[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