[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Notices]
[Pages 53193-53194]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21473]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors From the People's Republic of China: Notice of 
Partial Rescission of Antidumping Duty Administrative Review

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

SUMMARY: The U.S. Department of Commerce (the Department) is rescinding 
in part the administrative review of the antidumping duty order on 
brake rotors from the People's Republic of China (PRC) for the period 
April 1, 2007, to August 13, 2007, with respect to Dixion Brake System 
(Longkou) Ltd. (Dixion), Laizhou Luqi Machinery Co., Ltd. (Luqi), 
Laizhou Wally Automobile Co., Ltd. (Wally), Longkou Haimeng Machinery 
Co., Ltd. (Haimeng), and Longkou Orient Autoparts Co., Ltd. (Longkou 
Orient). This partial rescission is based on the withdrawal of the 
requests for review by the interested parties that requested the 
review.

EFFECTIVE DATE: September 15, 2008.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Terre Keaton Stefanova, 
AD/CVD Operations, Office 2, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW., Washington, DC 20230; telephone (202) 482-
1766 and (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 1, 2008, the Department published a notice of opportunity 
to request an administrative review of the antidumping duty order on 
brake rotors from the PRC. See Antidumping or Countervailing Duty 
Order, Finding, or Suspended Investigation; Opportunity to Request 
Administrative Review, 73 FR 17317 (April 1, 2008). In response, 
Dixion, Haimeng, Longkou Orient, Luqi, and Wally, exporters of the 
subject

[[Page 53194]]

merchandise, each timely requested an administrative review of the 
antidumping duty order on brake rotors from the PRC for entries of the 
subject merchandise during the period April 1, 2007, through March 31, 
2008. Therefore, on May 29, 2008, the Department initiated a review of 
Dixion, Haimeng, Longkou Orient, Luqi, and Wally. See Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Requests 
for Revocation in Part, 73 FR 31813 (June 4, 2008).
    The International Trade Commission (ITC) subsequently determined, 
pursuant to section 751(c) of the Tariff Act of 1930, as amended (the 
Act), that revocation of the antidumping duty 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 of its 
decision 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).
    Based on the ITC's decision, the Department subsequently revoked 
the antidumping duty order on brake rotors from the PRC, effective 
August 14, 2007. See Brake Rotors from the People's Republic of China: 
Revocation of Antidumping Duty Order Pursuant to Second Five-Year 
(Sunset) Review, 73 FR 36039 (June 25, 2008) (Revocation Notice). As a 
result of the revocation of this order, effective August 14, 2007, the 
period of review (POR) of this segment was changed to April 1, 2007, 
through August 13, 2007. See Revocation Notice, 73 FR at 36040; and 
Memorandum to the File entitled ``Change in the Period of Review,'' 
dated June 27, 2008.
    In a letter dated July 11, 2008, Dixion and Wally withdrew their 
requests for review and requested that the Department rescind the 
review with respect to them. On August 12, 2008, Longkou Orient also 
withdrew its request for review, as did Haimeng and Luqi on August 13, 
2008.

Rescission, in Part, of Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an 
administrative review, in whole or in part, if the party who requested 
the review withdraws the request within 90 days of the date of 
publication of the notice of initiation of the requested review. 
Accordingly, Dixion, Haimeng, Longkou Orient, Luqi, and Wally timely 
withdrew their requests for review within the 90-day period and no 
other party requested a review of their entries. Therefore, in 
accordance with 19 CFR 351.213(d)(1), we are rescinding this 
administrative review with respect to these companies.

Assessment

    The Department will instruct U.S. Customs and Border Protection 
(CBP) to assess antidumping duties on all appropriate entries. For the 
companies for which this review has been rescinded, antidumping duties 
shall be assessed, if applicable, at rates equal to the cash deposit of 
estimated antidumping duties required at the time of entry, or 
withdrawal from warehouse, for consumption, in accordance with 19 CFR 
351.212(c)(1)(i). The Department intends to issue appropriate 
assessment instructions directly to CBP 15 days after publication of 
this notice.

Notification to Importers

    This notice serves as a reminder to importers of their 
responsibility under 19 CFR 351.402(f)(2) to file a certificate 
regarding the reimbursement of antidumping duties prior to liquidation 
of the relevant entries during this review period. Failure to comply 
with this requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of double antidumping duties.

Notification Regarding Administrative Protective Orders

    This notice also serves as a 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 19 CFR 351.305(a)(3), which 
continues to govern business proprietary information in this segment of 
the proceeding. Timely written 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 the 
terms of an APO is a sanctionable violation.
    This notice is published in accordance with section 777(i) of the 
Act and 19 CFR 351.213(d)(4).

    Dated: September 9, 2008.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E8-21473 Filed 9-12-08; 8:45 am]
BILLING CODE 3510-DS-P