[Federal Register Volume 67, Number 131 (Tuesday, July 9, 2002)]
[Notices]
[Pages 45458-45460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-17195]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Final Results of Expedited Sunset Review: Brake Rotors from the 
People's Republic of China

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

ACTION: Notice of Final Results of Expedited Sunset Reviews: Brake 
Rotors from the People's Republic of China.

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SUMMARY: On March 1, 2002, the Department of Commerce (``the 
Department'') published the notice of initiation of a five-year sunset 
review of the antidumping duty order on brake rotors from the People's 
Republic of China (``PRC'') pursuant to section 751(c) of the Tariff 
Act of 1930, as amended (``the Act'').\1\ On the basis of a notice of 
intent to participate and adequate substantive comments filed on behalf 
of domestic interested parties, and inadequate response (in this case, 
no response) from respondent interested parties, the Department 
determined to conduct an expedited sunset review of this antidumping 
duty order. As a result of this review, the Department finds that 
revocation of the antidumping duty order would likely lead to 
continuation or recurrence of dumping at the levels listed below in the 
``Final Results of Review'' section of this notice.
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    \1\ Notice of Initiation of Five Year ``Sunset'' Reviews, 67 FR 
9439 (March 1, 2002).

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EFFECTIVE DATE: July 9, 2002.

FOR FURTHER INFORMATION CONTACT: Martha V. Douthit or James P. Maeder, 
Jr., Office of Policy for Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, D.C. 20230; telephone: (202) 482-
5050 or (202) 482-3330, respectively.

SUPPLEMENTARY INFORMATION:

Statute and Regulations:

    This review is conducted pursuant to sections 751(c) and 752 of the 
Act. The Department's procedures for the conduct of sunset reviews are 
set forth in Procedures for Conducting Five-year ( ``Sunset'') Reviews 
of Antidumping and Countervailing Duty Orders, 63 FR 13516 (March 20, 
1998) (``Sunset Regulations''), and in 19 CFR Part 351 (2001) in 
general. Guidance on methodological or analytical issues relevant to 
the Department's conduct of

[[Page 45459]]

sunset reviews is set forth in the Department's Policy Bulletin 98:3 
Policies Regarding the Conduct of Five-year (``Sunset'') Reviews of 
Antidumping and Countervailing Duty Orders; Policy Bulletin, 63 FR 
18871 (April 16, 1998) (``Sunset Policy Bulletin'').

Scope of Review

    The product covered by this antidumping duty 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) 
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 
the 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 the 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 currently classifiable under subheading 
8708.39.50.10 of the Harmonized Tariff Schedule of the United States 
(``HTSUS''). Although the HTSUS subheading is provided for convenience 
and Customs purposes, the written description of the merchandise 
subject to the order is dispositive.

Background

    On March 1, 2002, the Department published the notice of initiation 
the five-year sunset review of the antidumping duty order on brake 
rotors from the PRC in accordance with section 751(c) of the Act.\2\ On 
March 18, 2002 the Department received a Notice of Intent to 
Participate on behalf of the Coalition for the Preservation of American 
Brake Drum and Rotor Aftermarket Manufacturers (collectively, ``the 
domestic interested parties'')\3\ as specified in section 
351.218(d)(1)(i) of the Sunset Regulations. The domestic interested 
parties claimed interested party status under section 771(9)(C) of the 
Act.
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    \2\ Antidumping and Countervailing Duties: Five Year Reviews, 
(67 FR 9439) March 1, 2002
    \3\ Although the Coalition[quot]s membership has changed, 
current members include: Dana Corporation, Brake and Chassis 
Division (formerly Brake Parts, Inc.); and Federal Mogul Corporation 
( successor to Wagner Brake Corporation/Moog and Waupaca foundry, 
Inc.). Brake Parts, Inc. and Wagner Brakes have undergone corporate 
reorganization and are now known as Dana Corporation and Federal 
Mogul, Inc.
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    On April 1, 2002, the Department received a complete substantive 
response from the domestic interested parties, as specified in the 
Sunset Regulations under section 351.218(d)(3)(i). The Department did 
not receive a substantive response from any respondent interested party 
in the proceeding. Consequently, pursuant to section 751(c)(3)(B) of 
the Act, and 19 CFR 351.218(e)(1)(ii)(C), on April 10, 2002, the 
Department notified the International Trade Commission (``Commission'') 
that we were conducting an expedited sunset review (120 - day) of the 
antidumping duty order.

Analysis of Comments Received

    All issues raised by the domestic interested parties to this sunset 
review are addressed in the Issues and Decision Memorandum (``Decision 
Memorandum'') from Jeffrey A. May, Director, Office of Policy, Import 
Administration, to Faryar Shirzad, Assistant Secretary for Import 
Administration, dated July 1, 2002, which is adopted by this notice. 
The issues discussed in the Decision Memorandum include the likelihood 
of continuation or recurrence of dumping and the magnitude of the 
margins likely to prevail were the order revoked. Parties can find a 
complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, room B-099, of the Department's main 
building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the Web at http://ia.ita.doc.gov/frn, under the 
heading ``July 2002.'' The paper copy and electronic version of the 
Decision Memorandum are identical in content.

Final Results of Review

    We determine that revocation of the antidumping duty order on brake 
rotors from the PRC would likely lead to continuation or recurrence of 
dumping at the following percentage weighted-average margins:

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                                               Weighted-Average Margin
      Exporter/Manufacturer/Producers                 (percent)
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China National Automotive Industry Import                       Excluded
 & Export Corporation (``CAIEC'') and
 Shandong Laizhou CAPCO...................
Industry (``Laizhou CAPCO'') / CAIEC and
 Laizhou CAPCO............................
Shenyang Honbase Machinery Co., Ltd.                            Excluded
 (``Shenyang Honbase'') and Lai Zhou
 Luyuan Automobile Fittings Co., Ltd.
 (``Laizhou Luyuan'').....................
China National Machinery and Equipment                          Excluded
 Import & Export (``Xinjiang'')
 Corporation, Ltd. (``Xinjiang'')/ Zibo
 Botai Manufacturing Co., Ltd. (``Zibo'').
Yantai Import & Export Corporation                                  3.56
 (``Yantai'').............................
Southwest Technical Import & Export                                16.07
 Corporation (``Southwest''),Yangtze
 Machinery Corporation, and MMB
 International, Inc.......................
Hebei Metals and Minerals Import & Export                           8.51
 Corporation (``Hebei'')..................
Jilin Provincial Machinery & Equipment                              8.51
 Import & Export Corporation (``Jilin'')..
Shandong Jiuyang Enterprise Corporation                             8.51
 (``Jiuyang'')............................
Longjing Walking Tractor Works Foreign                              8.51
 Trade Import & Export Corporation
 (``Longjing'')...........................
Qingdao Metals, Minerals & Machinery                                8.51
 Import & Export Corporation (``Qingdao'')
Shanxi Machinery and Equipment Import &                             8.51
 Export Corporation (``Shanxi'')..........
Xianghe Zichen Casting Corporation, Ltd                             8.51
 (``Xianghe'')............................

[[Page 45460]]

 
Yenhere Corporation (``Yenhere)...........                          8.51
All Others................................                         43.32
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    This notice also serves as the only reminder to parties subject to 
administrative protective order (``APO'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305 of the Department's regulations. 
Timely notification of return/destruction of APO materials or 
conversion to judicial protective order is hereby requested. Failure to 
comply with the regulations and the terms of an APO is a sanctionable 
violation.
    This five-year (``sunset'') review and notice are in accordance 
with sections 751(c), 752, and 777(i)(1) of the Act.

    Dated: July 1, 2002.
Joseph A.Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-17195 Filed 7-8-02; 8:45 am]
BILLING CODE 3510-DS-S