[Federal Register Volume 62, Number 73 (Wednesday, April 16, 1997)]
[Notices]
[Pages 18650-18651]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9844]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. 731-A-744 (Final)]
Certain Brake Drums and Rotors From China
Determinations
On the basis of the record 1 developed in the subject
investigation, the United States International Trade Commission
determines, pursuant to section 735(b) of the Tariff Act of 1930 (19
U.S.C. 1673d(b)) (the Act), that an industry in the United States is
not materially injured or threatened with material injury, and the
establishment of an industry in the United States is not materially
retarded by reason of imports from China of certain brake drums that
have been found by the Department of Commerce to be sold in the United
States at less than fair value (LTFV). The Commission also
determines,2 pursuant to section 735(b) of the Act (19 U.S.C.
1673d(b)), that an industry in the United States is materially injured
by reason of imports from China of certain brake rotors that have been
found by the Department of Commerce to be sold in the United States at
LTFV. The Commission, with respect to imports of certain brake rotors
and pursuant to section 735(b)(4)(A) of the Act (19 U.S.C.
1673d(b)(4)(A)), makes a negative determination regarding critical
circumstances. Both certain brake drums and rotors are provided for in
subheading 8708.39.50 of the Harmonized Tariff Schedule of the United
States.3
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\1\ The record is defined in sec. 207.2(f) of the Commission's
Rules of Practice and Procedure (19 CFR 207.2(f)).
\2\ Commissioner Carol T. Crawford dissenting.
\3\ For purposes of this investigation, the subject brake drums
are defined by Commerce as being 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 drums 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 drums are those that are ready for sale and
installation without any further operations. Semifinished drums are
those on which the surface is not entirely smooth, and has undergone
some drilling. Unfinished drums are those which have undergone some
grinding or turning.
These brake drums 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 drums covered in this
investigation are not certified by OEM producers of vehicles sold in
the United States. The scope also includes composite brake drums
that are made of gray cast iron, which contain a steel plate, but
otherwise meet the above criteria.''
The subject brake rotors are defined by Commerce as being 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. Semifinished 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 plate, but
otherwise meet the above criteria.''
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Background
The Commission instituted this investigation effective March 7,
1996, following receipt of a petition filed with the Commission and the
Department of Commerce by counsel for the Coalition for the
Preservation of American Brake Drum & Rotor Aftermarket
Manufacturers.4 The final phase of the investigation was scheduled
by the Commission following notification of a preliminary determination
by the Department of Commerce that imports of certain brake drums and
rotors from China were being sold at LTFV within the meaning of section
733(b) of the Act (19 U.S.C. 1673b(b)). Notice of the scheduling of the
Commission's investigation and of a public hearing to be held in
connection therewith was given by posting copies of the notice in the
Office of the Secretary, U.S. International Trade Commission,
[[Page 18651]]
Washington, DC, and by publishing the notice in the Federal Register of
November 6, 1996 (61 FR 57449). The hearing was held in Washington, DC,
on February 28, 1997, and all persons who requested the opportunity
were permitted to appear in person or by counsel.
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\4\ The members of the Coalition for the Preservation of
American Brake Drum & Rotor Aftermarket Manufacturers consist of
Brake Parts, Inc., McHenry, IL; Kinetic Parts Manufacturing, Inc.,
Harbor City, CA; Iroquois Tool Systems, Inc., North East, PA; and
Wagner Brake Corp., St. Louis, MO.
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The Commission transmitted its determination in this investigation
to the Secretary of Commerce on April 9, 1997. The views of the
Commission are contained in USITC Publication 3035 (April 1997),
entitled ``Certain Brake Drums and Rotors from China: Investigation No.
731-TA-744 (Final).''
Issued: April 8, 1997.
By order of the Commission.
Donna R. Koehnke,
Secretary.
[FR Doc. 97-9844 Filed 4-15-97; 8:45 am]
BILLING CODE 7020-02-P
