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

AGENCY: Import Administration, International Trade Administration,

Department of Commerce.

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

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

new shipper 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 review.

EFFECTIVE DATE: May 28, 1999.

FOR FURTHER INFORMATION CONTACT: Brian Smith or Brian Ledgerwood,

Import Administration, International Trade Administration, U.S.

Department of Commerce, 14th Street and Constitution Avenue, NW.,

Washington, D.C. 20230; telephone (202) 482-1766 or 482-3836,

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 (1998).

SUPPLEMENTARY INFORMATION:

Background

The Department has received a timely request from Laizhou Hongda

Auto Replacement Parts Co., Ltd., (``Laizhou Hongda''), in accordance

with 19 CFR 351.214(c), 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. As required by 19

C.F.R. 351.214(b)(2)(i) and (iii)(A), Laizhou Hongda (``the

respondent'') has certified that it did not export brake rotors to the

United States during the period of investigation (``POI''), and that it

has never been affiliated with any exporter or producer which did

export brake rotors during the POI. Laizhou Hongda further certified

that its export activities are not controlled by the central government

of the PRC, satisfying the requirements of 19 CFR

351.214(b)(2)(iii)(B). Pursuant to the Department's regulations at 19

CFR 351.214(b)(2)(iv), Laizhou Hongda submitted documentation

establishing the date on which it first shipped the subject merchandise

to the United States, the volume of that first shipment, and the date

of its first sale to an unaffiliated customer in the United States.

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

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

sufficient indication that Laizhou Hongda 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, Laizhou

Hongda does not demonstrate its eligibility for a separate rate, then

Laizhou Hongda 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 April 30, 1999,

Laizhou Hongda 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 second annual administrative review of this order

for the period April 1, 1998-March 31, 1999, which is being conducted

pursuant to section 751(a)(1) of the Act. Therefore, we intend to issue

the final results of this review not later than 245 days after the last

day of the anniversary month.

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

Period to be

Antidumping duty proceeding reviewed

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

PRC: Brake Rotors, A-570-846......................

Laizhou Hongda Auto Replacement Parts Co., Ltd.... 04/01/98-03/31/99

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

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

351.305 and 351.306.

This initiation and this notice are in accordance with section

751(a) of the

[[Page 28983]]

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

Dated: May 20, 1999.

Bernard Carreau,

Deputy Assistant Secretary, Import Administration.

[FR Doc. 99-13561 Filed 5-27-99; 8:45 am]

BILLING CODE 3510-DS-P