Brake Rotors From the People's Republic of China: Initiation of New Shipper Antidumping Duty Administrative Reviews

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]

Brake Rotors From the People's Republic of China: Initiation of

New Shipper Antidumping Duty Administrative Reviews

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

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SUMMARY: The Department of Commerce has received a request to conduct a

new shipper administrative review of the antidumping duty order on

brake rotors from the PRC. In accordance with 19 C.F.R. 351.214(d), we

are initiating this administrative review.

EFFECTIVE DATE: December 4, 1997.

FOR FURTHER INFORMATION CONTACT: Everett Kelly or Brian Smith, Import

Administration, International Trade Administration, U.S. Department of

Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.

20230; telephone (202) 482-4194 or 482-1766, respectively.

Applicable Statute and Regulations

Unless otherwise indicated, all citations to the Tariff Act of

1930, as amended (``the Act''), are references to the provisions

effective January 1, 1995, the effective date of the amendments made to

the Act by the Uruguay Round Agreements Act. In addition, unless

otherwise indicated, all citations to the Department of Commerce (``the

Department'') regulations are to the provisions codified at 19 CFR part

351 (1997).

SUPPLEMENTARY INFORMATION:

Background

The Department has received timely requests from China National

Industrial Machinery Import & Export Company

[[Page 64207]]

(``CNIM''), Lai Zhou Auto Brake Equipments Factory (``LABEF''), Longkou

Haimeng Machinery Co., Ltd. (``Haimeng''), Qingdao Gren Co. (``GREN''),

Yantai Winhere Auto-Part Manufacturing Co., Ltd. (``Winhere''), and

Zibo Luzhou Automobile Parts Co., Ltd. (``ZLAP'') in accordance with 19

CFR 351.214(d), for new shipper reviews of the antidumping duty order

on brake rotors from the People's Republic of China (``PRC'') which has

an April anniversary date. CNIM, LABEF, Haimeng, GREN, Winhere, and

ZLAP (``the respondents'') have certified that each entity did not

export brake rotors to the United States during the period of

investigation (``POI''), and that each is not affiliated with any

exporter or producer which did export brake rotors during the POI.

On October 29, 1997, the Coalition for the Preservation of American

Brake Drums and Rotors Aftermarket Manufacturers (``the petitioner'')

alleged that there were insufficiencies and inconsistencies in

respondents' requests. The petitioner claimed that the respondents did

not meet the legal requirements of 19 CFR 351.214 and 351.221, and

requested that the Department decline to initiate new shipper reviews.

On October 31, 1997, the respondents submitted supplemental

responses to the petitioner's comments, and rectified the deficiencies

pointed out by the petitioner. Therefore, in accordance with section

751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR

351.214(b), and based on information on the record, we are initiating

the new shipper reviews as requested.

It is the Department's usual practice in cases involving non-market

economies to require that companies seeking to establish eligibility

for an antidumping duty rate separate from the country-wide rate

provide de jure and de facto evidence of an absence of government

control over the company's export activities. Accordingly we will issue

a separate rates questionnaire to the above-named respondents and seek

additional information from the PRC government (as appropriate),

allowing 30 days for response. If the responses from the respondents

and the PRC government provide sufficient indication that the companies

named are not subject to either de jure or de facto government control

with respect to their exports of brake rotors, the review will proceed

as to such companies. If, on the other hand, one or more respondents do

not demonstrate their eligibility for a separate rate, then that or

those PRC entities will be deemed to be affiliated with other companies

that exported during the POI and that did not establish entitlement to

a separate rate, and the review of any such companies will be

terminated.

Initiation of Reviews

In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR

351.214(d)(1), we are initiating new shipper reviews of the antidumping

duty order on brake rotors from the PRC. We intend to issue the final

results of these reviews not later than 270 days after the date of

publication of this notice.

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Period to be

Antidumping duty proceeding reviewed

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PRC: Brake Rotors, A-570-846: China National

Industrial Machinery Import & Export Co., Lai Zhou

Auto Brake Equipments Factory, Longkou Haimeng

Machinery Co., Ltd., Qingdao Gren (Group) Co.,

Yantai Winhere Auto-Part Manufacturing Co., Ltd. 03/01/97-9/30/97

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We will instruct the U.S. Customs Service to allow, at the option

of the importer, the posting, until the completion of the review, of a

bond or security in lieu of a cash deposit for each entry of the

merchandise exported by the above listed companies. This action is in

accordance with 19 CFR 351.214(d).

Interested parties that need access to the proprietary information

in this new shipper review should submit applications for disclosure

under administrative protective orders in accordance with 19 CFR

353.34(b).

These initiations and this notice are in accordance with section

751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

Dated: November 28, 1997.

Richard W. Moreland,

Acting Deputy Assistant Secretary, Import Administration.

[FR Doc. 97-31801 Filed 12-3-97; 8:45 am]

BILLING CODE 3510-DS-P