FURTHER INFORMATION CONTACT: John Conniff or Jolanta Lawska, Office
3, Operations, Import Administration, International Trade
Administration, U.S. Department of Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230; telephone (202) 482-1009 or (202)
482-8362, respectively.
SUPPLEMENTARY INFORMATION:
Background
On November 7, 2007, the Department published in the Federal
Register the preliminary results of the fourth administrative review of
the antidumping duty order on carbon and certain alloy steel wire rod
from Mexico. See Preliminary Results of Antidumping Duty Administrative
Review: Carbon and Certain Steel Alloy Steel Wire Rod from Mexico, 72
FR 62820 November 7, 2007 (``Preliminary Results).
We invited parties to comment on the Preliminary Results. On
December 7, 2007, we received case briefs from Hylsa and
petitioners.\1\ On December 12, 2007, Hylsa and petitioners submitted
rebuttal briefs. No party requested a hearing.
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\1\ Petitioners are Mittal Steel USA Inc. - Georgetown, Gerdau
USA Inc., Nucor Steel Connecticut Inc., Keystone Consolidated
Industries Inc., and Rocky Mountain Steel Mills.
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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.
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
[[Page 13533]]
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.\2\
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\2\ Effective January 1, 2006, U.S. Customs and Border
Protection (CBP) reclassified certain HTSUS numbers related to the
subject merchandise. See http: //hotdocs.usitc.gov/ tariff--
chapters--current/toc.html.
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Analysis of Comments Received
All issues raised in the case and rebuttal brief by parties to this
administrative review are addressed in the accompanying Issues and
Decision Memorandum, to David M. Spooner, Assistant Secretary for
Import Administration, from Stephen J. Claeys, Deputy Assistant
Secretary (``Wire Rod Decision Memorandum''), which is hereby adopted
by this notice. A list of the issues addressed in the Wire Rod Decision
Memorandum is appended to this notice. The Wire Rod Decision Memorandum
is on file in the Central Records Unit in Room 1117 of the main
Commerce building, and can also be accessed directly on the Web at
www.ia.ita.doc.gov/frn. The paper copy and electronic version of the
Wire Rod Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on our analysis of comments received for Hylsa, we have
recalculated Hylsa's credit expenses incurred in the home market.
Hylsa's adjustments are discussed in detail in the accompanying Wire
Rod Decision Memorandum. See March 6, 2008, Final Calculation
Memorandum for Hylsa.
Final Results of Review
As a result of our review, we determine that the following
weighted-average margin exists for the period October 01, 2005, through
September 30, 2006:
------------------------------------------------------------------------
Weighted-Average
Producer Margin
(Percentage)
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Hylsa............................................... 17.94
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Assessment Rate
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). For Hylsa, the
Department has calculated importer-specific duty assessment rate on the
basis of the ratio of the total amount of antidumping duties calculated
for the examined sales to the total entered value of the examined sales
for that importer. Where the assessment rate is above de minimis, we
will instruct CBP to assess duties on all entries of subject
merchandise by that importer. Pursuant to 19 CFR 356.8, the Department
shall not order liquidation until the ``forty-first day after the date
of publication of the notice . . .'' following an administrative review
of merchandise exported from Canada or Mexico. Accordingly, the
Department will issue appropriate assessment instructions directly to
CBP 41 days after the publication of these final results of review.
See, e.g., Notice of Final Results of Antidumping Duty Administrative
Review: Certain Softwood Lumber Products From Canada, 70 FR 73437,
73443 (December 12, 2005).
Cash Deposit Requirements
The following deposit requirements will be effective upon
publication of the final results of this administrative review for all
shipments of carbon and certain alloy steel wire rod from Mexico
entered, or withdrawn from warehouse, for consumption on or after the
publication date of these final results, as provided by section 751(a)
of the Tariff Act of 1930, as amended (``the Act''): (1) for Hylsa, the
cash deposit rate will be the rate listed above; (2) for merchandise
exported by producers or exporters not covered in this review but
covered a prior segment, the cash deposit rate will continue to be the
company-specific rate from the final results; (3) if the exporter is
not a firm covered in this review or a prior segment, but the producer
is, the cash deposit rate will be that established for the producer of
the merchandise in these final results of review or in the final
determination; and (4) if neither the exporter nor the producer is a
firm covered in this review or the investigation, the cash deposit rate
will be 17.70 percent, the all-others rate established in the less-
than-fair-value investigation. These deposit requirements shall remain
in effect until further notice.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this review period. Failure to comply with this
requirement
[[Page 13534]]
could result in the Secretary's presumption that reimbursement of
antidumping duties occurred and the subsequent increase in antidumping
duties by the amount of antidumping duties reimbursed.
Administrative Protective Order
This notice also is the only reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. 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 the terms of an APO is a sanctionable
violation.
We are issuing and publishing these results and notice in
accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Dated: March 6, 2008.
David M. Spooner,
Assistant Secretaryfor Import Administration.
APPENDIX
I. List of Comments:
Hylsa Puebla S.A. de C.V. (``Hylsa'')
Comment 1: Treatment of Sales with Negative Dumping Margins
(``Zeroing'')
Comment 2: Calculation of Home Market Credit Expenses
Comment 3: Treatment of Dollar-Denominated Home Market Sales
[FR Doc. E8-5046 Filed 3-12-08; 8:45 am]