MESSAGE NO: 2255218
DATE: 09 12 2002
CATEGORY: ADA
TYPE: ADM
REFERENCE:
REFERENCE DATE:
CASES:
A - 122 - 840
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PERIOD COVERED:
08 30 2002
TO
LIQ SUSPENSION DATE:
TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS
FROM: DIRECTOR, SPECIAL ENFORCEMENT
RE: FINAL DETERMINATION IN THE ANTIDUMPING DUTY
INVESTIGATION OF CARBON AND CERTAIN ALLOY STEEL WIRE
ROD FROM CANADA (A-122-840)
1.
ON AUGUST 30, 2002, THE DEPARTMENT OF COMMERCE WILL PUBLISH
IN THE FEDERAL REGISTER ITS FINAL DETERMINATION OF SALES AT LESS
THAN FAIR VALUE IN THE ANTIDUMPING INVESTIGATION OF CARBON AND
CERTAIN ALLOY STEEL WIRE ROD FROM CANADA.
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 0.15PERCENT, 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-122-840.
4.
FOR IMPORTS OF CARBON AND CERTAIN ALLOY STEEL WIRE ROD,
EXCEPT FOR IMPORTS PRODUCED BY STELCO, INC. AND STELWIRE, LTD .
THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND LIQUIDATION OF SUCH
SHIPMENTS ENTERED OR WITHDRAWN FROM WAREHOUSE, FOR CONSUMPTION ON
OR APRIL 10, 2002.
EFFECTIVE AUGUST 30, 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 NUMBER
MARGIN
EXPORTER
PERCENTAGE
ISPAT SIBDEC INC.
A-122-840-001
2.54
(IVACO GROUP)
IVACO INC.
A-122-840-002
13.35
IVACO ROLLING MILLS
A-122-840-003
13.35
STELCO
A-122-840-004
0.00
(STELCO GROUP)
STELWIRE, LTD.
A-122-840-005
0.00
SIVACO ONTARIO
A-122-840-006
13.35
ALL OTHERS
A-122-840-000
9.91
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 AMBER MUSSER, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-1777.
6.
THERE ARE NO RESTRICTIONS ON THE RELEASE OF THIS INFORMATION.
CATHY SAUCEDA