[Federal Register Volume 67, Number 108 (Wednesday, June 5, 2002)]
[Notices]
[Pages 38642-38643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13992]


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

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 section 751(a)(2)(B) 
of the Tariff Act of 1930, as amended, and19 CFR 351.214(d), we are 
initiating reviews for Zibo Golden Harvest Machinery Limited Company 
and Shanxi Fengkun Metallurgical Limited Company.

EFFECTIVE DATE: June 5, 2002.

FOR FURTHER INFORMATION CONTACT: Terre Keaton or Davina Hashmi, 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 482-0984, 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 2001).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests from Zibo Golden 
Harvest Machinery Limited Company (``Zibo Golden Harvest'') and Shanxi 
Fengkun Metallurgical Limited Company (``Fengkun''), 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.
    As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), each of the 
companies identified above, which are also producers, 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)(A), Zibo 
Golden Harvest and Fengkun 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.
    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 new shipper reviews for Zibo Golden Harvest and Fengkun.
    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 Zibo Golden Harvest and Fengkun (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. On May 7, 2002, Zibo 
Golden Harvest and Fengkun 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 fifth annual administrative review of this 
order for the period April 1, 2001-March 31, 2002, 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.

[[Page 38643]]



------------------------------------------------------------------------
          Antidumping Duty Proceeding             Period to be Reviewed
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846:
Zibo Golden Harvest Machinery Limited Company..      04/01/01 - 03/31/02
Shanxi Fengkun Metallurgical Limited Company.
------------------------------------------------------------------------

    We will instruct the 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 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 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 24, 2002
Susan Kuhbach,
Acting Deputy Assistant Secretary Import Administration.
[FR Doc. 02-13992 Filed 6-4-02; 8:45 am]
BILLING CODE 3510-DS-S