[Federal Register Volume 69, Number 234 (Tuesday, December 7, 2004)]
[Notices]
[Pages 70632-70633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E4-3478]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: The Department of Commerce received two requests on October 
28, 2004, 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 companies that requested such a review: Dixion Brake 
System (Longkou) Ltd. (``Dixion'') and Laizhou Wally Automobile Co., 
Ltd. (``Wally''), each of which is a producer and exporter of brake 
rotors from the PRC.

EFFECTIVE DATE:  December 6, 2004.

FOR FURTHER INFORMATION CONTACT: Cindy Robinson or Tom Killiam, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 
20230; telephone (202) 482-3797 or (202) 482-5222, respectively.

[[Page 70633]]


SUPPLEMENTARY INFORMATION:

Background

    The Department received timely requests on October 28, 2004, from 
Dixion and Wally 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.
    Dixion and Wally each identified itself as the producer of the 
brake rotors it exports. As required by 19 CFR 351.214(b)(2)(i) and 
(iii)(A), each of the exporters identified above 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 period of 
investigation (``POI'') (see each company's October 28, 2004, 
submission). 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 19 CFR 351.214(b)(2)(iv)(A), Dixion and Wally each provided the date 
of the first sale to an unaffiliated customer in the United States. 
Dixion and Wally each 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 requests, as well as our analysis of proprietary import 
data from U.S. Customs and Border Protection (``CBP''), we find that 
Dixion and Wally have each met the requirements for the Department to 
initiate a new shipper review (for more details, see New Shipper 
Initiation Checklists for Dixion and Wally). Therefore, we are 
initiating a new shipper review for Dixion and Wally.
    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 
Dixion and Wally (including a complete separate rates section), 
allowing approximately 37 days for response. If the response from each 
respondent provides sufficient indication that each company is not 
subject to either de jure or de facto government control with respect 
to its exports of brake rotors, the review with respect to that company 
will proceed. If, on the other hand, 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. 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 period of review 
(``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         Period to be reviewed
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846:.................
Dixion Brake System (Longkou) Ltd.............         04/01/04-09/30/04
Laizhou Wally Automobile Co., Ltd.............         04/01/04-09/30/04
------------------------------------------------------------------------

    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 
Dixion and Wally. This action is in accordance with section 
751(a)(2)(B)(iii) of the Act, as amended, and 19 CFR 351.214(e). 
Because Dixion and Wally has each 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 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)(2)(B) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: November 24, 2004.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E4-3478 Filed 12-6-04; 8:45 am]
BILLING CODE: 3510-DS-P