[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Pages 18740-18742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9963]
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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
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\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.
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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:
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Exporter(s) Producer(s)
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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).
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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:
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Manufacturer/exporter Margin percentage
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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
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* 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
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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
