[Federal Register Volume 66, Number 164 (Thursday, August 23, 2001)]
[Notices]
[Pages 44331-44333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21345]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors From the People's Republic of China: Final Results 
and Partial Rescission of Fifth New Shipper Review

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

ACTION: Notice of final results and partial rescission of fifth new 
shipper review.

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SUMMARY: On May 29, 2001, the Department of Commerce published the 
preliminary results and partial rescission of the fifth new shipper 
review of the antidumping duty order on brake rotors from the People's 
Republic of China. See Brake Rotors from the People's Republic of 
China: Preliminary Results and Partial Rescission of the Fifth New 
Shipper Review, 66 FR 29080 (May 29, 2001) (Preliminary Results). The 
new shipper review initially covered three respondents (see 
``Background'' section below for further discussion). The period of 
review is April 1, 2000, through September 30, 2000. We gave interested 
parties an opportunity to comment on our preliminary results and submit 
additional publicly available information for consideration in the 
final results.
    Based on the additional publicly available information submitted 
and the comments received from the interested parties, we have made 
changes in the margin calculations for two respondents in this review. 
The final weighted-average dumping margins for the reviewed firms in 
this review are listed below in the section entitled ``Final Results of 
New Shipper Review.''

EFFECTIVE DATE: August 23, 2001.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, Washington, D.C. 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

    On May 29, 2001, the Department published in the Federal Register 
the preliminary results and partial rescission of the fifth new shipper 
review of the antidumping duty order on brake rotors from the People's 
Republic of China (``PRC'') (66 FR 29080). On June 4, 2001, the 
petitioner \1\ requested an extension of time to submit publicly 
available information and rebuttal comments, and an extension of time 
to submit its case and rebuttal briefs in this review. On June 7, 2001, 
in response to the requests made by the petitioner, we provided all 
parties with another opportunity to submit publicly available 
information and to submit comments on this information for 
consideration in the final results, and an extension of time to submit 
case and rebuttal briefs. The petitioner submitted additional publicly 
available information on June 22, 2001. The respondents \2\ submitted 
comments and rebuttal publicly available information on June 29, 2001. 
The petitioner submitted its case brief on July 13, 2001. The 
respondents submitted their rebuttal brief on July 20, 2001.
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    \1\ The petitioner is the Coalition for the Preservation of 
American Brake Drum and Rotor Aftermarket Manufacturers.
    \2\ The respondents in this review are Qingdao Meita Automotive 
Industry Co., Ltd. (``Meita'') and Shandong Laizhou Huanri Group 
General Co. (``Huanri General'').
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    The Department has conducted this review in accordance with section 
751 of the Act.

Scope of the Order

    The products covered by this order 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)

[[Page 44332]]

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 
this order 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 this order 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 this order is dispositive.

Partial Rescission of New Shipper Review

    We are rescinding, in part, the fifth new shipper review with 
respect to Beijing Concord Auto Technology Inc. (``Concord'') because 
it failed to demonstrate at verification that it was entitled to a 
separate rate. Thus, we have treated it as part of the non-market 
economy (``NME'') entity. As part of the NME entity, Concord is not 
entitled to a rate as a new shipper, because the NME entity as a whole 
was subject to the less-than-fair-value (``LTFV'') investigation. 
Consequently, we have rescinded the new shipper review of Concord. See 
Preliminary Results, 66 FR at 29080, and ``Issues and Decision 
Memorandum'' (``Decision Memo'') from Richard W. Moreland, Deputy 
Assistant Secretary for Import Administration, to Faryar Shirzad, 
Assistant Secretary for Import Administration, dated August 17, 2001, 
for further discussion.

Analysis of Comments Received

    All issues raised in the case briefs are addressed in the Decision 
Memo, 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 publicly available information and 
the comments received from the interested parties, we have made changes 
in the margin calculation for the two respondents that cooperated fully 
in the new shipper review. For a discussion of these changes, see the 
``Margin Calculations'' section of the Decision Memo.

Final Results of New Shipper Review

    We determine that the following weighted-average margin percentages 
exist for the period April 1, 2000, through September 30, 2000:

------------------------------------------------------------------------
                                                                Margin
                          Exporter                            (percent)
------------------------------------------------------------------------
Qingdao Meita Automotive Industry Co., Ltd.................         0.00
Shandong Laizhou Huanri Group General Co...................         0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the Customs Service 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 Meita and Huanri General for which the 
importer-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 the Customs Service 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.

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, as 
provided by section 751(a)(1) and 751(a)(2)(B) of the Act: (1) The cash 
deposit rates for Meita and Huanri General 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 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 Concord, 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 751(a)(2)(B) and 777(i) of the Act and 19 CFR 
351.214.


[[Page 44333]]


    Dated: August 17, 2001.
Bernard T. Carreau,
Acting Assistant Secretary for Import Administration.

Appendix--Issues in Decision Memo

Comments

1. Applying the Separate Rates Test to Beijing Concord
2. Applying the Separate Rates Test to Huanri General
3. Verification of Huanri General's Data
4. Considering the Use of Submitted Surrogate Values
5. Surrogate Value Selection for Steel Scrap
6. Surrogate Value Selection for Lug Bolts
7. Surrogate Value Selection for Firewood

[FR Doc. 01-21345 Filed 8-22-01; 8:45 am]
BILLING CODE 3510-DS-P