[Federal Register Volume 68, Number 231 (Tuesday, December 2, 2003)]
[Notices]
[Pages 67402-67403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30001]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce received two requests in October 
2003 to conduct a new shipper review of the antidumping duty order on 
brake rotors from the People's Republic of China (``PRC''). In 
accordance with 19 CFR 351.214(d), we are initiating a new shipper 
review for one of the two companies that requested such a review: 
Shenyang Yinghao Machinery Co., Ltd., a producer and exporter of brake 
rotors from the PRC.

EFFECTIVE DATE: December 2, 2003.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Sophie Castro, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone (202) 482-1766 or (202) 482-0588, respectively.

SUPPLEMENTARY INFORMATION:

Background

    In October 2003, the Department received timely requests from: (1) 
Shenyang Yinghao Machinery Co., Ltd. (``Shenyang Yinghao''); and (2) 
Longkou Jinzheng Machinery Co. (``Longkou Jinzheng''), in accordance 
with 19 CFR 351.214(c), for a new shipper review of the antidumping 
duty order on brake rotors from the PRC, which has an October semi-
annual anniversary month.
    Shenyang Yinghao identified itself as the exporter and producer of 
the subject merchandise for which it requested a new shipper review. As 
required by 19 CFR 351.214(b)(2)(i), and (iii)(A), Shenyang Yinghao 
certified that it did not export certain preserved mushrooms 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 certain preserved mushrooms during the POI. Shenyang Yinghao 
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 19 CFR 351.214(b)(2)(iv)(A), 
Shenyang Yinghao provided the date of the first sale to an unaffiliated 
customer in the United States. Shenyang Yinghao submitted documentation 
establishing the date on which it first shipped the subject merchandise 
to the United States, and the volume and date of entry of that 
shipment.
    In accordance with section 751(a)(2)(B) of the Tariff Act of 1930 
(``the Act''), as amended, and 19 CFR 351.214(b), and based on our 
analysis of the information and documentation provided with Shenyang 
Yinghao's new shipper review request, as well as our analysis of 
proprietary import data from U.S. Customs and Border Protection 
(``Customs''), we find that Shenyang Yinghao has met the requirements 
under which the Department can initiate a new shipper review (for more 
details, see New Shipper Initiation

[[Page 67403]]

Checklist for Shenyang Yinghao). Therefore, we are initiating a new 
shipper review for Shenyang Yinghao.
    While Longkou Jinzheng identified itself as both an exporter and 
producer of brake rotors from the PRC in its new shipper review 
request, the certifications it provided in conjunction with its request 
under 19 CFR 357.214(b)(2) did not comport with this claim. 
Specifically, while Longkou Jinzheng did provide the certification 
required by 19 CFR 351.214(b)(2)(i) and 351.214(b)(2)(iii)(A) and (B), 
it also provided a similar certification for a company named Longkou 
City Zhengzhuang Foundry Plant. Longkou Jinzheng, however, failed to 
identify the role of this company with respect to the transaction for 
which Longkou Jinzheng requested the new shipper review, thereby 
confusing the identity of the exporter and producer relevant to this 
new shipper review request. In addition, Longkou Jinzheng also provided 
a third certification that appeared to reflect the requirement for a 
non-producing exporter under 19 CFR 351.214(b)(2)(ii)(B) and 
351.214(b)(2)(iii)(A) and (B), further confusing the identity of the 
producer. As a result, we were unable to determine the appropriate 
exporter/producer combination subject to this new shipper review 
request.
    Consequently, based on our analysis of the information and 
documentation provided with Longkou Jinzheng's new shipper review 
request, we find that Longkou Jinzheng did not properly identify the 
exporter and producer of the subject merchandise and therefore does not 
meet the requirements under which the Department can initiate a new 
shipper review. Thus, we are not initiating a new shipper review for 
Longkou Jinzheng (for more details, see New Shipper Initiation 
Checklist for Longkou Jinzheng).
    In cases involving non-market economies (``NMEs''), it is the 
Department's normal practice 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 (see Natural 
Bristle Paintbrushes and Brush Heads from the PRC, 68 FR 57875 (October 
7, 2003), see also Honey from the PRC, 68 FR 47537 (August 11, 2003)). 
Accordingly, we will issue a questionnaire to Shenyang Yinghao 
(including a complete separate rates section), allowing approximately 
37 days for response.\1\ If the response from the 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 the 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. See 19 CFR 351.214(f)(2).
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    \1\ While Shenyang Yinghao has preliminarily responded to 
Section A of the Department's NME questionnaire (separate rates 
section) in Exhibit 3 of its October 31, 2003 initiation request, we 
will nonetheless issue Shenyang Yinghao a complete NME questionnaire 
subsequent to this initiation.
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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. We intend to issue 
the preliminary results of this review not later than 180 days after 
the date on which the review is initiated.
    In accordance with 19 CFR 351.214(g)(1)(i)(B), the POR for a new 
shipper review, initiated in the month following the semi-annual 
anniversary month, will be the six-month period immediately proceeding 
the semi-annual anniversary month. Therefore, the POR for this new 
shipper review is:

------------------------------------------------------------------------
    Antidumping Duty New Shipper Review
                Proceeding                      Period to be Reviewed
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PRC: Brake Rotors, A-570-846:.............
Shenyang Yinghao Machinery Co., Ltd.......            4/01/03 - 09/30/03
------------------------------------------------------------------------

    We will instruct Customs 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 company. This action is in accordance with 
section 751(a)(2)(B)(iii) of the Act, as amended, and 19 CFR 
351.214(e). Because Shenyang Yinghao has certified that it both 
produces and exports the subject merchandise, the sale of which was the 
basis for its new shipper review request, we will apply the bonding 
privilege only to entries of subject merchandise for which it is 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)(2)(B) of the Act (19 USC 1675(a)) and 19 CFR 351.214(d).

    Dated: November 25, 2003.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 03-30001 Filed 12-01-02; 8:45 am]
BILLING CODE 3510-DS-S