[Federal Register: December 3, 2002 (Volume 67, Number 232)]
[Notices]
[Page 71934-71935]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03de02-54]
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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 requests to conduct a
new shipper review of the antidumping duty order on brake rotors from
the People's Republic of China. In accordance with section 751(a)(2)(B)
of the Tariff Act of 1930, as amended (``the Act''), and 19 C.F.R.
351.214(d), we are initiating a review for Xiangfen Hengtai Brake
System Co., Ltd. and Xianghe Xumingyuan Auto Parts Co., Ltd.
EFFECTIVE DATE: December 3, 2002.
FOR FURTHER INFORMATION CONTACT: Terre Keaton or Davina Hashmi, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C.
20230; telephone (202) 482-1280 or 482-0984, respectively.
SUPPLEMENTARY INFORMATION:
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 19 C.F.R. Part 351 (April 2002).
Background
The Department has received timely requests from Xiangfen Hengtai
Brake System Co., Ltd. (``Hengtai'') and Xianghe Xumingyuan Auto Parts
Co., Ltd. (``Xumingyuan''), in accordance with 19 C.F.R. 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), each of the
exporters identified above, which are also producers, 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. Each company has further certified that its export
activities are not controlled by the central government of the PRC,
satisfying the requirements of 19 C.F.R. 351.214(b)(2)(iii)(B).
Pursuant to the Department's regulations at 19 C.F.R.
351.214(b)(2)(iv), Hengtai and Xumingyuan each submitted documentation
establishing the date on which it first shipped the subject merchandise
to the United States, the date of entry of that first shipment, the
volume of that shipment and the date of the first sale to an
unaffiliated customer in the United States.
In accordance with section 751(a)(2)(B) of the Act and 19 C.F.R.
351.214(b), and based on information on the record, we are initiating a
new shipper review for Hengtai and Xumingyuan.
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 questionnaire to Hengtai and Xumingyuan (including a complete
separate rates section), allowing approximately 37 days for response.
If the response from each respondent provides sufficient indication
that it is not subject to either de jure or de facto government control
with respect to its exports of brake rotors, the review will proceed.
If, on the other hand, a respondent does not demonstrate its
eligibility for a separate rate, then it will be deemed to be
affiliated with other companies that exported during the POI and that
it did not establish entitlement to a separate rate, and the review of
that respondent will be rescinded.
Initiation of Review
In accordance with section 751(a)(2)(B)(ii) of the Act and 19
C.F.R. 351.214(d)(1), we are initiating a new shipper review of the
antidumping duty order on brake rotors from the PRC. We intend to issue
the preliminary results of this new shipper review not later than 180
days after initiation of this review.
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Period to
Antidumping Duty Proceeding be Reviewed
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PRC: Brake Rotors, A-570-846...............................
Hengtai Brake System Co., Ltd.............................. 04/01/02 -
09/30/02
Xianghe Xumingyuan Auto Parts Co., Ltd..................... 04/01/02 -
09/30/02
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We will instruct the Customs Service to allow, at the option of the
importer,
[[Page 71935]]
the posting, until the completion of the review, of a bond or security
in lieu of a cash deposit for each entry of the subject merchandise
from the above-listed companies in accordance with 19 C.F.R.
351.214(e). Because Hengtai and Xumingyuan certified that they both
produce and export the subject merchandise, the sale of which was the
basis for this new shipper review request, we will apply the bonding
privilege only to subject merchandise for which they are both the
producer and exporter.
Interested parties that need access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 C.F.R. 351.305
and 351.306.
This initiation and notice are in accordance with section 751(a) of
the Act (19 U.S.C. 1675(a)) and 19 C.F.R. 351.214(d).
Dated: November 25, 2002.
Susan Kuhbach,
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. 02-30622 Filed 12-2-02; 8:45 am]