MESSAGE NO: 2121201 DATE: 05 01 2002
CATEGORY: ADA TYPE: PRE
REFERENCE: REFERENCE DATE:
CASES: A - 274 - 804 - -
- - - -
- - - -

PERIOD COVERED: 01 10 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, TRADE ENFORCEMENT & CONTROL

RE: PRELIMINARY DETERMINATION IN THE DUMPING INVESTIGATION OF
WIRE ROD FROM TRINIDAD AND TOBAGO (A-274-804)



1. ON APRIL 10, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED IN THE
FEDERAL REGISTER ITS PRELIMINARY DETERMINATION OF SALES AT LESS
THAN FAIR VALUE AND THE POSTPONEMENT OF THE FINAL DETERMINATION
IN THE ANTIDUMPING DUTY INVESTIGATION OF CARBON AND CERTAIN ALLOY
STEEL WIRE ROD FROM TRINIDAD AND TOBAGO.

2. THE MERCHANDISE COVERED BY THIS INVESTIGATION 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 INCLUSIONS GREATER THAN
20 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
INCLUSIONS GREATER THAN 20 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).

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 INVESTIGATION 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 THIS
PROCEEDING IS DISPOSITIVE.

3. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER A-274-804.

4. BECAUSE THE DEPARTMENT HAS PRELIMINARILY DETERMINED THAT
CRITICAL CIRCUMSTANCES EXIST FOR IMPORTS OF CARBON AND CERTAIN
ALLOY STEEL WIRE ROD FROM TRINIDAD AND TOBAGO, 67 FR 6224, THE
CUSTOMS SERVICE SHALL SUSPEND LIQUIDATIONS OF ALL SUCH SHIPMENTS
ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER
JANUARY 10, 2002, WHICH IS 90 DAYS PRIOR TO THE DATE OF
PUBLICATION OF THE PRELIMINARY DETERMINATION IN THE FEDERAL
REGISTER.

EFFECTIVE JANUARY 10, 2002, CUSTOMS SHALL REQUIRE, FOR SUCH
ENTRIES, A CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE
MARGINS SHOWN BELOW:

MFR/PRODUCER CUSTOMS ID MARGIN
EXPORTER NUMBER PERCENTAGE

CARIBBEAN ISPAT LIMITED A-274-804-001 12.38

ALL OTHERS A-274-804-000 12.38

5. IF THERE ARE ANY QUESTIONS REGARDING THIS MATTER BY CUSTOMS
OFFICERS, PLEASE CONTACT, VIA E-MAIL, THROUGH THE APPROPRIATE
SUPERVISORY CHANNELS, OTHER GOVERNMENT AGENCY LIAISON, USING THE
ATTRIBUTE "HQ OAB." THE IMPORTING PUBLIC AND OTHER INTERESTED
PARTIES SHOULD CONTACT MAGD ZALOK, OFFICE OF AD/CVD ENFORCEMENT,
IMPORT ADMINISTRATION, INTERNATIONAL TRADE ADMINISTRATION, U.S.
DEPARTMENT OF COMMERCE, AT (202) 482-4162.

6. THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.

PAUL SCHWARTZ