[Federal Register Volume 61, Number 216 (Wednesday, November 6, 1996)]
[Notices]
[Pages 57449-57451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28535]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-TA-744 (Final)]
Certain Brake Drums and Rotors From China
AGENCY: United States International Trade Commission.
[[Page 57450]]
ACTION: Scheduling of the final phase of an antidumping investigation.
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SUMMARY: The Commission hereby gives notice of the scheduling of the
final phase of antidumping investigation No. 731-TA-744 (Final) under
section 735(b) of the Tariff Act of 1930 (19 U.S.C. Sec. 1673d(b)) (the
Act) to determine whether an industry in the United States is
materially injured or threatened with material injury, or the
establishment of an industry in the United States is materially
retarded, by reason of less-than-fair-value imports from the People's
Republic of China (China) of certain brake drums and rotors, provided
for in subheading 8708.39.50 of the Harmonized Tariff Schedule of the
United States.1
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1 For purposes of this investigation, Commerce has defined the
subject brake drums as being made of:
``Gray cast iron, whether finished, semifinished, or unfinished,
ranging in diameter from 8 to 16 inches (20.32 to 40.64 centimeters)
and in weight from 8 to 45 pounds (3.63 to 20.41 kilograms). The
size parameters (weight and dimension) of the brake drums limit
their use to the following types of motor vehicles: automobiles,
all-terrain vehicles, vans and recreational vehicles under `one ton
and a half,' and light trucks designated as `one ton and a half.'
Finished brake drums are those that are ready for sale and
installation without any further operations. Semi-finished drums are
those on which the surface is not entirely smooth, and has undergone
some drilling. Unfinished drums are those which have undergone some
grinding or turning.
These brake drums are for motor vehicles, and do not contain in
the casting a logo of an original equipment manufacturer (OEM) which
produces vehicles sold in the United States (e.g., General Motors,
Ford, Chrysler, Honda, Toyota, Volvo). Brake drums covered in this
investigation are not certified by OEM producers of vehicles sold in
the United States. The scope also includes composite brake drums
that are made of gray cast iron, which contain a steel plate, but
otherwise meet the above criteria.''
Commerce has defined the subject brake rotors as being made of:
``Gray cast iron, whether finished, semifinished, or unfinished,
ranging in diameter from 8 to 16 inches (20.32 to 40.64 centimeters)
and in weight from 8 to 45 pounds (3.63 to 20.41 kilograms). The
size parameters (weight and dimension) of the brake rotors limit
their use to the following types of motor vehicles: automobiles,
all-terrain vehicles, vans and recreational vehicles under `one ton
and a half,' and light trucks designated as `one ton and a half.'
Finished brake rotors are those that are ready for sale and
installation without any further operations. Semi-finished rotors
are those on which the surface is not entirely smooth, and has
undergone some drilling. Unfinished rotors are those which have
undergone some grinding or turning.
These brake rotors are for motor vehicles, and do not contain in
the casting a logo of an original equipment manufacturer (OEM) which
produces vehicles sold in the United States (e.g., General Motors,
Ford, Chrysler, Honda, Toyota, Volvo). Brake rotors covered in this
investigation are not certified by OEM producers of vehicles sold in
the United States. The scope also includes composite brake rotors
that are made of gray cast iron, which contain a steel plate, but
otherwise meet the above criteria.''
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For further information concerning the conduct of this phase of the
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 207, subparts A and C
(19 CFR part 207), as amended by 61 FR 37818, July 22, 1996.
EFFECTIVE DATE: October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Jim McClure (202-205-3191), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov or ftp://ftp.usitc.gov).
SUPPLEMENTARY INFORMATION:
Background
The final phase of this investigation is being scheduled as a
result of an affirmative preliminary determination by the Department of
Commerce that imports of certain brake drums and rotors from China are
being sold in the United States at less than fair value within the
meaning of section 733 of the Act (19 U.S.C. Sec. 1673b). The
investigation was requested in a petition filed on March 7, 1996, by
the Coalition for the Preservation of American Brake Drum and Rotor
Aftermarket Manufacturers, whose members consist of Brake Parts, Inc.,
McHenry, IL; Kinetic Parts Manufacturing, Inc., Harbor City, CA;
Iroquois Tool Systems, Inc., North East, PA; and Wagner Brake
Corporation, St. Louis, MO.
Participation in the Investigation and Public Service List
Persons, including industrial users of the subject merchandise and,
if the merchandise is sold at the retail level, representative consumer
organizations, wishing to participate in the final phase of this
investigation as parties must file an entry of appearance with the
Secretary to the Commission, as provided in section 201.11 of the
Commission's rules, no later than 21 days prior to the hearing date
specified in this notice. A party that filed a notice of appearance
during the preliminary phase of the investigation need not file an
additional notice of appearance during this final phase. The Secretary
will maintain a public service list containing the names and addresses
of all persons, or their representatives, who are parties to the
investigation.
Limited Disclosure of Business Proprietary Information (BPI) Under an
Administrative Protective Order (APO) and BPI Service List
Pursuant to section 207.7(a) of the Commission's rules, the
Secretary will make BPI gathered in the final phase of this
investigation available to authorized applicants under the APO issued
in the investigation, provided that the application is made no later
than 21 days prior to the hearing date specified in this notice.
Authorized applicants must represent interested parties, as defined by
19 U.S.C. Sec. 1677(9), who are parties to the investigation. A party
granted access to BPI in the preliminary phase of the investigation
need not reapply for such access. A separate service list will be
maintained by the Secretary for those parties authorized to receive BPI
under the APO.
Staff Report
The prehearing staff report in the final phase of this
investigation will be placed in the nonpublic record on February 13,
1997, and a public version will be issued thereafter, pursuant to
section 207.22 of the Commission's rules.
Hearing
The Commission will hold a hearing in connection with the final
phase of this investigation beginning at 9:30 a.m. on February 28,
1997, at the U.S. International Trade Commission Building. Requests to
appear at the hearing should be filed in writing with the Secretary to
the Commission on or before February 18, 1997. A nonparty who has
testimony that may aid the Commission's deliberations may request
permission to present a short statement at the hearing. All parties and
nonparties desiring to appear at the hearing and make oral
presentations should attend a prehearing conference to be held at 9:30
a.m. on February 20, 1997, at the U.S. International Trade Commission
Building. Oral testimony and written materials to be submitted at the
public hearing are governed by sections 201.6(b)(2), 201.13(f), and
207.24 of the Commission's rules. Parties must submit any request to
present a portion of their hearing testimony in camera no later than 7
days prior to the date of the hearing.
[[Page 57451]]
Written Submissions
Each party who is an interested party shall submit a prehearing
brief to the Commission. Prehearing briefs must conform with the
provisions of section 207.23 of the Commission's rules; the deadline
for filing is February 21, 1997. Parties may also file written
testimony in connection with their presentation at the hearing, as
provided in section 207.24 of the Commission's rules, and posthearing
briefs, which must conform with the provisions of section 207.25 of the
Commission's rules. The deadline for filing posthearing briefs is March
6, 1997; witness testimony must be filed no later than three days
before the hearing. In addition, any person who has not entered an
appearance as a party to the investigation may submit a written
statement of information pertinent to the subject of the investigation
on or before March 6, 1997. On March 25, 1997, the Commission will make
available to parties all information on which they have not had an
opportunity to comment. Parties may submit final comments on this
information on or before March 27, 1997, but such final comments must
not contain new factual information and must otherwise comply with
section 207.30 of the Commission's rules. All written submissions must
conform with the provisions of section 201.8 of the Commission's rules;
any submissions that contain BPI must also conform with the
requirements of sections 201.6, 207.3, and 207.7 of the Commission's
rules.
In accordance with sections 201.16(c) and 207.3 of the Commission's
rules, each document filed by a party to the investigation must be
served on all other parties to the investigation (as identified by
either the public or BPI service list), and a certificate of service
must be timely filed. The Secretary will not accept a document for
filing without a certificate of service.
Authority: This investigation is being conducted under authority
of title VII of the Tariff Act of 1930; this notice is published
pursuant to section 207.21 of the Commission's rules.
Issued: October 30, 1996.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 96-28535 Filed 11-5-96; 8:45 am]
BILLING CODE 7020-02-P