[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)] [Notices] [Pages 15655-15657] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-8390] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE [A-570-846] Notice of Amended Final Determination of Sales at Less Than Fair Value: Brake Rotors From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 2, 1997. FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Michelle A. Frederick, Office of AD/CVD Enforcement, Import Administration, International Trade Administration, Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202) 482-1766 or (202) 482-0186, respectively. [[Page 15656]] The Applicable Statute Unless otherwise indicated, all citations to the statute are references to the provisions effective January 1, 1995, the effective date of the amendments made to the Tariff Act of 1930 (the Act) by the Uruguay Rounds Agreements Act. Amendment to the Final Determination We are amending the final determination of sales at less than fair value of brake rotors from the People's Republic of China (the PRC) to reflect the correction of ministerial errors made in the margin calculations in that determination. We are publishing this amendment to the final determination in accordance with 19 CFR 353.28(c). Case History and Amendment of the Brake Rotors Final Determination On February 24, 1997, the Department of Commerce (the Department) issued final determinations, pursuant to section 735 of the Act, that brake drums and brake rotors from the PRC are being, or are likely to be sold in the United States at less than fair value. See Final Determinations of Sales at Less Than Fair Value: Brake Drums and Brake Rotors from the People's Republic of China, 62 FR 9160 (February 28, 1997). On March 10, 13 and 14, 1997, certain respondents 1 and the petitioner submitted allegations that ministerial errors were made in the Department's brake rotors final determination. Neither the respondents nor the petitioner alleged the existence of ministerial errors in the Department's final determination in the companion brake drums case. --------------------------------------------------------------------------- \1\ These respondents are China National Automotive Industry & Export Corporation and Laizhou CAPCO Machinery Co., Ltd. (collectively CAIEC/Laizhou CAPCO); Shenyang Honbase Machinery Co., Ltd. and Lai Zhou Luyuan Automobile Fittings Co., Ltd. (collectively Shenyang/Lai Zhou); and Southwest Technical Import & Export Corporation (Southwest). --------------------------------------------------------------------------- A ``ministerial error'' is defined under 19 CFR 353.28 as: ``an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the Secretary considers ministerial.'' 19 CFR 353.28(d). The Department's regulations provide that the Department will correct any ministerial error by amending the final determination. Below, we discuss only those ministerial error allegations with which we agree, and which resulted in a change to a respondent's antidumping margin. Only Southwest made such an allegation. For a further discussion of these and all other ministerial error allegation made in this case, see March 25, 1997, Memorandum to Richard W. Moreland, Acting Deputy Assistant Secretary, Import Administration. Southwest Southwest alleged that the Department erred in its valuation and/or calculations of scrap value, rustproofing oil, and freight cost for coke. We agree and have therefore made the necessary corrections in the margin program for these errors. Conclusion As described above, after reviewing the interested parties' allegations of clerical errors, we have amended the calculation of the antidumping margin for Southwest. Because of the change to the Southwest rate, we have also revised the margin for those respondents whose responses were not examined in this investigation. Suspension of Liquidation In accordance with section 735(d) of the Act, we are directing the Customs Service to continue to suspend liquidation of all entries of brake rotors from the PRC exported by companies listed below, that are entered, or withdrawn from warehouse, for consumption on or after October 10, 1996, the date on which the Department published its preliminary determination. On or after the date of publication of this notice in the Federal Register, the Customs Service will require a cash deposit or posting of a bond equal to the estimated dumping margins by which the normal value exceeds the U.S. price, as shown below. These suspension of liquidation instructions will remain in effect until further notice. Suspension of liquidation instructions for firms not listed below remain as described in our original notice of final determination. 62 FR 9160 (February 28, 1997). The amended weighted-average dumping margins for the brake rotors respondents are as follows: ------------------------------------------------------------------------ Weighted- average Manufacturer/producer/exporter margin percentage ------------------------------------------------------------------------ Southwest.................................................. 16.07 Respondents Not Selected: Hebei Metals and Minerals Import & Export Corporation.. 8.51 Jilin Provincial Machinery & Equipment Import & Export Corporation........................................... 8.51 Shandong Jiuyang Enterprise Corporation................ 8.51 Longjing Walking Tractor Works Foreign Trade Import & Export Corporation.................................... 8.51 Qingdao Metals, Minerals & Machinery Import & Export Corporation........................................... 8.51 Shanxi Machinery and Equipment Import & Export Corporation........................................... 8.51 Xianghe Zichen Casting Corporation..................... 8.51 Yenhere Corporation.................................... 8.51 ------------------------------------------------------------------------ [[Page 15657]] This amended final determination is published pursuant to section 735(e) of the Act. Dated: March 27, 1997. Robert S. LaRussa, Acting Assistant Secretary for Import Administration. [FR Doc. 97-8390 Filed 4-1-97; 8:45 am] BILLING CODE 3510-DS-P