[Federal Register Volume 65, Number 107 (Friday, June 2, 2000)]
[Notices]
[Pages 35322-35323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13882]


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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 Reviews

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.

SUMMARY: The Department of Commerce has received requests to conduct 
new shipper reviews 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 reviews for Hongfa Machinery (Dalian) Co., Ltd. and 
Luoyang Haoxiang Brake Disc Factory. We are not initiating a review of 
Shenyang Jinde Machinery Co., Ltd.

EFFECTIVE DATE: June 2, 2000.

FOR FURTHER INFORMATION CONTACT: Terre Keaton 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) 482-1280 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 19 CFR Part 351 (April 2000).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests from Neotek Corporation 
(``Neotek''), Hongfa Machinery (Dalian) Co., Ltd. (``Hongfa''), and 
Luoyang Haoxiang Brake Disc Factory (``Luoyang''), in accordance with 
19 CFR 351.214(c), 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. Neotek originally claimed that it 
was an exporter, as well as an importer. However, on May 17, 2000, 
Neotek clarified that it was not the PRC exporter/producer of the 
subject merchandise. Therefore, Neotek sought to amend its request by 
filing on behalf of its affiliated PRC producer/exporter of the subject 
merchandise, Shenyang Jinde Machinery Co., Ltd. (``Shenyang Jinde'').
    As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), each of the 
three companies identified above 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. Each company has 
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), Hongfa, Luoyang and Shenyang Jinde each 
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 the first sale to an unaffiliated customer in 
the United States.
    We are not initiating a review with respect to Shenyang Jinde for 
two reasons. First, no request was made during the relevant anniversary 
month for review of entries exported by Shenyang Jinde (i.e., because 
Sheyang Jinde's request was untimely). Second, the date on which 
Shenyang Jinde reportedly first sold and shipped subject merchandise to 
the United States was after the end of the period for which brake rotor 
can be reviewed at this time (i.e., the period April 1, 1999, through 
March 31, 2000).
    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 reviews for Hongfa and Luoyang.
    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 questionnaire to Hongfa and Luoyang (including a complete separate 
rates section), allowing approximately 37 days for response. If the 
response from each respondent provides sufficient indication that it is 
not subject to either de jure or de facto government control with 
respect to its exports of brake rotors, each review will proceed. If, 
on the other hand, a respondent does not demonstrate its eligibility 
for a separate rate, then it will be deemed to be affiliated with other 
companies that exported during the POI and that it did not establish 
entitlement to a separate rate, and the review of that respondent will 
be rescinded.

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 new shipper reviews of the antidumping 
duty order on brake rotors from the PRC. Therefore, we intend to issue 
the preliminary results of these reviews not later than 180 days after 
the date on which the reviews are initiated.

------------------------------------------------------------------------
                                                         Period to be
             Antidumping duty proceeding                   reviewed
------------------------------------------------------------------------
   PRC: Brake Rotors, A-570-846: Hongfa Machinery      04/01/99-03/31/00
   (Dalian) Co., Ltd., Luoyang Haoxiang Brake Disc
                       Factory
------------------------------------------------------------------------

    We will instruct the Customs Service to allow, at the option of the 
importer, the posting, until the completion of the review, 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(e).
    Interested parties that need access to proprietary information in 
these new shipper reviews should submit

[[Page 35323]]

applications for disclosure under administrative protective orders in 
accordance with 19 CFR 351.305 and 351.306.
    This initiation and notice are in accordance with section 751(a) of 
the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: May 26, 2000.
Richard W. Moreland,
Deputy Assistant Secretary, Import Administration.
[FR Doc. 00-13882 Filed 6-1-00; 8:45 am]
BILLING CODE 3510-DS-P