[Federal Register Volume 62, Number 63 (Wednesday, April 2, 1997)]
[Notices]
[Pages 15655-15657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8390]
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DEPARTMENT OF COMMERCE
[A-570-846]
Notice of Amended Final Determination of Sales at Less Than Fair
Value: Brake Rotors From the People's Republic of China
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: April 2, 1997.
FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Michelle A.
Frederick, Office of AD/CVD Enforcement, Import Administration,
International Trade Administration, Department of Commerce, 14th Street
and Constitution Avenue, N.W., Washington, D.C. 20230; telephone: (202)
482-1766 or (202) 482-0186, respectively.
[[Page 15656]]
The Applicable Statute
Unless otherwise indicated, all citations to the statute are
references to the provisions effective January 1, 1995, the effective
date of the amendments made to the Tariff Act of 1930 (the Act) by the
Uruguay Rounds Agreements Act.
Amendment to the Final Determination
We are amending the final determination of sales at less than fair
value of brake rotors from the People's Republic of China (the PRC) to
reflect the correction of ministerial errors made in the margin
calculations in that determination. We are publishing this amendment to
the final determination in accordance with 19 CFR 353.28(c).
Case History and Amendment of the Brake Rotors Final Determination
On February 24, 1997, the Department of Commerce (the Department)
issued final determinations, pursuant to section 735 of the Act, that
brake drums and brake rotors from the PRC are being, or are likely to
be sold in the United States at less than fair value. See Final
Determinations of Sales at Less Than Fair Value: Brake Drums and Brake
Rotors from the People's Republic of China, 62 FR 9160 (February 28,
1997). On March 10, 13 and 14, 1997, certain respondents 1 and the
petitioner submitted allegations that ministerial errors were made in
the Department's brake rotors final determination. Neither the
respondents nor the petitioner alleged the existence of ministerial
errors in the Department's final determination in the companion brake
drums case.
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\1\ These respondents are China National Automotive Industry &
Export Corporation and Laizhou CAPCO Machinery Co., Ltd.
(collectively CAIEC/Laizhou CAPCO); Shenyang Honbase Machinery Co.,
Ltd. and Lai Zhou Luyuan Automobile Fittings Co., Ltd. (collectively
Shenyang/Lai Zhou); and Southwest Technical Import & Export
Corporation (Southwest).
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A ``ministerial error'' is defined under 19 CFR 353.28 as:
``an error in addition, subtraction, or other arithmetic function,
clerical error resulting from inaccurate copying, duplication, or
the like, and any other type of unintentional error which the
Secretary considers ministerial.'' 19 CFR 353.28(d).
The Department's regulations provide that the Department will correct
any ministerial error by amending the final determination. Below, we
discuss only those ministerial error allegations with which we agree,
and which resulted in a change to a respondent's antidumping margin.
Only Southwest made such an allegation. For a further discussion of
these and all other ministerial error allegation made in this case, see
March 25, 1997, Memorandum to Richard W. Moreland, Acting Deputy
Assistant Secretary, Import Administration.
Southwest
Southwest alleged that the Department erred in its valuation and/or
calculations of scrap value, rustproofing oil, and freight cost for
coke.
We agree and have therefore made the necessary corrections in the
margin program for these errors.
Conclusion
As described above, after reviewing the interested parties'
allegations of clerical errors, we have amended the calculation of the
antidumping margin for Southwest. Because of the change to the
Southwest rate, we have also revised the margin for those respondents
whose responses were not examined in this investigation.
Suspension of Liquidation
In accordance with section 735(d) of the Act, we are directing the
Customs Service to continue to suspend liquidation of all entries of
brake rotors from the PRC exported by companies listed below, that are
entered, or withdrawn from warehouse, for consumption on or after
October 10, 1996, the date on which the Department published its
preliminary determination. On or after the date of publication of this
notice in the Federal Register, the Customs Service will require a cash
deposit or posting of a bond equal to the estimated dumping margins by
which the normal value exceeds the U.S. price, as shown below. These
suspension of liquidation instructions will remain in effect until
further notice. Suspension of liquidation instructions for firms not
listed below remain as described in our original notice of final
determination. 62 FR 9160 (February 28, 1997).
The amended weighted-average dumping margins for the brake rotors
respondents are as follows:
------------------------------------------------------------------------
Weighted-
average
Manufacturer/producer/exporter margin
percentage
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Southwest.................................................. 16.07
Respondents Not Selected:
Hebei Metals and Minerals Import & Export Corporation.. 8.51
Jilin Provincial Machinery & Equipment Import & Export
Corporation........................................... 8.51
Shandong Jiuyang Enterprise Corporation................ 8.51
Longjing Walking Tractor Works Foreign Trade Import &
Export Corporation.................................... 8.51
Qingdao Metals, Minerals & Machinery Import & Export
Corporation........................................... 8.51
Shanxi Machinery and Equipment Import & Export
Corporation........................................... 8.51
Xianghe Zichen Casting Corporation..................... 8.51
Yenhere Corporation.................................... 8.51
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[[Page 15657]]
This amended final determination is published pursuant to section
735(e) of the Act.
Dated: March 27, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-8390 Filed 4-1-97; 8:45 am]
BILLING CODE 3510-DS-P
