Notice of Antidumping Duty Order: Brake Rotors from the People's Republic of China

DEPARTMENT OF COMMERCE

International Trade Administration

[A-570-846]

Notice of Antidumping Duty Order: Brake Rotors from the People's

Republic of China

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

EFFECTIVE DATE: April 17, 1997.

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

Frederick, 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) 482-0186,

respectively.

Scope of 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 has 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

investigation 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

[[Page 18741]]

plate, but otherwise meet the above criteria. Excluded from the scope

of the 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 classifiable under subheading 8708.39.5010 of the

HTSUS. Although the HTSUS subheading is provided for convenience and

customs purposes, our written description of the scope of this

investigation is dispositive.

Antidumping Duty Order

In accordance with section 735(a) of the Tariff Act of 1930, as

amended (the Act), the Department made a final determination that brake

rotors from the People's Republic of China (PRC) are being sold at less

than fair value (62 FR 9160, February 28, 1997). The Department

subsequently amended its final determination to correct clerical errors

made in the final determination (62 FR 15655, April 2, 1997). On April

9, 1997, the International Trade Commission (ITC) notified the

Department of its final determination, pursuant to section

735(b)(1)(A)(i) of the Act, that the brake rotors industry in the

United States is materially injured by reason of imports of the subject

merchandise from the PRC.1

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

\1\ In the companion brake drums investigation, the ITC notified

the Department of its final determination that the brake drums

industry in the United States is not materially injured nor

threatened with material injury by reason of imports of brake drums

from the PRC.

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

In accordance with section 736(a)(1) of the Act, we will direct the

Customs Service to assess, upon further advice by the administering

authority, antidumping duties equal to the amount by which the normal

value of the merchandise exceeds the export price (or the constructed

export price) of the merchandise for all relevant entries of brake

rotors from the PRC, except for imports of brake rotors from the PRC

made by the following exporter/producer combinations, which are

excluded from the order by virtue of having received zero or de minimis

rates in the antidumping duty investigation:

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

Exporter(s) Producer(s)

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

China National Automotive Industry Import Laizhou CAPCO.

& Export Corporation (CAIEC) or Shandong

Laizhou CAPCO Industry (Laizhou CAPCO).

Shenyang Honbase Machinery Co., Ltd. Shenyang or Laizhou.

(Shenyang) or Lai Zhou Luyuan Automobile

Fittings Co., Ltd. (Laizhou).

China National Machinery and Equipment Zibo Botai Manufacturing Co., Ltd. (Zibo).

Import & Export (Xinjiang) Corporation,

Ltd. (Xinjiang).

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

Accordingly, all bonds may be released and entries of these

exporters may be liquidated without regard to antidumping duties.

However, if any of the above-referenced exporters sells subject

merchandise which is not manufactured by the producer(s) noted above

with respect to those exporters, then those entries will be subject to

the ``China-wide'' rate.

For all other exporters, including non-exporter producers listed

above should they later export directly, Customs officers must require,

at the same time as importers would normally deposit estimated duties

on this merchandise, a cash deposit equal to the estimated weighted-

average antidumping duty margins as noted below. The ``China-wide''

rate applies to all exporters of brake rotors not specifically listed

below.

The ad valorem weighted-average dumping margins are as follows:

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

Manufacturer/exporter Margin percentage

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

CAIEC and Laizhou CAPCO/Laizhou CAPCO........ 0.00 (Excluded)

Shenyang and Laizhou/Shenyang or Laizhou..... 0.00 (Excluded)

Xinjiang/Zibo................................ 0.00 (Excluded)

Yantai Import & Export Corporation........... 3.56

Southwest Technical Import & Export 16.07

Corporation, Yangtze Machinery Corporation,

and MMB International, Inc.

Hebei Metals and Minerals Import & Export 8.51 *

Corporation.

Jilin Provincial Machinery & Equipment Import 8.51 *

& Export Corp..

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

Longjing Walking Tractor Works Foreign Trade 8.51 *

Import & Export Corporation.

Qingdao Metals, Minerals & Machinery Import & 8.51 *

Export Corp..

Shanxi Machinery and Equipment Import & 8.51 *

Export Corporation.

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

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

China-Wide Rate.............................. 43.32

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

* Rate is based on the weighted-average of calculated rates that are not

zero or based on facts available.

On April 9, 1997, the ITC notified the Department of its negative

determination regarding critical circumstances. As a result of the

ITC's determination, pursuant to section 735(c)(3) of the Act, we shall

order Customs to terminate the retroactive suspension of liquidation

and to release any bond or other security and refund any cash deposit

required under section 733(e)(2) with respect to entries of subject

merchandise entered or withdrawn from warehouse, for consumption prior

to October 10, 1996, which is the date of publication of the

preliminary determination.

This notice constitutes the antidumping duty order with respect to

brake rotors from the PRC. The Department is excluding from the

application of the order products from the PRC that are manufactured

and sold to the United States by the PRC exporter/manufacturer

combinations noted above; however, the ad valorem weighted-average

dumping margin applicable to brake rotors manufactured

[[Page 18742]]

by any other PRC manufacturers and exported by any of these companies

is 43.32 percent (the PRC-wide rate).

Interested parties may contact the Central Records Unit, Room B-099

of the Main Commerce Building, for copies of an updated list of

antidumping duty orders currently in effect.

This order is published in accordance with section 736(a) of the

Act.

Dated: April 9, 1997.

Robert S. LaRussa,

Acting Assistant Secretary for Import Administration.

[FR Doc. 97-9963 Filed 4-16-97; 8:45 am]

BILLING CODE 3510-DS-P