[Federal Register Volume 68, Number 108 (Thursday, June 5, 2003)]
[Notices]
[Pages 33675-33676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-14182]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors From the People's Republic of China: Initiation of 
the Ninth 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 CFR 
351.214(d), we are initiating a review for Anda Industries Co., Ltd, 
Laizhou City Luqi Machinery Co., Ltd, and Qingdao Rotec Auto Parts Co., 
Ltd.

EFFECTIVE DATE: June 5, 2003.

FOR FURTHER INFORMATION CONTACT: Brian Smith, Terre Keaton or Margarita 
Panayi, Import Administration, International Trade Administration, U.S. 
Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC 20230; telephone (202) 482-1766, (202) 482-1280 or 482-
0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests from Anda Industries 
Co., Ltd (``Anda''), Laizhou City Luqi Machinery Co., Ltd (``Luqi''), 
and Qingdao Rotec Auto Parts Co., Ltd (``Rotec''), in accordance with 
19 CFR 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 CFR 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 CFR 351.214(b)(2)(iii)(B). Pursuant 
to the Department's regulations at 19 CFR 351.214(b)(2)(iv), Anda, Luqi 
and Rotec 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 CFR 
351.214(b), and based on information on the record, we are initiating a 
new shipper review for Anda, Luqi and Rotec.
    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 Anda, Luqi and Rotec (including a complete 
separate rates section), allowing approximately 37 days for response. 
If the response from each respondent provides

[[Page 33676]]

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 CFR 
351.214(d)(1), we are initiating a new shipper review of the 
antidumping duty order on brake rotors from the PRC. The preliminary 
results of this new shipper review would normally be issued not later 
than 180 days after initiation of this review. However, on May 16, 
2003, Anda, Luqi and Rotec 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 sixth annual administrative review of this 
order for the period April 1, 2002-March 31, 2003, which is being 
conducted pursuant to section 751(a)(1) of the Act. Therefore, we 
intend to issue the preliminary results of this review not later than 
245 days after the last day of the anniversary month.

------------------------------------------------------------------------
                                                        Period to be
            Antidumping duty proceeding                   reviewed
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846:
  Anda Industries Co., Ltd........................     04/01/02-03/31/03
  Laizhou City Luqi Machinery Co., Ltd............     04/01/02-03/31/03
  Qingdao Rotec Auto Parts Co., Ltd...............     04/01/02-03/31/03
------------------------------------------------------------------------

    We will instruct the U.S. Bureau of Customs and Border Protection 
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 subject merchandise from the above-listed 
companies in accordance with 19 CFR 351.214(e). Because Anda, Luqi and 
Rotec certified that they 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 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 30, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-14182 Filed 6-4-03; 8:45 am]
BILLING CODE 3510-DS-P