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