8650 Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 

Dated: February 16, 2010. 

Donna Wieting, 

Acting Director, Office of Ocean and Coastal 

Resource Management, National Ocean 

Service, National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2010–3793 Filed 2–24–10; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

(A–274–804) 

Carbon and Certain Alloy Steel Wire 

Rod from Trinidad and Tobago; Final 

Results of Antidumping Duty 

Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On November 9, 2009, the 

Department of Commerce (the 

Department) published in the Federal 

Register the preliminary results of the 

administrative review of the 

antidumping duty order on carbon and 

certain alloy steel wire rod from 

Trinidad and Tobago. See Carbon and 

Certain Alloy Steel Wire Rod From 

Trinidad and Tobago; Preliminary 

Results of Antidumping Duty 

Administrative Review, 74 FR 57648 

(November 9, 2009) (Preliminary 

Results). We gave interested parties an 

opportunity to comment on the 

Preliminary Results, and received no 

comments. 

EFFECTIVE DATE: February 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Dennis McClure or Jolanta Lawska, AD/ 

CVD Operations, Office 3, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–5973 or (202) 482– 

8362, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 9, 2009, the Department 

published the preliminary results of 

administrative review of the 

antidumping duty order covering carbon 

and certain alloy steel wire rod from 

Trinidad and Tobago. See Preliminary 

Results. The parties subject to this 

review are ArcelorMittal Point Lisas 

Limited, and its affiliate ArcelorMittal 

International America LLC (collectively, 

AMPL). The petitioners in this 

proceeding are ISG Georgetown Inc., 

Nucor Steel Connecticut Inc., Keystone 

Consolidated Industries Inc., and Rocky 

Mountain Steel Mills. 

In the Preliminary Results, the 

Department stated that interested parties 

were to submit case briefs within 30 

days of publication of the Preliminary 

Results and rebuttal briefs within five 

days of the due date for filing case 

briefs. See Preliminary Results at 57652. 

No interested party submitted a case or 

rebuttal brief. We have made no changes 

since the Preliminary Results were 

published. 

Period of Review 

The period of review (POR) is October 

1, 2007, through September 30, 2008. 

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. 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. 

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 

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 grade 1080 tire cord 

quality wire rod and 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 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices 8651 

1As a result of a typographical error, this HTSUS 

subheading appeared as ‘‘721.39.3093’’ in the 

Preliminary Results. 

2As a result of a typographical error, this HTSUS 

subheading appeared as ‘‘7227.20.000’’ in the 

Preliminary Results. 

3Effective July 1, 2008, U.S. Customs and Border 

Protection (CBP) reclassified certain HTSUS 

numbers related to the subject merchandise. See 

http://www.usitc.gov/publications/docs/tata/hts/ 

bychapter/0810chgs.pdf. 

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 merchandise subject to this order 

are classifiable under subheadings 

7213.91.3000, 7213.91.3010, 

7213.91.3011, 7213.91.3015, 

7213.91.3020, 7213.91.3090, 

7213.91.3091, 7213.91.3092, 

7213.91.3093,1 7213.91.4500, 

7213.91.4510, 7213.91.4590, 

7213.91.6000, 7213.91.6010, 

7213.91.6090, 7213.99.0030, 

7213.99.0031, 7213.99.0038, 

7213.99.0090, 7227.20.0000,2

7227.20.0010, 7227.20.0020, 

7227.20.0030, 7227.20.0080, 

7227.20.0090, 7227.20.0095, 

7227.90.6010, 7227.90.6020, 

7227.90.6085, 7227.90.6050, 

7227.90.6051, 7227.90.6053, 

7227.90.6058, 7227.90.6059, 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 order is dispositive.3

Final Results of Review 

The Department has determined that 

the following margins exist for the 

period October 1, 2007, through 

September 30, 2008: 

Manufacturer / Exporter Weighted Average 

Margin (percentge) 

AMPL ............................ 23.95 

Assessment Rates 

Pursuant to these final results, the 

Department has determined, and CBP 

shall assess, antidumping duties on all 

appropriate entries. The Department 

intends to issue assessment instructions 

for AMPL to CBP 15 days after the date 

of publication of these final results. 

Pursuant to 19 CFR 351.212(b)(1), we 

calculated importer–specific (or 

customer–specific) ad valorem duty 

assessment rates based on the ratio of 

the total amount of the dumping 

margins calculated for the examined 

sales to the total entered value of those 

same sales. We will instruct CBP to 

assess antidumping duties on all 

appropriate entries covered by this 

review if any importer–specific (or 

customer–specific) assessment rates 

calculated in the final results of this 

review are above de minimis. 

The Department clarified its 

‘‘automatic assessment’’ regulation on 

May 6, 2003. See Antidumping and 

Countervailing Duty Proceedings: 

Assessment of Antidumping Duties, 68 

FR 23954 (May 6, 2003) (Assessment of 

Antidumping Duties). This clarification 

will apply to entries of subject 

merchandise during the POR produced 

by AMPL for which AMPL did not 

know the merchandise was destined for 

the United States. In such instances, we 

will instruct CBP to liquidate un– 

reviewed entries at the 11.40 percent 

all–others rate if there is no companyspecific rate for an intermediary 

involved in the transaction. See Notice 

of Antidumping Duty Orders: Carbon 

and Certain Alloy Steel Wire Rod from 

Brazil, Indonesia, Mexico, Moldova, 

Trinidad and Tobago, and Ukraine, 67 

FR 65945, 65947 (October 29, 2002) 

(Wire Rod Orders) (establishing an all– 

others rate of 11.40 percent). See 

Assessment of Antidumping Duties for a 

full discussion of this clarification. 

Cash Deposit Requirements 

Furthermore, the following deposit 

requirements will be effective upon 

publication of these final results for all 

shipments of wire rod from Trinidad 

and Tobago entered, or withdrawn from 

warehouse, for consumption on or after 

the publication date of the final results 

of this administrative review, as 

provided by section 751(a)(1) of the 

Tariff Act of 1930, as amended (the Act): 

(1) the cash deposit rate for AMPL will 

be the rate established in the final 

results of review; (2) if the exporter is 

not a firm covered in this review or the 

less–than-fair–value (LTFV) 

investigation, but the manufacturer is, 

the cash deposit rate will be the rate 

established for the most recent period 

for the manufacturer of the 

merchandise; and (3) if neither the 

exporter nor the manufacturer is a firm 

covered in this or any previous review 

conducted by the Department, the cash 

deposit rate will be the all–others rate 

of 11.40 percent ad valorem from the 

LTFV investigation. See Wire Rod 

Orders at 65947. These deposit 

requirements, when imposed, 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)(2) to file a certificate 

regarding the reimbursement of 

antidumping duties prior to liquidation 

of the relevant entries during this POR. 

Failure to comply with this requirement 

could result in the Secretary’s 

presumption that reimbursement of 

antidumping duties occurred and the 

subsequent assessment of doubled 

antidumping duties. See 19 CFR 

351.402(f)(3). 

Administrative Protective Orders 

This notice also serves as a reminder 

to parties subject to administrative 

protective orders (APO) of their 

responsibility concerning the return or 

destruction of proprietary information 

disclosed under APO in accordance 

with 19 CFR 351.305(a)(3), which 

continues to govern business 

proprietary information in this segment 

of the proceeding. 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 terms of an APO is a violation 

which is subject to sanction. 

We are issuing and publishing this 

notice in accordance with sections 

751(a)(1) and 777(i) of the Act. 

Dated: February 19, 2010. 

Ronald K. Lorentzen, 

Deputy Assistant Secretary for Import 

Administration. 

[FR Doc. 2010–3884 Filed 2–24–10; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Docket 10–2010] 

Foreign-Trade Zone 21—Charleston, 

SC, Application for Subzone, Luigi 

Bormioli Corporation (Glassware), 

Barnwell, SC 

An application has been submitted to 

the Foreign-Trade Zones Board (the 

Board) by the South Carolina State Ports 

Authority, grantee of FTZ 21, requesting 

special-purpose subzone status for the 

warehousing and distribution facility of 

Luigi Bormioli Corporation (Luigi 

Bormioli), located in Barnwell, South 

Carolina. The application was submitted 


jlentini on DSKJ8SOYB1PROD with NOTICES