[Federal Register Volume 73, Number 123 (Wednesday, June 25, 2008)]
[Notices]
[Pages 36039-36040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-14421]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Revocation of
Antidumping Duty Order Pursuant to Second Five-Year (Sunset) Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: As a result of the determination by the United States
International Trade Commission (``ITC'') that revocation of the
existing antidumping duty (``AD'') order on brake rotors from the
People's Republic of China (``PRC'') would not be likely to lead to
continuation or recurrence of material injury to an industry in the
United States within a reasonably foreseeable time, the Department of
Commerce (the ``Department'') is publishing this notice of revocation
of the AD order.
DATES: Effective Date: June 25, 2008.
FOR FURTHER INFORMATION CONTACT: Frances Veith or Juanita Chen, AD/CVD
Operations, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: 202-482-4295 and 202-482-1904,
respectively.
SUPPLEMENTARY INFORMATION:
Background
On April 17, 1997, the Department published the AD order on brake
rotors from the PRC.\1\ On July 2, 2007, the Department published the
notice of initiation of the sunset review of the AD duty order on brake
rotors from the PRC pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). See Initiation of Five-Year
(``Sunset'') Reviews, 72 FR 35968 (July 2, 2007) (``Initiation
Notice''). As a result of its review, the Department found that
revocation of the AD order would be likely to lead to continuation or
recurrence of dumping and notified the ITC of the margins likely to
prevail were the order revoked. See Brake Rotors from the People's
Republic of China: Notice of Final Results of Expedited Second Sunset
Review of Antidumping Duty Order, 73 FR 1319 (January 8, 2008) (``Brake
Rotors Final'').
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\1\ 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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On May 29, 2008, the ITC determined, pursuant to section 751(c) of
the Act, that revocation of the AD order on brake rotors from the PRC
would not be likely to lead to continuation or recurrence of material
injury to an industry in the United States within a reasonably
foreseeable time. The ITC notified the Department on June 12, 2008, and
published its decision on June 18, 2008. See Brake Rotors From China:
Investigation No. 731-TA-744 (Second Review), 73 FR 34790 (June 18,
2008) and ITC Publication 4009 Inv. No. 731-TA-744 (Second Review)
(June 2008).
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,
[[Page 36040]]
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,'' Notice of Scope Rulings, 72 FR 23802
(May 1, 2007).
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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 http://www.usitc.gov.
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Revocation of Order
As a result of the determination by the ITC that revocation of this
AD order would not be likely to lead to continuation or recurrence of
material injury to an industry in the United States within a reasonably
foreseeable time, pursuant to section 751(d) of the Act, the Department
is revoking the AD order on brake rotors from the PRC. Pursuant to
section 751(d)(3) of the Act and 19 CFR 351.222(i)(2)(i), the effective
date of revocation is August 14, 2007 (i.e., the fifth anniversary of
the date of publication in the Federal Register of the notice of
continuation of this AD order).\4\ The Department will notify U.S.
Customs and Border Protection to terminate suspension of liquidation
and collection of cash deposits on entries of the subject merchandise
entered or withdrawn from warehouse on or after August 14, 2007, the
effective date of revocation of the AD order. The Department will
complete any pending administrative reviews of this order and will
conduct administrative reviews of subject merchandise entered prior to
the effective date of revocation in response to appropriately filed
requests for review.
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\4\ See Continuation of Antidumping Duty Order: Brake Rotors
from the People's Republic of China, 67 FR 52933 (August 14, 2002).
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This five-year or ``sunset'' review and notice are in accordance
with sections 751(c) and 751(d)(2) of the Act and published pursuant to
section 777(i)(1) of the Act.
Dated: June 20, 2008.
Stephen J. Claeys,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-14421 Filed 6-24-08; 8:45 am]
BILLING CODE 3510-DS-P