[Federal Register Volume 74, Number 104 (Tuesday, June 2, 2009)]
[Notices]
[Pages 26371-26373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12827]


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DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]


Brake Rotors From the People's Republic of China: Final Results 
and Partial Rescission of the 2007 Antidumping Duty Administrative 
Review

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

SUMMARY: On March 20, 2009, the Department of Commerce (the Department) 
published the preliminary results and partial rescission of the 2007 
administrative review of the antidumping duty order on brake rotors 
from the People's Republic of China covering the period April 1, 2007, 
through August 13, 2007. No interested party commented on the 
preliminary results or the partial rescission. We have made no changes 
to the margin calculations. Therefore, the final results do not differ 
from the preliminary results. The final weighted-average dumping 
margins for the reviewed firms are listed below in the section entitled 
``Final Results of Review.''

DATES: Effective Date: June 2, 2009.

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 or (202) 482-1280, respectively.

SUPPLEMENTARY INFORMATION:

Background

    This administrative review of the antidumping duty order on brake 
rotors from the People's Republic of China (PRC) covers one mandatory 
respondent (Yantai Winhere Auto-Part Manufacturing Co., Ltd. (Winhere)) 
and the following 11 respondents not selected for individual review: 
Laizhou Auto Brake Equipment Co., Ltd. (LABEC); Laizhou Hongda Auto 
Replacement Parts Co., Ltd. (Laizhou Hongda); Longkou Jinzheng 
Machinery Co., Ltd. (Jinzheng); Longkou TLC Machinery Co., Ltd. 
(Longkou TLC); Qingdao Gren (Group) Co. (Gren); Qingdao Meita 
Automotive Industry Co., Ltd. (Meita); Xianghe Zichen Casting Company, 
Ltd. (Xianghe Zichen); Zibo Botai Manufacturing Co., Ltd. (Zibo Botai); 
Laizhou Luda Sedan Fittings Company, Ltd. (Luda); Laizhou Sanli 
(Sanli); and Zibo Golden Harvest Machinery Limited Company (ZGOLD). We 
are rescinding this review with respect to China National Automotive 
Industry Import & Export Corporation or National Automotive Industry 
Import & Export Corporation (CAIEC) and Shandong Laizhou CAPCO Industry 
(Laizhou CAPCO). See ``Final Partial Rescission of 2007 Administrative 
Review'' section below.
    On March 20, 2009, the Department published the preliminary results 
and partial rescission of this administrative review. See Brake Rotors 
From the People's Republic of China: Preliminary Results of the 2007 
Administrative Review and Partial Rescission, 74 FR 11911 (Preliminary 
Results). We invited interested parties to comment on the Preliminary 
Results. Comments were due April 20, 2009, however, no interested party 
submitted comments. We have conducted this administrative review in 
accordance with sections 751 and 777(i)(1) of the Tariff Act of 1930, 
as amended (the Act) and sections 19 CFR 351.213 and 19 CFR 351.221 of 
the Department's regulations.

Period of Review

    The period of review (POR) is April 1, 2007, through August 13, 
2007.

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).
    Brake rotors are currently classifiable under subheading 
8708.39.5010 of the Harmonized Tariff Schedule of the United States 
(HTSUS).\1\ Although the

[[Page 26372]]

HTSUS subheading is provided for convenience and customs purposes, the 
written description of the scope of this order is dispositive.
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    \1\ 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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Final Partial Rescission of 2007 Administrative Review

    We preliminarily rescinded the review for CAIEC and Laizhou CAPCO 
because the Department concluded that these companies did not export 
subject merchandise to the United States during the POR. See 
Preliminary Results at 74 FR 11914. No interested parties filed 
comments objecting to our preliminary rescission. Therefore, in 
accordance with 19 CFR 351.213(d)(3), we are rescinding this 
administrative review with respect to these companies.

Final Results of Review

    We determine that the following antidumping duty margins exist in 
these final results:

                        Brake Rotors From the PRC
------------------------------------------------------------------------
    Individually reviewed exporter 2007        Weighted-average percent
           administrative review                   margin (percent)
------------------------------------------------------------------------
Yantai Winhere Auto-Part Manufacturing Co.,  0.04 (de minimis)
 Ltd.
------------------------------------------------------------------------
   Separate-rate applicant exporters 2007      Weighted-average percent
           administrative review                   margin (percent)
------------------------------------------------------------------------
Laizhou Auto Brake Equipment Co., Ltd......  0.04 (de minimis)
Laizhou Hongda Auto Replacement Parts Co.,   0.04 (de minimis)
 Ltd.
Longkou Jinzheng Machinery Co., Ltd........  0.04 (de minimis)
Longkou TLC Machinery Co., Ltd.............  0.04 (de minimis)
Qingdao Gren (Group) Co....................  0.04 (de minimis)
Qingdao Meita Automotive Industry Co., Ltd.  0.04 (de minimis)
Xianghe Zichen Casting Company, Ltd........  0.04 (de minimis)
Zibo Botai Manufacturing Co., Ltd..........  0.04 (de minimis)
------------------------------------------------------------------------
               PRC-wide rate                       Margin (percent)
------------------------------------------------------------------------
PRC-Wide Rate (including Laizhou Luda Sedan  43.32
 Fittings Company, Ltd., Laizhou Sanli and
 Zibo Golden Harvest Machinery Limited
 Company).
------------------------------------------------------------------------

Assessment

    Pursuant to section 751(a)(2)(A) of the Act and 19 CFR 351.212(b), 
the Department will determine, and CBP shall assess, antidumping duties 
on all appropriate entries. The Department intends to issue assessment 
instructions to CBP 15 days after the date of publication of these 
final results of review. In accordance with 19 CFR 351.212(b)(1), for 
Winhere, we calculated importer (or customer)-specific assessment rates 
for the merchandise subject to this review. Because we do not have 
entered values on the record for Winhere's sales, we calculated a per-
unit assessment rate by aggregating the antidumping duties due for all 
U.S. sales to each importer (or customer) and dividing this amount by 
the total quantity sold to that importer (or customer). See 19 CFR 
351.212(b)(1). To determine whether the duty assessment rates are de 
minimis, in accordance with the requirement set forth in 19 CFR 
351.106(c)(1), we calculated importer (or customer)-specific ad valorem 
ratios based on the estimated entered value. Where an importer (or 
customer)-specific ad valorem rate is zero or de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties. See 19 CFR 351.106(c)(2).
    As stated in the Preliminary Results, for the companies receiving a 
separate rate that were not selected for individual review (i.e., Gren, 
Jinzheng, LABEC, Laizhou Hongda, Longkou TLC, Meita, Xianghe Zichen, 
and Zibo Botai), we calculated an assessment rate based on the 
weighted-average margin calculated for Winhere, the only mandatory 
respondent in this review. As Winhere's margin is de minimis, we will 
instruct CBP to liquidate appropriate entries without regard to 
antidumping duties with respect to these companies. See 19 CFR 
351.106(c)(2).
    With respect to the PRC-wide entity which includes Luda, Sanli and 
ZGOLD (i.e., the respondents that did not demonstrate their eligibility 
for separate-rate status), we will instruct CBP to liquidate 
appropriate entries at the PRC-wide rate of 43.32 percent.

Cash Deposit Requirements

    The antidumping duty order on brake rotors from the PRC was revoked 
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). As a result, we 
instructed CBP to terminate the suspension of liquidation of entries of 
the subject merchandise. Therefore, the collection of cash deposits of 
antidumping duties on entries of the subject merchandise is no longer 
required.

Notification to Importers

    This notice also serves as the final reminder to importers of their 
responsibility under 19 CFR 351.402(f) 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 in the subsequent 
assessment of double antidumping duties. This notice also serves as the 
only reminder to parties subject to administrative protective order 
(APO) of their responsibility concerning the return or destruction or 
conversion to judicial protective order of proprietary information 
disclosed under APO in accordance with 19 CFR 351.305(a)(3). Timely 
written notification of the return or destruction of APO materials or 
conversion to

[[Page 26373]]

judicial protective order is hereby requested. Failure to comply with 
the regulations and the terms of an APO is a sanctionable violation. 
This administrative review and this notice are published in accordance 
with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: May 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-12827 Filed 6-1-09; 8:45 am]
BILLING CODE 3510-DS-P