[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