[Federal Register Volume 65, Number 210 (Monday, October 30, 2000)]
[Notices]
[Pages 64664-64666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-27813]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Final Results
of Third New Shipper Review and Final Results and Partial Rescission of
Second Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
ACTION: Notice of final results of third new shipper review and final
results and partial rescission of second antidumping duty
administrative review.
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SUMMARY: On December 29, 1999, the Department of Commerce published the
preliminary results of the third new shipper review and the preliminary
results and partial rescission of the second antidumping duty
administrative review of the antidumping duty order on brake rotors
from the People's Republic of China. See Preliminary Results of Third
New Shipper Review and Preliminary Results and Partial Rescission of
Second Antidumping Duty Administrative Review: Brake Rotors from the
People's Republic of China, 64 FR 73007 (December 29, 1999)
(Preliminary Results). The products covered by this order are brake
rotors from the People's Republic of China. These reviews cover nine
exporters (see ``Background'' section below for further discussion).
The period of review is April 1, 1998, through March 31, 1999.
Based on the additional publicly available information used in
these final results and the comments received from the interested
parties, we have made changes in the margin calculations for all nine
exporters. The final weighted-average dumping margins for the reviewed
firms are listed below in the section entitled ``Final Results of
Reviews.''
EFFECTIVE DATE: October 30, 2000.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, Import
Administration, International Trade Administration, U.S. Department of
Commerce, Washington, DC 20230; telephone: (202) 482-1766 or (202) 482-
1280.
SUPPLEMENTARY INFORMATION:
The Applicable Statute
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 (``URAA''). In addition,
unless otherwise indicated, all citations to the Department of
Commerce's (``the Department's'') regulations are to 19 CFR Part 351
(2000).
Background
These reviews cover the following nine exporters: (1) Jilin
Provincial Machinery & Equipment Import & Export Corporation
(``Jilin''); (2) Laizhou Auto Brake Equipments Factory (``LABEF''); (3)
Laizhou Hongda Auto Replacement Parts Co., Ltd. (``Laizhou Hongda'');
(4) Longkou Haimeng Machinery Co. (``Haimeng''); (5) Qingdao (Gren) Co.
(``GREN''); (6) Yantai Import & Export Corporation (``Yantai''); (7)
Yantai Winhere Auto-Part Manufacturing Co. (``Winhere''); (8) Yenhere
Corporation (``Yenhere''); and (9) Zibo Botai Machinery Manufacturing
Co. (``Zibo''). The period of review (POR) is April 1, 1998, through
March 31, 1999.
On December 29, 1999, the Department published in the Federal
Register the preliminary results of the third new shipper review and
preliminary results and partial rescission of second antidumping duty
administrative review of the antidumping duty order on brake rotors
from the People's Republic of China (``PRC'') (64 FR 73007). On March
10, 2000, the respondents and the petitioner submitted publicly
available information (``PAI'') at the Department's request. The
interested parties submitted their case briefs on March 24, 2000. Only
the petitioner submitted a rebuttal brief on March 29, 2000. On March
29, 2000, the Department notified the petitioner and respondents that
it intended to conduct verification of the responses submitted by
Jilin, Laizhou Hongda, Winhere, and Yenhere. Therefore, in order to
accomodate these verifications, the Department published in the Federal
Register a notice which postponed the final results in these reviews
until October 24, 2000. See
[[Page 64665]]
Postponement of Final Results of Antidumping Duty Administrative
Review: Brake Rotors from the People's Republic of China, 65 FR 19359
(April 11, 2000). In June 2000, we conducted verification of the
responses submitted by the above-mentioned four respondents. In July
2000, we placed additional PAI on the record and provided the parties
with the opportunity to comment. In July and August 2000, we issued the
verification reports.
As a result of our decision to conduct verification of the
responses submitted by certain companies and postpone the final
results, we provided the interested parties with another opportunity to
submit PAI. The petitioner submitted PAI on August 15, 2000. On August
20, 2000, we requested that the petitioner provide additional import
values for six material inputs for the time period August-December 1998
from the Indian government publication Monthly Statistics of the
Foreign Trade of India (``Monthly Statistics''). On August 23, 2000, we
provided the respondents with the same opportunity. On August 25, 2000,
the respondents submitted PAI from Monthly Statistics for the six
inputs at issue, but the time period of the data differed from our
request. On September 1, 2000, we returned the PAI submitted by the
respondents on August 25, 2000. The petitioner submitted its case brief
on September 5, 2000. The respondents submitted their rebuttal brief on
September 13, 2000.
On October 2, 2000, we placed on the record additional PAI for
electricity and marine insurance for consideration in the final results
and provided the parties with an opportunity for comment. Neither party
submitted comments on this additional information.
The Department has conducted these reviews in accordance with
section 751 of the Act.
Scope of Reviews
The products covered by these reviews are brake rotors 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. Semi-finished rotors are
those on which the surface is not entirely smooth, and have 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
these reviews 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. Excluded from the scope of these reviews are
brake rotors made of gray cast iron, whether finished, semifinished, or
unfinished, with a diameter less than 8 inches or greater than 16
inches (less than 20.32 centimeters or greater than 40.64 centimeters)
and a weight less than 8 pounds or greater than 45 pounds (less than
3.63 kilograms or greater than 20.41 kilograms).
Brake rotors are classifiable under subheading 8708.39.5010 of the
Harmonized Tariff Schedule of the United States (``HTSUS''). Although
the HTSUS subheading is provided for convenience and customs purposes,
our written description of the scope of these reviews is dispositive.
Rescission
We have rescinded the administrative review with respect to
Longjing Walking Tractor Works Foreign Trade Import & Export
Corporation (``Longjing''), Zibo Luzhou Automobile Parts Co.
(``ZLAP''), and Yantai Chen Fu Machinery Co., Ltd. (``Chen Fu'')
because they withdrew their requests for review and no other interested
party requested a review of these companies. See Preliminary Results,
64 FR at 73009.
Analysis of Comments Received
All issues raised in the case briefs are addressed in the ``Issues
and Decision Memorandum'' (``Decision Memo'') from Richard W. Moreland,
Deputy Assistant Secretary for Import Administration, to Troy Cribb,
Assistant Secretary for Import Administration, dated October 24, 2000,
which is hereby adopted by this notice. A list of the issues raised,
all of which are in the Decision Memo, is attached to this notice as an
Appendix. Parties can find a complete discussion of all issues raised
in the briefs and the corresponding recommendations in this public
memorandum which is on file in the Central Records Unit, room B-099 of
the main Department building. In addition, a complete version of the
Decision Memo can be accessed directly on the Web at http://ia.ita.doc.gov. The paper copy and electronic version of the Decision
Memo are identical in content.
Changes Since the Preliminary Results
Based on the use of additional PAI and the comments received from
the interested parties, we have made changes in the margin calculations
for all nine exporters. For a discussion of these changes, see the
``Margin Calculations'' section of the Decision Memo.
Final Results of Reviews
We determine that the following weighted-average margin percentages
exist for the period April 1, 1998, through March 31, 1999:
------------------------------------------------------------------------
Margin
Exporter (percent)
------------------------------------------------------------------------
Jilin Provincial Machinery & Equipment Import & Export Corp 0.00
Laizhou Auto Brake Equipments Factory...................... 0.00
Laizhou Hongda Auto Replacement Parts Co., Ltd............. 0.00
Longkou Haimeng Machinery Co............................... \1\ 0.10
Qingdao (Gren) Co.......................................... 0.69
Yantai Import & Export Corp................................ \1\ 0.06
Yantai Winhere Auto-Part Manufacturing Co.................. 0.00
Yenhere Corp............................................... 0.00
Zibo Botai Machinery Manufacturing Co...................... 0.00
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\1\ De minimis.
Assessment Rates
The Department shall determine, and Customs shall assess,
antidumping duties on all appropriate entries. In accordance with 19
CFR 351.106(c)(2), we will instruct the Customs Service to liquidate
without regard to antidumping duties all entries of subject merchandise
during the POR from the PRC exporters for which the import-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent).
In accordance with 19 CFR 351.212(b), we have calculated importer-
specific ad valorem duty assessment rates. We will direct Customs to
assess the resulting percentage margin against the entered Customs
values for the subject merchandise on each of that importer's entries
under the relevant order during the review period. For entries from the
PRC non-market economy (``NME'') entity companies (i.e., PRC exporters
which are not entitled separate rates), the Customs Service shall
assess ad
[[Page 64666]]
valorem duties at the PRC-wide rate. Because the PRC-wide entity was
not reviewed during this POR, the PRC-wide rate remains that
established in the less-than-fair-value investigation. For entries made
by PRC companies for which the Department has rescinded the
administrative review (i.e., Chen Fu, Longjing and ZLAP), Customs shall
assess ad valorem duties at the rates applicable at the time of entry.
Cash Deposit Requirements
The following deposit rates shall be required for merchandise
subject to the order entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results of
administrative and new shipper reviews, as provided by section
751(a)(1) of the Act: (1) The cash deposit rate for each reviewed
company will be the rate indicated above; (2) the cash deposit rate for
PRC exporters who received a separate rate in a prior segment of the
proceeding but for whom the Department has rescinded the review (i.e.,
Longjing and ZLAP) or of whom the review was not requested for this POR
will continue to be the rate assigned in that segment of the
proceeding; (3) the cash deposit rate for the PRC NME entity (i.e., all
other exporters, including Chen Fu, which have not been reviewed) will
continue to be 43.32 percent; and (4) the cash deposit rate for non-PRC
exporters of subject merchandise from the PRC will be the rate
applicable to the PRC supplier of that exporter. These deposit
requirements shall remain in effect until publication of the final
results of the next administrative review.
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Failure to comply
with this requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
This notice also serves as the only reminder to parties subject to
administrative protective orders (APO) of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305. Timely written
notification of the return/destruction of APO materials or conversion
to judicial protective order is hereby requested. Failure to comply
with the regulations and terms of an APO is a violation which is
subject to sanction.
We are issuing and publishing this determination and notice in
accordance with sections section 751(a)(1) and 777(i) of the Act and 19
CFR 351.213.
Dated: October 24, 2000.
Troy H. Cribb,
Acting Assistant Secretary for Import Administration.
Appendix--Issues in Decision Memo
Comments
1. Data from Another Segment of the Proceeding
2. Request for Verification
3. Applying the Separate Rates Test to Laizhou Hongda
4. Treatment of Laizhou Hongda's U.S. Sales
5. Factor Allocation Methodology Used by Respondents Which Also
Produce Non-Subject Merchandise
6. Considering the Use of Submitted Surrogate Values
7. Surrogate Value Selection for Plastic Bags
8. Calculation of the Surrogate Profit Ratio
9. Surrogate Value Selection for Firewood
10. Surrogate Value Selection for Labor
11. Surrogate Value Selection for Foreign Inland Freight
[FR Doc. 00-27813 Filed 10-27-00; 8:45 am]
BILLING CODE 3510-DS-U