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

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 Review

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 People's Republic of China. In accordance with 19

CFR 351.214(d), we are initiating this administrative review.

EFFECTIVE DATE: May 22, 1998.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Sunkyu Kim, Import

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

Commerce, 14th Street and Constitution Avenue, NW, Washington, DC

20230; telephone (202) 482-1766 or 482-2613, 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 (62 FR 27295, May 19, 1997).

SUPPLEMENTARY INFORMATION:

Background

The Department has received a timely request from Yantai Chen Fu

Machinery Co., Ltd., (``YCFM''), in accordance with 19 CFR 351.214(d),

for a new shipper review of the antidumping duty order on brake rotors

from the People's Republic of China (``PRC''), which has an April

anniversary date. YCFM (``the respondent'') has certified that it did

not export brake rotors to the United States during the period of

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

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

In accordance with section 751(a)(2)(B) of the Act, as amended, and

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

initiating the new shipper review as requested.

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

economies to require that a company 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 respondent, allowing

30 days for response. If the response from the respondent provides

sufficient indication that the YCFM is not subject to either de jure or

de facto government control with respect to its exports of brake

rotors, this review will proceed. If, on the other hand, YCFM does not

demonstrate its eligibility for a separate rate, then YCFM 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 this

review will be terminated.

Initiation of Review

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

351.214(d)(1), we are initiating a new shipper review of the

antidumping duty order on brake rotors from the PRC. On May 11, 1998,

YCFM agreed to waive the time limits in order that the Department,

pursuant to 19 CFR 351.214(j)(3), may conduct this review concurrent

with the first annual administrative review of this order for the

period October 10, 1996-March 31, 1998, which is being conducted

pursuant to section 751(a)(1) of the Act. See, Antidumping Duties,

Countervailing Duties; Final Rule, (62 FR 27295, 27395, May 19, 1997).

Therefore, we intend to issue the final results of this review not

later than 245 days after the last day of the anniversary month.

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Period to be

Antidumping duty proceeding reviewed

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PRC: Brake Rotors, A-570-846:

Yantai Chen Fu Machinery Co., Ltd................ 10/10/96-03/31/98

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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 company. This action is in

accordance with 19 CFR 351.214(e) and (j)(3).

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).

This initiation 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: May 14, 1998.

Maria Harris Tildon,

Acting Deputy Assistant Secretary, Import Administration.

[FR Doc. 98-13803 Filed 5-21-98; 8:45 am]

BILLING CODE 3510-DS-P