DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-846]

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

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.



SUMMARY: The Department of Commerce has received a request to conduct a 
new shipper administrative review of the antidumping duty order on 
brake rotors from the PRC. In accordance with 19 C.F.R. 351.214(d), we 
are initiating this administrative review.

EFFECTIVE DATE: December 4, 1997.

FOR FURTHER INFORMATION CONTACT: Everett Kelly or Brian Smith, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 
20230; telephone (202) 482-4194 or 482-1766, 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 (1997).

SUPPLEMENTARY INFORMATION:

Background

    The Department has received timely requests from China National 
Industrial Machinery Import & Export Company


---- page 64207 ----


(``CNIM''), Lai Zhou Auto Brake Equipments Factory (``LABEF''), Longkou 
Haimeng Machinery Co., Ltd. (``Haimeng''), Qingdao Gren Co. (``GREN''), 
Yantai Winhere Auto-Part Manufacturing Co., Ltd. (``Winhere''), and 
Zibo Luzhou Automobile Parts Co., Ltd. (``ZLAP'') in accordance with 19 
CFR 351.214(d), for new shipper reviews of the antidumping duty order 
on brake rotors from the People's Republic of China (``PRC'') which has 
an April anniversary date. CNIM, LABEF, Haimeng, GREN, Winhere, and 
ZLAP (``the respondents'') have certified that each entity did not 
export brake rotors to the United States during the period of 
investigation (``POI''), and that each is not affiliated with any 
exporter or producer which did export brake rotors during the POI.
    On October 29, 1997, the Coalition for the Preservation of American 
Brake Drums and Rotors Aftermarket Manufacturers (``the petitioner'') 
alleged that there were insufficiencies and inconsistencies in 
respondents' requests. The petitioner claimed that the respondents did 
not meet the legal requirements of 19 CFR 351.214 and 351.221, and 
requested that the Department decline to initiate new shipper reviews.
    On October 31, 1997, the respondents submitted supplemental 
responses to the petitioner's comments, and rectified the deficiencies 
pointed out by the petitioner. Therefore, in accordance with section 
751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 
351.214(b), and based on information on the record, we are initiating 
the new shipper reviews as requested.
    It is the Department's usual practice in cases involving non-market 
economies to require that companies 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 respondents and seek 
additional information from the PRC government (as appropriate), 
allowing 30 days for response. If the responses from the respondents 
and the PRC government provide sufficient indication that the companies 
named are not subject to either de jure or de facto government control 
with respect to their exports of brake rotors, the review will proceed 
as to such companies. If, on the other hand, one or more respondents do 
not demonstrate their eligibility for a separate rate, then that or 
those PRC entities 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 the review of any such companies will be 
terminated.

Initiation of Reviews

    In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR 
351.214(d)(1), we are initiating new shipper reviews of the antidumping 
duty order on brake rotors from the PRC. We intend to issue the final 
results of these reviews not later than 270 days after the date of 
publication of this notice.

------------------------------------------------------------------------
                                                         Period to be   
            Antidumping duty  proceeding                   reviewed     
------------------------------------------------------------------------
PRC: Brake Rotors, A-570-846: China National                            
 Industrial Machinery Import & Export Co., Lai Zhou                     
 Auto Brake Equipments Factory, Longkou Haimeng                         
 Machinery Co., Ltd., Qingdao Gren (Group) Co.,                         
 Yantai Winhere Auto-Part Manufacturing Co., Ltd.       03/01/97-9/30/97
------------------------------------------------------------------------

    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 companies. This action is in 
accordance with 19 CFR 351.214(d).
    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 
353.34(b).
    These initiations and this notice are in accordance with section 
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).

    Dated: November 28, 1997.
Richard W. Moreland,
Acting Deputy Assistant Secretary, Import Administration.
[FR Doc. 97-31801 Filed 12-3-97; 8:45 am]
BILLING CODE 3510-DS-P


The Contents entry for this article reads as follows:

International Trade Administration
NOTICES
Antidumping:
  Brake rotors from--
    China, 64206