MESSAGE NO: 2274209 DATE: 10 01 2002
CATEGORY: CVD TYPE: FNO
REFERENCE: 2253207 REFERENCE DATE: 09 10 2002
CASES: C - 351 - 833 - -
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PERIOD COVERED: 09 27 2002 TO

LIQ SUSPENSION DATE:

TO: DIRECTORS OF FIELD OPERATIONS
PORT DIRECTORS

FROM: DIRECTOR, SPECIAL ENFORCEMENT

RE: AMENDED FINAL DETERMINATION IN THE COUNTERVAILING DUTY
INVESTIGATION OF WIRE ROD FROM BRAZIL (C-351833)



1. ON SEPTEMBER 27, 2002, THE DEPARTMENT OF COMMERCE PUBLISHED
IN THE FEDERAL REGISTER ITS AMENDED FINAL DETERMINATION IN THE
COUNTERVAILING DUTY INVESTIGATION OF CARBON AND CERTAIN ALLOY
STEEL WIRE ROD FROM BRAZIL (67 FR 61071). THIS IS AN AMENDMENT
TO MESSAGE NO. 2253207 ON 09/10/2002.

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.

3. 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. 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 NFA04-114; (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.

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.

4. FOR FURTHER REPORTING PURPOSES THIS CASE HAS BEEN ASSIGNED
INVESTIGATION NUMBER C-351-833.

5. FOR IMPORTS OF CARBON AND CERTAIN ALLOY STEEL WIRE ROD
FROM BRAZIL, THE CUSTOMS SERVICE SHALL CONTINUE TO SUSPEND
LIQUIDATIONS OF SUCH SHIPMENTS ENTERED OR WITHDRAWN
FROM WAREHOUSE, FOR CONSUMPTION ON OR AFTER AUGUST 30, 2002.

EFFECTIVE SEPTEMBER 27, 2002, CUSTOMS SHALL REQUIRE FOR ENTRIES A
CASH DEPOSIT OR THE POSTING OF A BOND EQUAL TO THE SUBSIDY RATES
SHOWN BELOW:

PRODUCER/EXPORTER: ID NUMBER AD VALOREM RATE
COMPHANIA SIDERURGICA
BELGO-MINEIRA C-351-833-001 6.74
GERDAU, S.A. C-351-833-002 2.76
ALL OTHERS C-351-833-000 5.64

6. 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 MELANI MILLER, OFFICE OF AD/CVD
ENFORCEMENT, IMPORT ADMINISTRATION, INTERNATIONAL TRADE
ADMINISTRATION, U.S. DEPARTMENT OF COMMERCE, AT (202) 482-0116.

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

CATHY SAUCEDA