[Federal Register Volume 70, Number 102 (Friday, May 27, 2005)]
[Notices]
[Pages 30696-30697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-2705]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


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

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

SUMMARY: The Department of Commerce received a request on March 23, 
2005, 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: Shanxi Zhongding 
Auto Parts Co., Ltd. (``Shanxi Zhongding''), which is a producer and 
exporter of brake rotors from the PRC.

EFFECTIVE DATE: May 27, 2005.

FOR FURTHER INFORMATION CONTACT: Edward Jacobson or Brian Smith, AD/CVD 
Operations, Office 9, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
5460 or (202) 482-1766, respectively.

SUPPLEMENTARY INFORMATION: 

Background

    The Department received a timely request on March 23, 2005, from 
Shanxi Zhongding 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. In response to the 
Department's April 14, 2005, request, Shanxi Zhongding provided 
supplemental information on April 29, 2005.
    Shanxi Zhongding identified itself as the producer of the brake 
rotors it exports. As required by 19 CFR 351.214(b)(2)(i) and (iii)(A), 
Shanxi Zhongding 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 Shanxi Zhongding's March 
23, 2005, submission). Shanxi Zhongding 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), Shanxi Zhongding provided the 
date of the first sale to an unaffiliated customer in the United 
States. Shanxi Zhongding 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, 
as amended (``the Act''), 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 
Shanxi Zhongding has met the requirements for the Department to 
initiate a new shipper review (for more details, see New Shipper 
Initiation Checklist for Shanxi Zhongding). Therefore, we are 
initiating a new shipper review for Shanxi Zhongding.
    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 
Shanxi Zhongding (including a complete separate rates section), 
allowing approximately 37 days for response. If the response from 
Shanxi Zhongding 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, 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 not entitled 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 April 29, 
2005, Shanxi Zhongding 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 eighth administrative review of this order 
for the period April 1, 2004-March 31, 2005, 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 new shipper review                reviewed
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PRC: Brake Rotors, A-570-846: Shanxi Zhongding Auto    04/01/04-03/31/05
 Parts Co., Ltd....................................
------------------------------------------------------------------------

    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 
Shanxi Zhongding. This action is in accordance with section 
751(a)(2)(B)(iii) of the Act, and 19 CFR 351.214(e). Because Shanxi 
Zhongding 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 and 19 CFR 351.214(d).


[[Page 30697]]


    Dated: May 23, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E5-2705 Filed 5-26-05; 8:45 am]
BILLING CODE 3510-DS-P