[Federal Register Volume 67, Number 161 (Tuesday, August 20, 2002)]
[Notices]
[Pages 53913-53914]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21176]


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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 Sixth Antidumping Duty New Shipper Review

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

ACTION: Notice of final results of sixth antidumping duty new shipper 
review.

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SUMMARY: On June 3, 2002, the Department of Commerce published the 
preliminary results of the sixth new shipper review of the antidumping 
duty order on brake rotors from the People's Republic of China with 
respect to Longkou TLC Machinery Co., Ltd. See Brake Rotors from the 
People's Republic of China: Preliminary Results of the Sixth 
Antidumping Duty New Shipper Review, 67 FR 38251 (June 3, 2002) 
(Preliminary Results). The period of review is April 1, 2001, through 
September 30, 2001.
    No interested party submitted comments on the preliminary results. 
Although changes were made to the margin calculation based on our 
verification findings, the final results do not differ from the 
preliminary results. The final weighted-average dumping margin for the 
reviewed company is listed below in the section entitled ``Final 
Results of the Review.''

EFFECTIVE DATE: August 20, 2002.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone: (202) 482-1766 or (202) 482-1280, respectively.

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. In addition, unless 
otherwise indicated, all citations to the Department of Commerce's 
(``the Department'') regulations are to 19 CFR part 351 (2001).

Background

    On June 3, 2002, the Department published in the Federal Register 
the preliminary results of the sixth new shipper review of brake rotors 
from the People's Republic of China (``PRC'') (See Preliminary Results 
at 67 FR 38251). We verified Longkou TLC Machinery Co., Ltd.'s 
(``LKTLC'') information from June 10, 2002, through June 13, 2002, and 
issued the verification report on July 2, 2002. We provided parties the 
opportunity to comment on the preliminary results of the review. 
However, no interested party submitted comments. The Department has 
conducted this review in accordance with section 751 of the Act.

Scope of 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) 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 
8708.39.5010 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 scope of this 
order is dispositive.

Verification

    As provided in section 782(i)(A) of the Act, and 19 CFR 351.307, we 
verified LKTLC's information from June 10, 2002, through June 13, 2002, 
and issued the verification report on July 2, 2002.

Final Results of the Review

    The weighted-average dumping margin for the period April 1, 2001, 
through September 30, 2001, is as follows:

------------------------------------------------------------------------
                                                Time period     Margin
            Manufacturer/exporter              (de minimis)   (percent)
------------------------------------------------------------------------
Longkou TLC Machinery Co., Ltd...............  04/01/01-09/         0.00
                                                      30/01
------------------------------------------------------------------------

Assessment Rates

    The Department will determine, and the Customs Service shall 
assess, antidumping duties on all appropriate entries. In accordance 
with 19 CFR

[[Page 53914]]

351.212(b)(1), we have calculated an exporter/importer (or customer)-
specific assessment rate for merchandise subject to this review. The 
Department will issue appropriate assessment instructions directly to 
the Customs Service within 15 days of publication of these final 
results of review. We will direct the Customs Service to assess the 
resulting assessment rates against the entered customs values for the 
subject merchandise on each of the importer's/customer's entries 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 rate for LKTLC will be zero; (2) the cash deposit rate for PRC 
exporters for whom the Department has rescinded the review or for whom 
a review was not requested for this POR will continue to be the rate 
assigned in an earlier segment of the proceeding or the PRC-wide rate 
of 43.32 percent; (3) the cash deposit rate for all other PRC exporters 
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(a). 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)(1), 751(a)(2)(B), and 777(i) of the Act 
and 19 CFR 351.213 and 351.214.

    Dated: August 14, 2002.
Richard W. Moreland,
Acting Assistant Secretary for Import Administration.
[FR Doc. 02-21176 Filed 8-19-02; 8:45 am]
BILLING CODE 3510-DS-P