[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29299-29300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-10134]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


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

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


EFFECTIVE DATE: May 25, 2007.

SUMMARY: The Department of Commerce (``Department'') received a timely 
request 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 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(``Act''), and 19 CFR 351.214(d)(1), we are initiating a new shipper 
review for Shanghai Tylon Company Ltd. (``Tylon'').


FOR FURTHER INFORMATION CONTACT: Ann Fornaro or Blanche Ziv, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
3927 and (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 18, 2007, during the anniversary month of the antidumping 
duty order on brake rotors from the PRC, the Department received a 
request from Tylon for a new shipper review of the order, pursuant to 
section 751(a)(2)(B) of the Act and 19 CFR 351.214(c). See Notice of 
Antidumping Duty Order: Brake Rotors from the People's Republic of 
China, 62 FR 18740 (April 17, 1997).
    As required by 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 
351.214(b)(2)(iii)(A), Tylon certified that it did not export the 
subject merchandise to the United States during the period of 
investigation (``POI''), and that since the initiation of the 
investigation, the company has never been affiliated with any exporter 
or producer who exported subject merchandise to the United States 
during the POI. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Tylon further 
certified that its export activities are not controlled by the central 
government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(ii)(B), Yantai Hongda Auto 
Replacement Parts Co., Ltd. (``Yantai Hongda''), the producer of 
subject merchandise, certified that it did not export subject 
merchandise to the United States during the POI. In accordance with 19 
CFR 351.214(b)(iii)(B), Yantai Hongda further certified that since the 
investigation was initiated, it has never been affiliated with any 
exporter or producer who exported the subject merchandise to the United 
States during the POI and that its export activities are not controlled 
by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Tylon submitted 
documentation establishing the following: (1) the date on which it 
first shipped brake rotors for export to the United States; (2) the 
volume of its first shipment and any subsequent shipments; and (3) the 
date of its first sale to an unaffiliated customer in the United 
States.

Initiation of New Shipper Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on information on the record, we find that 
Tylon's request meets the threshold requirements for initiation of a 
new shipper review. See Memorandum to the File through Wendy J. 
Frankel, Director, AD/CVD Operations, Office 8, and Blanche Ziv, 
Program Manager, AD/CVD Operations, Office 8, from the Team, entitled 
``Initiation of AD New Shipper Review: Brake Rotors from the People's 
Republic of China,'' dated, May 21, 2007. Therefore, we are initiating 
a new shipper review for shipments of brake rotors produced by Yantai 
Hongda and exported by Tylon. The Department will conduct this new 
shipper review according to the deadlines set forth in section 
751(a)(2)(B)(iv) of the Act.
    On April 26, 2007, the Department issued a supplemental 
questionnaire to Tylon, informing the company that the period of review 
(``POR'') stated in its request did not meet the requirements 
articulated in 19 CFR 351.214(g)(1)(i)(A), and requested that Tylon 
correct and resubmit its new shipper review request with the 
appropriate POR within the time frame set forth in 19 CFR 351.214(d). 
On April 27, 2007, in response to the Department's request, Tylon 
resubmitted its new shipper review request with the appropriate POR. 
Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper 
review initiated in the month immediately following the anniversary 
month normally will cover the 12-month period immediately preceding the 
anniversary month. Therefore, the POR for this new shipper review will 
be April 1, 2006, through March 31, 2007.
    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the PRC-wide entity rate provide evidence of de jure 
and de facto absence of government control over the company's export 
activities. Accordingly, we will issue a questionnaire to Tylon, 
including a separate-rate section. The review will proceed if the 
responses provide sufficient indication that Tylon is not subject to 
either de jure or de facto government control with respect to its 
exports of brake rotors. However, if Tylon does not demonstrate its 
eligibility for a separate rate, the company will be deemed not 
separate from other companies that exported during the POI, and the new 
shipper review for Tylon will be rescinded.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law by Congress. Section 1632 of H.R. 4 temporarily 
suspends the authority of the Department to instruct U.S. Customs and 
Border Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews. Therefore, the posting of a bond or 
other security under section 751(a)(2)(B)(iii) of the Act in lieu of a 
cash deposit is not available in this case. Importers of brake rotors 
exported by Tylon and produced by Yantai Hongda must continue to post a 
cash deposit of

[[Page 29300]]

estimated antidumping duties on each entry of subject merchandise 
(i.e., brake rotors) at the PRC-wide entity rate of 43.32 percent.
    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 issued in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214(d) and 351.221(c)(1)(i).

    Dated: May 21, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-10134 Filed 5-24-03; 8:45 am]
BILLING CODE 3510-DS-S