63 FR 49327 September 15, 1998

DEPARTMENT OF COMMERCE

International Trade Administration
[A-475-820]


Notice of Antidumping Duty Order: Stainless Steel Wire Rod From Italy

AGENCY: Import Administration, International Trade Administration,
Department of Commerce.

EFFECTIVE DATE: September 15, 1998.

FOR FURTHER INFORMATION CONTACT: Shawn Thompson or Irina Itkin, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone: (202) 482-1776 or (202) 482-0656, respectively.

The Applicable Statute

    Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (the Act), are references to the provisions effective
January 1, 1995, the effective date of the amendments made to the Act
by the Uruguay Round Agreements Act (URAA). In addition, unless
otherwise indicated, all citations to the Department's regulations are
to the regulations at 19 CFR part 351, 62 FR 27296 (May 19, 1997).

Scope of Order

    For purposes of this order, stainless steel wire rod (SSWR)
comprises products that are hot-rolled or hot-rolled annealed and/or
pickled and/or descaled rounds, squares, octagons, hexagons or other
shapes, in coils, that may also be coated with a lubricant containing
copper, lime or oxalate. SSWR is made of alloy steels containing, by
weight, 1.2 percent or less of carbon and 10.5 percent or more of
chromium, with or without other elements. These products are
manufactured only by hot-rolling or hot-rolling, annealing, and/or
pickling and/or descaling, are normally sold in coiled form, and are of
solid cross-section. The majority of SSWR sold in the United States is
round in cross-sectional shape, annealed and pickled, and later cold-
finished into stainless steel wire or small-diameter bar.
    The most common size for such products is 5.5 millimeters or 0.217
inches in diameter, which represents the smallest size that normally is
produced on a rolling mill and is the size that most wire-drawing
machines are set up to draw. The range of SSWR sizes normally sold in
the United States is between 0.20 inches and 1.312 inches diameter. Two
stainless steel grades, SF20T and K-M35FL, are excluded from the scope
of the order. The chemical makeup for the excluded grades is as follows:

SF20T

Carbon--0.05 max
Manganese--2.00 max
Phosphorous--0.05 max
Sulfur--0.15 max
Silicon--1.00 max
Chromium--19.00/21.00
Molybdenum--1.50/2.50
Lead--added (0.10/0.30)
Tellurium--added (0.03 min)

K-M35FL

Carbon--0.015 max
Silicon--0.70/1.00
Manganese--0.40 max
Phosphorous--0.04 max
Sulfur--0.03 max
Nickel--0.30 max
Chromium--12.50/14.00
Lead--0.10/0.30
Aluminum--0.20/0.35

    The products subject to this order are currently classifiable under
subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and
7221.00.0075 of the Harmonized Tariff Schedule of the United States
(HTSUS). Although the HTSUS subheadings are provided for convenience
and customs purposes, the written description of the merchandise is
dispositive.

Antidumping Order

    In accordance with section 735(a) of the Act, on July 20, 1998, the
Department made its final determination that SSWR from Italy, is being,
or is likely to be, sold in the United States at less than fair value
(63 FR 40422 (July 29, 1998)). On September 8, 1998, in accordance with
section 735(d) of the Act, the U.S. International Trade Commission
(ITC) notified the Department of its final determination, pursuant to
section 735(b)(1)(A)(i) of the Act, that a U.S. industry is materially
injured by reason of imports of stainless steel wire rod from Italy.
    In accordance with section 736(a)(1) of the Act, the Department
will direct Customs officers to assess, upon further advice by the
administering authority, antidumping duties equal to the amount by
which the normal value of the merchandise exceeds the export price of
the merchandise for all relevant entries of stainless steel wire rod
from Italy, except for imports manufactured and exported by Acciaierie
Valbruna S.r.l. or its subsidiary Acciaierie di Bolzano SpA. For all
other manufacturers/exporters, antidumping duties will be assessed on
all unliquidated entries of stainless steel wire rod from Italy
entered, or withdrawn from warehouse, for consumption on or after March
5, 1998, the date on which the Department published its preliminary
determination notice in the Federal Register (63 FR 10831).
    On or after the date of publication of this notice in the Federal
Register, Customs officers must require, at the same time as importers
would normally deposit estimated duties, the following cash deposits
for the subject merchandise:

---------------------------------------------------------------------
                                                             Cash
Manufacturer/producer/exporter                              deposit
                                                             rate
---------------------------------------------------------------------
Cogne Acciai Speciali S.r.l................................ 12.73
All Others................................................. 12.73
---------------------------------------------------------------------

The ``All Others'' rate applies to all manufacturers/exporters of
stainless steel wire rod not specifically listed above, except for
Acciaierie Valbruna S.r.l. and Acciaierie di Bolzano SpA.
    Article VI (5) of the General Agreement on Tariffs and Trade (1947)
prohibits assessing dumping duties on the portion of the margin
attributable to an export subsidy. In this case, the product under
investigation is subject to a countervailing duty investigation (see
Final Affirmative Countervailing Duty Determination: Certain Stainless
Steel Wire Rod From Italy, 63 FR 40474 (July 29, 1998)). Therefore, for
all entries of SSWR from Italy, entered or withdrawn from warehouse for
consumption on or after the date on which the order in the companion
countervailing duty investigation is published in the Federal Register,
we will request for duty deposit purposes that the Customs Service
deduct the portion of the margin attributable to export subsidies from
the countervailing duty investigation. The antidumping cash deposit
rates, as adjusted for export subsidies, are as follows:

[[Page 49328]]

---------------------------------------------------------------------

                                                             Cash
Manufacturer/producer/exporter                             deposit
                                                             rate
---------------------------------------------------------------------
Cogne Acciai Speciali S.r.l................................ 12.72
All Others................................................. 12.72
---------------------------------------------------------------------

    This notice constitutes the antidumping duty order with respect to
stainless steel wire rod from Italy, pursuant to section 736(a) of the
Act. Interested parties may contact the Central Records Unit, Room B-
099 of the Main Commerce Building, for copies of an updated list of
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the
Act and 19 CFR 351.211.

    Dated: September 10, 1998.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 98-24769 Filed 9-14-98; 8:45 am]
BILLING CODE 3510-DS-P