[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Notices]
[Pages 64206-64207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31801]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Initiation of
New Shipper Antidumping Duty Administrative Reviews
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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SUMMARY: The Department of Commerce has received a request to conduct a
new shipper administrative review of the antidumping duty order on
brake rotors from the PRC. In accordance with 19 C.F.R. 351.214(d), we
are initiating this administrative review.
EFFECTIVE DATE: December 4, 1997.
FOR FURTHER INFORMATION CONTACT: Everett Kelly or Brian Smith, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone (202) 482-4194 or 482-1766, respectively.
Applicable Statute and Regulations
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. In addition, unless
otherwise indicated, all citations to the Department of Commerce (``the
Department'') regulations are to the provisions codified at 19 CFR part
351 (1997).
SUPPLEMENTARY INFORMATION:
Background
The Department has received timely requests from China National
Industrial Machinery Import & Export Company
[[Page 64207]]
(``CNIM''), Lai Zhou Auto Brake Equipments Factory (``LABEF''), Longkou
Haimeng Machinery Co., Ltd. (``Haimeng''), Qingdao Gren Co. (``GREN''),
Yantai Winhere Auto-Part Manufacturing Co., Ltd. (``Winhere''), and
Zibo Luzhou Automobile Parts Co., Ltd. (``ZLAP'') in accordance with 19
CFR 351.214(d), for new shipper reviews of the antidumping duty order
on brake rotors from the People's Republic of China (``PRC'') which has
an April anniversary date. CNIM, LABEF, Haimeng, GREN, Winhere, and
ZLAP (``the respondents'') have certified that each entity did not
export brake rotors to the United States during the period of
investigation (``POI''), and that each is not affiliated with any
exporter or producer which did export brake rotors during the POI.
On October 29, 1997, the Coalition for the Preservation of American
Brake Drums and Rotors Aftermarket Manufacturers (``the petitioner'')
alleged that there were insufficiencies and inconsistencies in
respondents' requests. The petitioner claimed that the respondents did
not meet the legal requirements of 19 CFR 351.214 and 351.221, and
requested that the Department decline to initiate new shipper reviews.
On October 31, 1997, the respondents submitted supplemental
responses to the petitioner's comments, and rectified the deficiencies
pointed out by the petitioner. Therefore, in accordance with section
751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR
351.214(b), and based on information on the record, we are initiating
the new shipper reviews as requested.
It is the Department's usual practice in cases involving non-market
economies to require that companies seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide de jure and de facto evidence of an absence of government
control over the company's export activities. Accordingly we will issue
a separate rates questionnaire to the above-named respondents and seek
additional information from the PRC government (as appropriate),
allowing 30 days for response. If the responses from the respondents
and the PRC government provide sufficient indication that the companies
named are not subject to either de jure or de facto government control
with respect to their exports of brake rotors, the review will proceed
as to such companies. If, on the other hand, one or more respondents do
not demonstrate their eligibility for a separate rate, then that or
those PRC entities will be deemed to be affiliated with other companies
that exported during the POI and that did not establish entitlement to
a separate rate, and the review of any such companies will be
terminated.
Initiation of Reviews
In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR
351.214(d)(1), we are initiating new shipper reviews of the antidumping
duty order on brake rotors from the PRC. We intend to issue the final
results of these reviews not later than 270 days after the date of
publication of this notice.
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Period to be
Antidumping duty proceeding reviewed
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PRC: Brake Rotors, A-570-846: China National
Industrial Machinery Import & Export Co., Lai Zhou
Auto Brake Equipments Factory, Longkou Haimeng
Machinery Co., Ltd., Qingdao Gren (Group) Co.,
Yantai Winhere Auto-Part Manufacturing Co., Ltd. 03/01/97-9/30/97
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We will instruct the U.S. Customs Service to allow, at the option
of the importer, the posting, until the completion of the review, of a
bond or security in lieu of a cash deposit for each entry of the
merchandise exported by the above listed companies. This action is in
accordance with 19 CFR 351.214(d).
Interested parties that need access to the proprietary information
in this new shipper review should submit applications for disclosure
under administrative protective orders in accordance with 19 CFR
353.34(b).
These initiations and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).
Dated: November 28, 1997.
Richard W. Moreland,
Acting Deputy Assistant Secretary, Import Administration.
[FR Doc. 97-31801 Filed 12-3-97; 8:45 am]
BILLING CODE 3510-DS-P