[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Notices]
[Pages 28982-28983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13561]


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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 Review

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 review of the antidumping duty order on brake rotors from 
the People's Republic of China. In accordance with 19 CFR 351.214(d), 
we are initiating this review.

EFFECTIVE DATE: May 28, 1999.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Brian Ledgerwood, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, D.C. 20230; telephone (202) 482-1766 or 482-3836, 
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 (1998).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received a timely request from Laizhou Hongda 
Auto Replacement Parts Co., Ltd., (``Laizhou Hongda''), in accordance 
with 19 CFR 351.214(c), for a new shipper review of the antidumping 
duty order on brake rotors from the People's Republic of China 
(``PRC''), which has an April anniversary date. As required by 19 
C.F.R. 351.214(b)(2)(i) and (iii)(A), Laizhou Hongda (``the 
respondent'') has certified that it did not export brake rotors to the 
United States during the period of investigation (``POI''), and that it 
has never been affiliated with any exporter or producer which did 
export brake rotors during the POI. Laizhou Hongda further certified 
that its export activities are not controlled by the central government 
of the PRC, satisfying the requirements of 19 CFR 
351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19 
CFR 351.214(b)(2)(iv), Laizhou Hongda submitted documentation 
establishing the date on which it first shipped the subject merchandise 
to the United States, the volume of that first shipment, and the date 
of its first sale to an unaffiliated customer in the United States.
    In accordance with section 751(a)(2)(B) of the Act, as amended, and 
19 CFR 351.214(b), and based on information on the record, we are 
initiating the new shipper review as requested.
    It is the Department's usual practice in cases involving non-market 
economies to require that a company 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 respondent, allowing 
37 days for response. If the response from the respondent provides 
sufficient indication that Laizhou Hongda is not subject to either de 
jure or de facto government control with respect to its exports of 
brake rotors, this review will proceed. If, on the other hand, Laizhou 
Hongda does not demonstrate its eligibility for a separate rate, then 
Laizhou Hongda 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 this review will be terminated.

Initiation of Review

    In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR 
351.214(d)(1), we are initiating a new shipper review of the 
antidumping duty order on brake rotors from the PRC. On April 30, 1999, 
Laizhou Hongda agreed to waive the time limits in order that the 
Department, pursuant to 19 CFR 351.214(j)(3), may conduct this review 
concurrent with the second annual administrative review of this order 
for the period April 1, 1998-March 31, 1999, which is being conducted 
pursuant to section 751(a)(1) of the Act. Therefore, we intend to issue 
the final results of this review not later than 245 days after the last 
day of the anniversary month.

------------------------------------------------------------------------
                                                        Period to be
            Antidumping duty proceeding                   reviewed
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PRC: Brake Rotors, A-570-846......................
Laizhou Hongda Auto Replacement Parts Co., Ltd....     04/01/98-03/31/99
------------------------------------------------------------------------

    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 company. This action is in 
accordance with 19 CFR 351.214(e) and (j)(3).
    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 
351.305 and 351.306.
    This initiation and this notice are in accordance with section 
751(a) of the

[[Page 28983]]

Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: May 20, 1999.
Bernard Carreau,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 99-13561 Filed 5-27-99; 8:45 am]
BILLING CODE 3510-DS-P