[Federal Register Volume 68, Number 162 (Thursday, August 21, 2003)]
[Notices]
[Pages 50515-50516]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-21446]


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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 the Eighth New Shipper Review

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

ACTION: Notice of final results of the eighth new shipper review.

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SUMMARY: On June 3, 2003, the Department of Commerce published the 
preliminary results of the eighth new shipper review of the antidumping 
duty order on brake rotors from the People's Republic of China with 
respect to Xiangfen Hengtai Brake System Co., Ltd and Xianghe 
Xumingyuan Auto Parts Co., Ltd. (collectively referred to as the 
respondents). The period of review is April 1, 2002, through September 
30, 2002. We gave interested parties an opportunity to comment on our 
preliminary results. However, no interested party submitted comments.
    The final results do not differ from the preliminary results. The 
final weighted-average dumping margins for the reviewed firms are 
listed below in the section entitled ``Final Results of Review.''

EFFECTIVE DATE: August 21, 2003.

FOR FURTHER INFORMATION CONTACT: Terre Keaton or Margarita Panayi, 
Import Administration, International Trade Administration, U.S. 
Department of Commerce, Washington, D.C. 20230; telephone: (202) 482-
1280, or (202) 482-0049, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On June 3, 2003, the Department published in the Federal Register 
the preliminary results of this new shipper review (see Brake Rotors 
from the People's Republic of China: Preliminary Results of the Eighth 
New Shipper Review, 68 FR 33095 (June 3, 2003)(``Preliminary 
Results'')). 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(a)(2)(B) of the Tariff Act of 1930, as amended, (``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 
this 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 this order are brake 
rotors made of gray cast iron, whether finished, semifinished, or 
unfinished, with a diameter less than 8

[[Page 50516]]

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 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, 
our written description of the scope of this order is dispositive.

Final Results of Review

    For the reasons discussed in our Preliminary Results, we determine 
that the following weighted-average margin percentages exist for the 
following companies during the period April 1, 2002, through September 
30, 2002:

------------------------------------------------------------------------
                                                              Margin
          Manufacturer/producer/[chyph]exporter           [chyph]Percent
------------------------------------------------------------------------
Xiangfen Hengtai Brake [chyph]System Co., Ltd...........            0.00
Xianghe Xumingyuan Auto Parts Co., Ltd..................            0.00
------------------------------------------------------------------------

Assessment Rates

    The Department shall determine, and the U.S. Bureau of Customs and 
Border Protection (``BCBP'') shall assess, antidumping duties on all 
appropriate entries. The Department will issue appropriate assessment 
instructions directly to the BCBP within 15 days of publication of the 
final results of this review. For assessment purposes, we do not have 
the actual entered value for either respondent for which we calculated 
a margin because it is not the importer of record for the subject 
merchandise. Therefore, we calculated individual importer- or customer-
specific assessment rates by aggregating the dumping margins calculated 
for all of the U.S. sales examined and dividing that amount by the 
total quantity of the sales examined. To determine whether the duty 
assessment rates are de minimis (i.e., at or above 0.50 percent), in 
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we 
have calculated importer- or customer-specific ad valorem ratios based 
on export prices. We will instruct the BCBP to assess antidumping 
duties on all appropriate entries covered by this review if any 
importer or customer-specific assessment rate calculated is above de 
minimis.

Cash Deposit Requirements

    Bonding will no longer be permitted to fulfill security 
requirements for shipments from Xiangfen Hengtai Brake System Co., Ltd 
(Hengtai) or Xianghe Xumingyuan Auto Parts Co., Ltd (Xumingyuan) of 
brake rotors from the PRC entered, or withdrawn from warehouse, for 
consumption on or after the publication date of the final results of 
this new shipper review.
    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 (a)(2)(B) of the Act: (1) the cash 
deposit rate for Hengtai (i.e., for subject merchandise manufactured 
and exported by Hengtai) and Xumingyuan (i.e., for subject merchandise 
manufactured and exported by Xumingyuan) will be the rate indicated 
above; (2) the cash deposit rate for PRC exporters who received a 
separate rate in a prior segment of the proceeding will continue to be 
the rate assigned in that segment of the proceeding; (3) the cash 
deposit rate for the PRC NME entity and for subject merchandise 
exported by either Hengtai or Xumingyuan but not manufactured by them 
will continue to be the PRC-wide rate (i.e., 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 exporter that supplied 
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 351.3059(a)(3). 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)(2)(B) and 777(i) of the Act and 19 CFR 
351.214.

    Dated: August 15, 2003.
Jeffrey May,
Acting Assistant Secretary for Import Administration.
[FR Doc. 03-21446 Filed 8-20-03; 8:45 am]
BILLING CODE 3510-DS-S