[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Notices]
[Pages 18650-18651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9844]


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INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-A-744 (Final)]


Certain Brake Drums and Rotors From China

Determinations

    On the basis of the record 1 developed in the subject 
investigation, the United States International Trade Commission 
determines, pursuant to section 735(b) of the Tariff Act of 1930 (19 
U.S.C. 1673d(b)) (the Act), that an industry in the United States is 
not materially injured or threatened with material injury, and the 
establishment of an industry in the United States is not materially 
retarded by reason of imports from China of certain brake drums that 
have been found by the Department of Commerce to be sold in the United 
States at less than fair value (LTFV). The Commission also 
determines,2 pursuant to section 735(b) of the Act (19 U.S.C. 
1673d(b)), that an industry in the United States is materially injured 
by reason of imports from China of certain brake rotors that have been 
found by the Department of Commerce to be sold in the United States at 
LTFV. The Commission, with respect to imports of certain brake rotors 
and pursuant to section 735(b)(4)(A) of the Act (19 U.S.C. 
1673d(b)(4)(A)), makes a negative determination regarding critical 
circumstances. Both certain brake drums and rotors are provided for in 
subheading 8708.39.50 of the Harmonized Tariff Schedule of the United 
States.3
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    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
    \2\ Commissioner Carol T. Crawford dissenting.
    \3\ For purposes of this investigation, the subject brake drums 
are defined by Commerce 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. Semifinished 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.''
    The subject brake rotors are defined by Commerce 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. Semifinished 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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Background

    The Commission instituted this investigation effective March 7, 
1996, following receipt of a petition filed with the Commission and the 
Department of Commerce by counsel for the Coalition for the 
Preservation of American Brake Drum & Rotor Aftermarket 
Manufacturers.4 The final phase of the investigation was scheduled 
by the Commission following notification of a preliminary determination 
by the Department of Commerce that imports of certain brake drums and 
rotors from China were being sold at LTFV within the meaning of section 
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the 
Commission's investigation and of a public hearing to be held in 
connection therewith was given by posting copies of the notice in the 
Office of the Secretary, U.S. International Trade Commission,

[[Page 18651]]

Washington, DC, and by publishing the notice in the Federal Register of 
November 6, 1996 (61 FR 57449). The hearing was held in Washington, DC, 
on February 28, 1997, and all persons who requested the opportunity 
were permitted to appear in person or by counsel.
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    \4\ The members of the Coalition for the Preservation of 
American Brake Drum & Rotor Aftermarket Manufacturers consist of 
Brake Parts, Inc., McHenry, IL; Kinetic Parts Manufacturing, Inc., 
Harbor City, CA; Iroquois Tool Systems, Inc., North East, PA; and 
Wagner Brake Corp., St. Louis, MO.
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    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on April 9, 1997. The views of the 
Commission are contained in USITC Publication 3035 (April 1997), 
entitled ``Certain Brake Drums and Rotors from China: Investigation No. 
731-TA-744 (Final).''

    Issued: April 8, 1997.

    By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-9844 Filed 4-15-97; 8:45 am]
BILLING CODE 7020-02-P