[Federal Register Volume 67, Number 232 (Tuesday, December 3, 2002)]
[Notices]
[Pages 71934-71935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-30622]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors from the People's Republic of China: Initiation of 
New Shipper Antidumping Duty Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce has received requests to conduct a 
new shipper review 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 (``the Act''), and 19 C.F.R. 
351.214(d), we are initiating a review for Xiangfen Hengtai Brake 
System Co., Ltd. and Xianghe Xumingyuan Auto Parts Co., Ltd.

EFFECTIVE DATE: December 3, 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.

SUPPLEMENTARY INFORMATION:

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 C.F.R. Part 351 (April 2002).

Background

    The Department has received timely requests from Xiangfen Hengtai 
Brake System Co., Ltd. (``Hengtai'') and Xianghe Xumingyuan Auto Parts 
Co., Ltd. (``Xumingyuan''), in accordance with 19 C.F.R. 351.214(c), 
for a new shipper review 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 C.F.R. 351.214(b)(2)(i) and (iii)(A), each of the 
exporters 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 C.F.R. 351.214(b)(2)(iii)(B). 
Pursuant to the Department's regulations at 19 C.F.R. 
351.214(b)(2)(iv), Hengtai and Xumingyuan each submitted documentation 
establishing the date on which it first shipped the subject merchandise 
to the United States, the date of entry of that first shipment, the 
volume of that 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 and 19 C.F.R. 
351.214(b), and based on information on the record, we are initiating a 
new shipper review for Hengtai and Xumingyuan.
    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 Hengtai and Xumingyuan (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, the 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 
C.F.R. 351.214(d)(1), we are initiating a new shipper review of the 
antidumping duty order on brake rotors from the PRC. We intend to issue 
the preliminary results of this new shipper review not later than 180 
days after initiation of this review.

------------------------------------------------------------------------
                                                              Period to
                Antidumping Duty Proceeding                  be Reviewed
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846...............................
Hengtai Brake System Co., Ltd..............................   04/01/02 -
                                                                09/30/02
Xianghe Xumingyuan Auto Parts Co., Ltd.....................   04/01/02 -
                                                                09/30/02
------------------------------------------------------------------------

    We will instruct the Customs Service to allow, at the option of the 
importer,

[[Page 71935]]

the posting, until the completion of the review, of a bond or security 
in lieu of a cash deposit for each entry of the subject merchandise 
from the above-listed companies in accordance with 19 C.F.R. 
351.214(e). Because Hengtai and Xumingyuan certified that they both 
produce and export the subject merchandise, the sale of which was the 
basis for this new shipper review request, we will apply the bonding 
privilege only to subject merchandise for which they are both the 
producer and exporter.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 C.F.R. 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 C.F.R. 351.214(d).

    Dated: November 25, 2002.
Susan Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 02-30622 Filed 12-2-02; 8:45 am]
BILLING CODE 3510-DS-S