[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Notices]
[Pages 1319-1321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-116]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors from the People's Republic of China: Notice of Final 
Results of Expedited Second Sunset Review of Antidumping Duty Order

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On July 2, 2007, the Department of Commerce (``the 
Department'') published a notice of initiation of a sunset review of 
the antidumping duty order on brake rotors from the People's Republic 
of China (``PRC'') pursuant to section 751(c) of the Tariff Act of 
1930, as amended (``the Act''). See Initiation of Five-Year

[[Page 1320]]

(``Sunset'') Reviews, 72 FR 35968 (July 2, 2007) (``Initiation 
Notice''). On the basis of the notices of intent to participate, an 
adequate substantive response filed on behalf of a domestic interested 
party and an inadequate substantive response filed on behalf of a 
respondent interested party (i.e., a U.S. importer), the Department 
conducted an expedited (120-day) sunset review of the antidumping duty 
order pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a result of 
this sunset review, the Department finds that revocation of the 
antidumping duty order would likely lead to continuation or recurrence 
of dumping at the levels indicated in the ``Final Results of Review'' 
section of this notice.

EFFECTIVE DATE: January 8, 2008.

FOR FURTHER INFORMATION CONTACT: Frances Veith, 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) 482-4295.

SUPPLEMENTARY INFORMATION:

Background

    On July 2, 2007, the Department published the notice of initiation 
of the second sunset review of the antidumping duty order on brake 
rotors from the PRC pursuant to section 751(c) of the Act. See 
Initiation Notice. On July 17, 2007, the Department received a notice 
of intent to participate from a domestic interested party, the 
Coalition for the Preservation of American Brake Drum and Rotor 
Aftermarket Manufacturers (``petitioner''), within the deadline 
specified in section 351.218(d)(1)(i) of the Department's regulations, 
and from a respondent interested party, CWD, LLC (also known as Centric 
Parts) (``CWD''). Petitioner claimed interested party status under 
section 771(9)(C) of the Act as a domestic producer of brake rotors in 
the United States, and CWD claimed interested party status under 
section 771(9)(A) of the Act as a U.S. importer of brake rotors into 
the United States. The Department received substantive responses from 
petitioner and CWD within the deadline specified in section 
351.218(d)(3)(i) of the Department's regulations and rebuttal 
submissions to those responses from petitioner and CWD on August 1 and 
August 6, 2007, respectively. On August 21, 2007, petitioner submitted 
to the Department a correction to its August 6, 2007, rebuttal 
response. On August 21, 2007, the Department notified the International 
Trade Commission (``ITC'') that respondent interested parties did not 
provide an adequate substantive response in this sunset review pursuant 
to section 751(c)(3)(B) of the Act. Therefore, because we did not 
receive an adequate substantive response from the respondent interested 
party, we determined to conduct an expedited review of the order 
pursuant to section 751(c)(3)(B) of the Act and section 
351.218(e)(1)(ii)(C)(2) of the Department's regulations.\1\ On November 
5, 2007, the Department published a notice extending the time limit for 
the completion of the final results of this review until November 29, 
2007. See Brake Rotors from the People's Republic of China: Extension 
of Final Results of Expedited Sunset Review of Antidumping Duty Order, 
72 FR 62430 (November 5, 2007). On December 5, 2007, the Department 
published a notice extending the time limit for the completion of the 
final results of this review until December 31, 2007. See Brake Rotors 
from the People's Republic of China: Extension of Time Limit for Final 
Results of Expedited Sunset Review of Antidumping Duty Order, 72 FR 
68562 (December 5, 2007).
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    \1\ See the Department's August 21, 2007, letter to the ITC, 
regarding ``Expedited Sunset Review of the AD/CVD Order Initiated in 
July 2007.''
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Scope of the Order

    The products covered by this 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 and 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 on which the surface is not entirely smooth, and have undergone 
some drilling. 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, Volvo). Brake rotors covered in 
this order 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 this 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).\2\
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    \2\ In a 2007 scope ruling, the Department determined that brake 
rotors produced by Federal-Mogul and certified by Ford Motor Company 
are excluded from the scope of the order. See the January 17, 2007, 
Department memorandum entitled ``Scope Ruling of the Antidumping 
Duty Order on Brake Rotors from the People's Republic of China; 
Federal-Mogul Corporation.''
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    Brake rotors are currently classifiable under subheadings 
8708.39.5010, 8708.39.5030, and 8708.30.5030 of the Harmonized Tariff 
Schedule of the United States (``HTSUS'').\3\ Although the HTSUS 
subheadings are provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.
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    \3\ As of January 1, 2005, the HTSUS classification for brake 
rotors (discs) changed from 8708.39.5010 to 8708.39.5030. As of 
January 1, 2007, the HTSUS classification for brake rotors (discs) 
changed from 8708.39.5030 to 8708.30.5030. See Harmonized Tariff 
Schedule of the United States (2007) (Rev. 2), available at 
<www.usitc.gov>
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Analysis of Comments Received

    All issues raised in this review are addressed in the ``Issues and 
Decision Memorandum'' (``Decision Memorandum'') from Stephen J. Claeys, 
Deputy Assistant Secretary for Import Administration, to David M. 
Spooner, Assistant Secretary for Import Administration, dated 
concurrently with this notice, which is hereby adopted by this notice. 
The issues discussed in the Decision Memorandum include consideration 
of substantive responses, the likelihood of continuation or recurrence 
of dumping and the magnitude of the margins likely to prevail if the 
order were revoked. 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 in 
room B-099 of the main Commerce building.
    In addition, a complete version of the Decision Memorandum can be 
accessed directly on the web at <http://ia.ita.doc.gov/frn>. The paper 
copy and electronic version of the Decision Memorandum are identical in 
content.

[[Page 1321]]

Final Results of Review

    Pursuant to section 752(c)(3) of the Act, we determine that 
revocation of the antidumping duty order on brake rotors from the PRC 
would likely lead to continuation or recurrence of dumping at the 
following weighted-average percentage margins:

------------------------------------------------------------------------
                                               Weighted-Average Margin
     Manufacturers/Exporters/Producers                (percent)
------------------------------------------------------------------------
Hebei Metals and Minerals Import/export                             8.51
 Corp.....................................
Shandong Jiuyang Enterprise Corporation...                          8.51
Longjing Walking Tractor Works Foreign                              8.51
 Trade I/E................................
Jilin Provincial Machinery & Equipment I/E                          8.51
 Corp.....................................
Qingdao Metals, Minerals and Machinery                              8.51
 Import & Export Corporation..............
Shanxi Machinery and Equipment Import &                             8.51
 Export Corporation.......................
Southwest Technical Import and Export                              16.07
 Corporation..............................
Xianghe Zichen Casting Corporation........                          8.51
Yantai Import and Export Corporation......                          3.56
Yenhere Corporation.......................                          8.51
PRC-Wide Entity...........................                         43.32
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    Excluded from the antidumping duty order are the following 
exporters and producer combinations:\6\
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    \6\ See Notice of Antidumping Duty Order: Brake Rotors from the 
People's Republic of China, 62 FR 18740 (April 17, 1997).
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    Exporter: China National Automotive Industry Import &Export 
Corporation
    Producer: Shandong Laizhou CAPCO Industry;
    Exporter: Shandong Laizhou CAPCO Industry
    Producer: Shandong Laizhou CAPCO Industry;
    Exporter: Shenyang Honbase Machinery Co., Ltd.
    Producer: Shenyang Honbase Machinery Co., Ltd.;
    Exporter: Shenyang Honbase Machinery Co., Ltd.
    Producer: Lai Zhou Luyan Automobile Fittings Co., Ltd.;
    Exporter: Lai Zhou Luyuan Automobile Fittings Co., Ltd.
    Producer: Lai Zhou Luyuan Automobile Fittings Co., Ltd.;
    Exporter: Lai Zhou Luyan Automobile Fittings Co., Ltd.
    Producer: Shenyang Honbase or Laizhou Luyuan; and
    Exporter: China National Machinery and Equipment I&E (Xinjiang) 
Corporation, Ltd.
    Producer: Zibo Botai Manufacturing Co., Ltd.
    In a five-year sunset review, it is the Department's policy to 
include companies that did not begin exporting until after the order 
was issued as part of the PRC-wide entity from the investigation.\7\ 
For those companies that shipped after the order was issued, we 
determine that revocation of the antidumping duty order on brake rotors 
from the PRC would be likely to lead to continuation or recurrence of 
dumping at the PRC-wide percentage margin.
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    \7\ See Policies Regarding the Conduct of Five-year (``Sunset'') 
Reviews of Antidumping and Countervailing Duty Orders; Policy 
Bulletin, 63 FR 18871, 18873 (April 16, 1998).
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Notification Regarding Administrative Protective Order:

    This notice also serves as the only reminder to parties subject to 
administrative protective orders (``APO'') of their responsibility 
concerning the return or destruction of proprietary information 
disclosed under APO in accordance with section 351.305 of the 
Department's regulations. Timely notification of the return or 
destruction of APO materials or conversion to judicial protective order 
is hereby requested. Failure to comply with the regulations and terms 
of an APO is a violation which is subject to sanction.
    We are issuing and publishing these results and this notice in 
accordance with sections 751(c), 752(c) and 777(i)(1) of the Act.

    Dated: December 31, 2007.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-116 Filed 1-7-08; 8:45 am]
BILLING CODE 3510-DS-S