[Federal Register Volume 69, Number 102 (Wednesday, May 26, 2004)]
[Notices]
[Pages 29920-29921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11916]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


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

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

SUMMARY: The Department of Commerce received one request on December 
15, 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 the company that requested such a review: Longkou Jinzheng 
Machinery Co., Ltd., a producer and exporter of brake rotors from the 
PRC.

EFFECTIVE DATE: May 26, 2004.

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

SUPPLEMENTARY INFORMATION:

Background

    The Department received a timely request in December 2003 from 
Longkou Jinzheng Machinery Co., Ltd. (``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 April 
anniversary month.
    Longkou Jinzheng identified itself as the producer of the brake 
rotors it

[[Page 29921]]

exports. As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), Longkou 
Jinzheng 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 (see December 15, 2003, submission). 
Longkou Jinzheng 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 19 CFR 
351.214(b)(2)(iv)(A), Longkou Jinzheng provided the date of the first 
sale to an unaffiliated customer in the United States. Longkou Jinzheng 
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 the new 
shipper review request, as well as our analysis of proprietary import 
data from U.S. Customs and Border Protection (``CBP''), we find that 
Longkou Jinzheng has met the requirements for the Department to 
initiate a new shipper review (for more details, see New Shipper 
Initiation Checklist for Longkou Jinzheng). Therefore, we are 
initiating a new shipper review for Longkou Jinzheng.
    In cases involving non-market economies, 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 People's Republic of China, 68 FR 
57875 (October 7, 2003)). Accordingly, we will issue a questionnaire to 
Longkou Jinzheng (including a complete separate rates section), 
allowing approximately 37 days for response. If the response from 
Longkou Jinzheng 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.

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. Normally, we would 
issue the preliminary results of this review not later than 180 days 
after the date on which the review is initiated. However, on May 7, 
2004, Longkou Jinzheng 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 seventh administrative review of this order 
for the period April 1, 2003, through March 31, 2004, which is being 
conducted pursuant to section 751(a)(1) of the Act. Therefore, we 
intend to issue the final results of this review not later than 245 
days after the last day of the anniversary month.

------------------------------------------------------------------------
                                                              Period to
            Antidumping duty new shipper review                   be
                                                               reviewed
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846: Longkou Jinzheng Machinery     04/01/03-03/
 Co., Ltd..................................................        31/04
------------------------------------------------------------------------

    We will instruct CBP 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 
Longkou Jinzheng. This action is in accordance with section 
751(a)(2)(B)(iii) of the Act, as amended, and 19 CFR 351.214(e). 
Because Longkou Jinzheng 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 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: May 20, 2004.
Jeffrey May,
Deputy Assistant Secretary for Import Administration.
[FR Doc. 04-11916 Filed 5-25-04; 8:45 am]
BILLING CODE 3510-DS-P