[Federal Register Volume 73, Number 105 (Friday, May 30, 2008)]
[Notices]
[Page 31065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-12090]



[[Page 31065]]

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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 30, 2008.
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 Section 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 Longkou Zhongkai Automobile Parts Co., Ltd. 
(``Longkou Zhongkai'').

FOR FURTHER INFORMATION CONTACT: Andrea Staebler Berton 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-
4037 and (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 31, 2008, prior to the beginning of the anniversary month 
of the antidumping duty order on brake rotors from the PRC, the 
Department received a request from Longkou Zhongkai 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)(i) and 351.214(b)(2)(iii)(A), 
Longkou Zhongkai 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), Longkou Zhongkai 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)(iv), Longkou Zhongkai 
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), we find that the request submitted by Longkou Zhongkai 
meets the threshold requirements for initiation of a new shipper review 
of shipments of brake rotors from the PRC produced and exported by this 
company. 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 Checklist of 
AD New Shipper Review: Brake Rotors from the People's Republic of 
China,'' dated concurrently with this note. Therefore, we are 
initiating a new shipper review for shipments of brake rotors produced 
and exported by Longkou Zhongkai. The Department will conduct this new 
shipper review in accordance with the deadlines set forth in section 
751(a)(2)(B)(iv) of the Act.
    Pursuant to 19 CFR 351.214(g)(1)(i)(A), the period of review 
(``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, 2007, through March 31, 2008.
    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 Longkou 
Zhongkai, including a separate-rate section. The review will proceed if 
the responses provide sufficient indication that Longkou Zhongkai is 
not subject to either de jure or de facto government control with 
respect to its exports of brake rotors. However, if Longkou Zhongkai 
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 Longkou Zhongkai 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 and produced by Longkou Zhongkai must continue to post a cash 
deposit of 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 22, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-12090 Filed 5-29-08; 8:45 am]
BILLING CODE 3510-DS-S