35322 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Notices

recurrence of dumping at the rates listed

below:

PRC wide Margin

(percent)

Bars/Wedges ............................ 31.76

Hammers/Sledges .................... 45.42

This notice also serves as the only

reminder to parties subject to

administrative protective orders

(‘‘APO’’) of their responsibility

concerning the return or disposition of

proprietary information disclosed under

APO in accordance with 19 CFR

351.305 of the Department’s regulations.

Timely written notification of the return

or destruction of APO materials or

conversion to judicial protective order is

hereby requested. Failure to comply

with the regulations and terms of an

APO is a violation which is subject to

sanction.

This five-year (‘‘sunset’’) review and

notice are in accordance with sections

751(c), 752, and 777(i)(1) of the Act.

Dated: May 26, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–13880 Filed 6–1–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–846]

Brake Rotors From the People’s

Republic of China: Initiation of New

Shipper Antidumping Duty Reviews

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

SUMMARY: The Department of Commerce

has received requests to conduct new

shipper reviews of the antidumping

duty order on brake rotors from the

People’s Republic of China. In

accordance with 19 CFR 351.214(d), we

are initiating reviews for Hongfa

Machinery (Dalian) Co., Ltd. and

Luoyang Haoxiang Brake Disc Factory.

We are not initiating a review of

Shenyang Jinde Machinery Co., Ltd.

EFFECTIVE DATE: June 2, 2000.

FOR FURTHER INFORMATION CONTACT:

Terre Keaton 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) 482–1280 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 19 CFR

Part 351 (April 2000).

SUPPLEMENTARY INFORMATION:

Background

The Department has received timely

requests from Neotek Corporation

(‘‘Neotek’’), Hongfa Machinery (Dalian)

Co., Ltd. (‘‘Hongfa’’), and Luoyang

Haoxiang Brake Disc Factory

(‘‘Luoyang’’), in accordance with 19 CFR

351.214(c), 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. Neotek originally

claimed that it was an exporter, as well

as an importer. However, on May 17,

2000, Neotek clarified that it was not the

PRC exporter/producer of the subject

merchandise. Therefore, Neotek sought

to amend its request by filing on behalf

of its affiliated PRC producer/exporter

of the subject merchandise, Shenyang

Jinde Machinery Co., Ltd. (‘‘Shenyang

Jinde’’).

As required by 19 CFR

351.214(b)(2)(i) and (iii)(A), each of the

three companies identified above 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 CFR

351.214(b)(2)(iii)(B). Pursuant to the

Department’s regulations at 19 CFR

351.214(b)(2)(iv), Hongfa, Luoyang and

Shenyang Jinde each submitted

documentation establishing the date on

which it first shipped the subject

merchandise to the United States, the

volume of that first shipment, and the

date of the first sale to an unaffiliated

customer in the United States.

We are not initiating a review with

respect to Shenyang Jinde for two

reasons. First, no request was made

during the relevant anniversary month

for review of entries exported by

Shenyang Jinde (i.e., because Sheyang

Jinde’s request was untimely). Second,

the date on which Shenyang Jinde

reportedly first sold and shipped subject

merchandise to the United States was

after the end of the period for which

brake rotor can be reviewed at this time

(i.e., the period April 1, 1999, through

March 31, 2000).

In accordance with section

751(a)(2)(B) of the Act, as amended, and

19 CFR 351.214(b), and based on

information on the record, we are

initiating the new shipper reviews for

Hongfa and Luoyang.

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 Hongfa and

Luoyang (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, each 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 CFR

351.214(d)(1), we are initiating new

shipper reviews of the antidumping

duty order on brake rotors from the PRC.

Therefore, we intend to issue the

preliminary results of these reviews not

later than 180 days after the date on

which the reviews are initiated.

Antidumping duty

proceeding

Period to be

reviewed

PRC: Brake Rotors, A–

570–846: Hongfa

Machinery (Dalian)

Co., Ltd., Luoyang

Haoxiang Brake Disc

Factory

04/01/99–03/31/00

We will instruct the Customs Service

to allow, at the option of the importer,

the posting, until the completion of the

review, a bond or security in lieu of a

cash deposit for each entry of the

merchandise exported by the abovelisted companies. This action is in

accordance with 19 CFR 351.214(e).

Interested parties that need access to

proprietary information in these new

shipper reviews should submit

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Notices 35323

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 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 CFR

351.214(d).

Dated: May 26, 2000.

Richard W. Moreland,

Deputy Assistant Secretary, Import

Administration.

[FR Doc. 00–13882 Filed 6–1–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–588–703]

Continuation of Antidumping Duty

Order: Internal Combustion Forklift

Trucks From Japan

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Continuation of

Antidumping Duty Order: Internal

Combustion Forklift Trucks from Japan.

SUMMARY: On August 5, 1999, the

Department of Commerce (‘‘the

Department’’), pursuant to sections

751(c) and 752 of the Tariff Act of 1930,

as amended (‘‘the Act’’), determined

that revocation of the antidumping duty

order on internal combustion forklift

trucks from Japan is likely to lead to

continuation or recurrence of dumping

(64 FR 42662). On April 10, 2000, the

International Trade Commission (‘‘the

Commission’’), pursuant to section

751(c) of the Act, determined that

revocation of the antidumping duty

order on internal combustion forklift

trucks from Japan would be likely to

lead to continuation or recurrence of

material injury to an industry in the

United States within a reasonably

foreseeable time (65 FR 19022).

Therefore, pursuant to 19 CFR

351.218(f)(4), the Department is

publishing notice of the continuation of

the antidumping duty order on internal

combustion forklift trucks from Japan.

EFFECTIVE DATE: April 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathryn B. McCormick or James

Maeder, Office of Policy for Import

Administration, International Trade

Administration, U.S. Department of

Commerce, 14th Street and Constitution

Ave., NW, Washington, DC 20230;

telephone: (202) 482–1930 or (202) 482–

3330, respectively.

SUPPLEMENTARY INFORMATION:

Background

On April 1, 1999, the Department

initiated, and the Commission

instituted, a sunset review (64 FR 15727

and 64 FR 15786, respectively) of the

antidumping duty order on internal

combustion forklift trucks from Japan,

pursuant to section 751(c) of the Act. As

a result of its review, the Department

found that revocation of the

antidumping duty order would likely

lead to continuation or recurrence of

dumping and notified the Commission

of the magnitude of the margin likely to

prevail were the order to be revoked (see

Final Results of Expedited Sunset

Review: Internal Combustion Forklift

Trucks from Japan, August 5, 1999 (65

FR 42662)).

On April 10, 2000, the Commission

determined, pursuant to section 751(c)

of the Act, that revocation of the

antidumping duty order on internal

combustion forklift trucks from Japan

would be likely to lead to continuation

or recurrence of material injury to an

industry in the United States within a

reasonably foreseeable time (see Final

Results of Expedited Sunset Review:

Internal Combustion Forklift Trucks

from Japan, 65 FR 19022 (April 10,

2000) and USITC Publication 3287,

Investigation No. 731–TA–377 (Review)

(April 2000)).

Scope

The merchandise subject to this

antidumping duty order is internal

combustion industrial forklift trucks,

with lifting capacity of 2,000 to 5,000

pounds, from Japan. The products

covered are described as follows:

assembled, not assembled, and less than

complete, finished and not finished,

operator-riding forklift trucks powered

by gasoline, propane, or diesel fuel

internal-combustion engines of off-thehighway types used in factories,

warehouses, or transportation terminals

for short-distance transport, towing, or

handling of articles (see Certain Internal

Combustion Industrial Forklift Trucks

from Japan; Final Results of

Antidumping Duty Administrative

Review, 62 FR 5592 (February 6, 1997)).

Less than complete forklift trucks are

defined as imports which include a

frame by itself or a frame assembled

with one or more component parts.

Component parts of the subject forklift

trucks which are not assembled with a

frame are not covered by this order.

Imports of these products were

previously classified under items

numbers 692.4025, 692.4030 and

692.4070 of the Tariff Schedules of the

United States Annotated; currently, they

classifiable under Harmonized Tariff

Schedule of the United States

(‘‘HTSUS’’) item numbers 8427.20.00,

8427.90.00, and 8431.20.00. Although

the HTSUS subheadings are provided

for convenience and customs purposes,

the written description remains

dispositive.

Determination

As a result of the determination by the

Department and the Commission that

revocation of the antidumping duty

order would be likely to lead to

continuation or recurrence of dumping

and material injury to an industry in the

United States, pursuant to section

751(d)(2) of the Act, the Department

hereby orders the continuation of the

antidumping duty order on internal

combustion forklift trucks from Japan.

The Department will instruct the U.S.

Customs Service to continue to collect

antidumping duty deposits at the rates

in effect at the time of entry for all

imports of subject merchandise.

Normally, the effective date of

continuation of a finding, order, or

suspension agreement will be the date

of publication in the Federal Register of

the Notice of Continuation. As provided

in 19 CFR 351.218(f)(4), the Department

normally will issue its determination to

continue a finding, order, or suspended

investigation not later than seven days

after the date of publication in the

Federal Register of the Commission’s

determination concluding the sunset

review and, immediately thereafter, will

publish its notice of continuation in the

Federal Register. In the instant case,

however, the Department’s publication

of the Notice of Continuation was

delayed. Therefore, the Department has

explicitly indicated that the effective

date of continuation of this order is

April 17, 2000, seven days after the date

of publication in the Federal Register of

the Commission’s determination. As a

result, pursuant to sections 751(c)(2)

and 751(c)(6) of the Act, the Department

intends to initiate the next five-year

review of this order not later than March

2005.

Dated: May 26, 2000.

Troy H. Cribb,

Acting Assistant Secretary for Import

Administration.

[FR Doc. 00–13879 Filed 6–1–00; 8:45 am]

BILLING CODE 3510–DS–P