[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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
------------------------------------------------------------------------
\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