[Federal Register Volume 70, Number 136 (Monday, July 18, 2005)]
[Notices]
[Pages 41204-41206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-3802]


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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 Changed Circumstances Antidumping Duty Administrative Review

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On May 13, 2005, the Department of Commerce (``Department'') 
published the notice of preliminary results of its changed 
circumstances review examining whether Shanxi Fengkun Foundry Ltd., Co. 
(``Fengkun Foundry''') is the successor-in-interest to Shanxi Fengkun 
Metallurgical Ltd., Co. (``Fengkun Metallurgical''') by virtue of its 
name change. See Notice of Preliminary Results of Changed Circumstances 
Antidumping Duty Administrative Review: Brake Rotors From the People's 
Republic of China, 70 FR 25545 (May 13, 2005) (``Preliminary 
Results''). In those Preliminary Results, the Department found that 
Fengkun Foundry is not the successor-in-interest to Fengkun 
Metallurgical.

[[Page 41205]]

    After consideration of new factual information solicited by the 
Department and comments from interested parties, the Department now 
finds that Fengkun Foundry is the successor-in-interest to Fengkun 
Metallurgical, and that Fengkun Foundry should retain the deposit rate 
assigned to Fengkun Metallurgical by the Department for all entries of 
the subject merchandise produced or exported by Fengkun Metallurgical. 
We have now completed this changed circumstances review in accordance 
with 19 CFR 351.216 and 351.221(c)(3).

EFFECTIVE DATE: July 18, 2005

FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Carrie Blozy, 
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-
3207 or (202) 482-5403, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On October 19, 2004, the Department initiated a changed 
circumstances review of Fengkun Foundry's claim that it is the 
successor-of-interest to Fengkun Metallurgical. See Brake Rotors from 
the People's Republic of China: Notice of Initiation of Changed 
Circumstances Review, 69 FR 61468 (October 19, 2004) (``Initiation 
Notice''). On May 13, 2005, the Department published the preliminary 
results of its changed circumstances review. See Preliminary Results. 
In the Preliminary Results the Department stated that should Fengkun 
Foundry obtain a valid Certificate of Approval for Enterprises with 
Foreign Trade Rights (``Certificate of Approval'') and otherwise 
demonstrate that it is both an exporter and producer of the subject 
merchandise, we may revisit the issue and review the totality of 
information to determine if Fengkun Foundry should receive the same 
antidumping duty treatment with respect to brake rotors as the former 
Fengkun Metallurgical. See Preliminary Results at 25546. On May 31, 
2005, Fengkun Foundry submitted a Certificate of Approval. On June 3, 
2005, respondent submitted a case brief. Also, on June 3, 2005, 
petitioner, the Coalition for the Preservation of American Brake Drum 
and Rotor Aftermarket Manufacturers, filed a case brief and comments on 
the Certificate of Approval submitted by respondent on May 31, 2005. On 
June 10, 2005, both respondent and petitioner submitted a rebuttal 
brief.

Scope of the Order

    The products covered by the 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, 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 rotors which have undergone some drilling and on which the 
surface is not entirely smooth. 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, and Volvo). Brake rotors covered in this 
review 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 the order are brake 
rotors made of gray cast iron, whether finished, semifinished, or 
unfinished, with a diameter less than 8 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, 
the written description of the scope of the order is dispositive.

Analysis of Comments Received

    All issues raised in the case and rebuttal briefs by parties to 
this administrative review are addressed in the Issues and Decision 
Memorandum (``Decision Memorandum'') from Susan H. Kuhbach, Acting 
Deputy Assistant Secretary, AD/CVD Operations, to Joseph A. Spetrini, 
Acting Assistant Secretary for Import Administration, which is hereby 
adopted by this notice. A list of the issues which parties have raised 
and to which we have responded, all of which are in the Decision 
Memorandum, is attached to this notice as an Appendix. Parties can find 
a complete discussion of all issues raised in this review and the 
corresponding recommendations in this public memorandum which is on 
file in the Central Records Unit, Room B-099 of the main Department 
building. In addition, a complete version of the Decision Memorandum 
can be accessed directly on the Web at http://ia.ita.doc.gov/frn/frnhome.htm. The paper copy and electronic version of the Decision 
Memorandum are identical in content.

Successorship and Final Results

    On the basis of the record developed in this proceeding, we 
determine Fengkun Foundry is the successor-in-interest to Fengkun 
Metallurgical for purposes of determining antidumping duty liability. 
For a complete discussion of the basis for this decision, please see 
the Decision Memorandum accompanying this notice.
    Effective as of the date of these final results, we will instruct 
U.S. Customs and Border Protection (``CBP'') to assign Fengkun Foundry 
the same antidumping duty cash-deposit rate applicable to Fengkun 
Metallurgical. The cash-deposit requirement will be effective upon 
publication of this notice of final results of changed circumstances 
review for all shipments of the subject merchandise entered, or 
withdrawn from warehouse, for consumption on or after the publication 
date.
    This notice also serves as a final reminder to parties subject to 
administrative protective orders (``APOs'') of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO in accordance with 19 CFR 351.305(a)(3). Failure to timely notify 
the Department in writing of the return/destruction of APO material is 
a sanctionable violation.
    We are issuing and publishing this finding and notice in accordance 
with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 
351.221(c)(3) and 19 CFR 351.216.

    Dated: July 11, 2005.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.

APPENDIX I

Comment 1: Whether Fengkun Foundry is the successor-in-interest to 
Fengkun Metallurgical
Comment 2: Circumvention of the Antidumping Order

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Comment 3: Separate Rates
[FR Doc. E5-3802 Filed 7-15-05; 8:45 am]
BILLING CODE 3510-DS-S