Notice of Amended Final Determination of Sales at Less Than Fair Value: Brake Rotors From the People's Republic of China

DEPARTMENT OF COMMERCE

[A-570-846]

Notice of Amended Final Determination of Sales at Less Than Fair

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

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: April 2, 1997.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Michelle A.

Frederick, Office of AD/CVD Enforcement, Import Administration,

International Trade Administration, Department of Commerce, 14th Street

and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)

482-1766 or (202) 482-0186, respectively.

[[Page 15656]]

The Applicable Statute

Unless otherwise indicated, all citations to the statute are

references to the provisions effective January 1, 1995, the effective

date of the amendments made to the Tariff Act of 1930 (the Act) by the

Uruguay Rounds Agreements Act.

Amendment to the Final Determination

We are amending the final determination of sales at less than fair

value of brake rotors from the People's Republic of China (the PRC) to

reflect the correction of ministerial errors made in the margin

calculations in that determination. We are publishing this amendment to

the final determination in accordance with 19 CFR 353.28(c).

Case History and Amendment of the Brake Rotors Final Determination

On February 24, 1997, the Department of Commerce (the Department)

issued final determinations, pursuant to section 735 of the Act, that

brake drums and brake rotors from the PRC are being, or are likely to

be sold in the United States at less than fair value. See Final

Determinations of Sales at Less Than Fair Value: Brake Drums and Brake

Rotors from the People's Republic of China, 62 FR 9160 (February 28,

1997). On March 10, 13 and 14, 1997, certain respondents 1 and the

petitioner submitted allegations that ministerial errors were made in

the Department's brake rotors final determination. Neither the

respondents nor the petitioner alleged the existence of ministerial

errors in the Department's final determination in the companion brake

drums case.

---------------------------------------------------------------------------

\1\ These respondents are China National Automotive Industry &

Export Corporation and Laizhou CAPCO Machinery Co., Ltd.

(collectively CAIEC/Laizhou CAPCO); Shenyang Honbase Machinery Co.,

Ltd. and Lai Zhou Luyuan Automobile Fittings Co., Ltd. (collectively

Shenyang/Lai Zhou); and Southwest Technical Import & Export

Corporation (Southwest).

---------------------------------------------------------------------------

A ``ministerial error'' is defined under 19 CFR 353.28 as:

``an error in addition, subtraction, or other arithmetic function,

clerical error resulting from inaccurate copying, duplication, or

the like, and any other type of unintentional error which the

Secretary considers ministerial.'' 19 CFR 353.28(d).

The Department's regulations provide that the Department will correct

any ministerial error by amending the final determination. Below, we

discuss only those ministerial error allegations with which we agree,

and which resulted in a change to a respondent's antidumping margin.

Only Southwest made such an allegation. For a further discussion of

these and all other ministerial error allegation made in this case, see

March 25, 1997, Memorandum to Richard W. Moreland, Acting Deputy

Assistant Secretary, Import Administration.

Southwest

Southwest alleged that the Department erred in its valuation and/or

calculations of scrap value, rustproofing oil, and freight cost for

coke.

We agree and have therefore made the necessary corrections in the

margin program for these errors.

Conclusion

As described above, after reviewing the interested parties'

allegations of clerical errors, we have amended the calculation of the

antidumping margin for Southwest. Because of the change to the

Southwest rate, we have also revised the margin for those respondents

whose responses were not examined in this investigation.

Suspension of Liquidation

In accordance with section 735(d) of the Act, we are directing the

Customs Service to continue to suspend liquidation of all entries of

brake rotors from the PRC exported by companies listed below, that are

entered, or withdrawn from warehouse, for consumption on or after

October 10, 1996, the date on which the Department published its

preliminary determination. On or after the date of publication of this

notice in the Federal Register, the Customs Service will require a cash

deposit or posting of a bond equal to the estimated dumping margins by

which the normal value exceeds the U.S. price, as shown below. These

suspension of liquidation instructions will remain in effect until

further notice. Suspension of liquidation instructions for firms not

listed below remain as described in our original notice of final

determination. 62 FR 9160 (February 28, 1997).

The amended weighted-average dumping margins for the brake rotors

respondents are as follows:

------------------------------------------------------------------------

Weighted-

average

Manufacturer/producer/exporter margin

percentage

------------------------------------------------------------------------

Southwest.................................................. 16.07

Respondents Not Selected:

Hebei Metals and Minerals Import & Export Corporation.. 8.51

Jilin Provincial Machinery & Equipment Import & Export

Corporation........................................... 8.51

Shandong Jiuyang Enterprise Corporation................ 8.51

Longjing Walking Tractor Works Foreign Trade Import &

Export Corporation.................................... 8.51

Qingdao Metals, Minerals & Machinery Import & Export

Corporation........................................... 8.51

Shanxi Machinery and Equipment Import & Export

Corporation........................................... 8.51

Xianghe Zichen Casting Corporation..................... 8.51

Yenhere Corporation.................................... 8.51

------------------------------------------------------------------------

[[Page 15657]]

This amended final determination is published pursuant to section

735(e) of the Act.

Dated: March 27, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-8390 Filed 4-1-97; 8:45 am]

BILLING CODE 3510-DS-P