Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Notices 35321

1See also Bars and Wedges and Hammers and

Sledges from the People’s Republic of China:

Corrected Preliminary Results of Full Sunset

Reviews, 65 FR 16167 (March 27, 2000). 2See footnote 1, supra. 3See footnote 1, supra.

During any administrative review

covering all or part of a period falling

between the first and second or third

and fourth anniversary of the

publication of an antidumping duty

order under section 351.211 or a

determination under section

351.218(f)(4) to continue an order or

suspended investigation (after sunset

review), the Secretary, if requested by a

domestic interested party within 30

days of the date of publication of the

notice of initiation of the review, will

determine whether antidumping duties

have been absorbed by an exporter or

producer subject to the review if the

subject merchandise is sold in the

United States through an importer that

is affiliated with such exporter or

producer. The request must include the

name(s) of the exporter or producer for

which the inquiry is requested.

Interested parties must submit

applications for disclosure under

administrative protective orders in

accordance with 19 CFR 351.305.

These initiations and this notice are

in accordance with section 751(a) of the

Tariff Act of 1930, as amended (19 USC

1675(a)), and 19 CFR 351.221(c)(1)(i).

Dated: May 26, 2000.

Holly A. Kuga,

Acting Deputy Assistant Secretary, Group II

for Import Administration.

[FR Doc. 00–13883 Filed 6–1–00; 8:45 am]

BILLING CODE 3510–DS–P

DEPARTMENT OF COMMERCE

International Trade Administration

[A–570–803, A–570–803]

Final Results of Full Sunset Reviews:

Bars and Wedges and Hammers and

Sledges From the People’s Republic of

China

AGENCY: Import Administration,

International Trade Administration,

Department of Commerce.

ACTION: Notice of Final Results of Full

Sunset Reviews: Bars and Wedges and

Hammers and Sledges from the People’s

Republic of China.

SUMMARY: On January 24, 2000, the

Department of Commerce (‘‘the

Department’’) published a notice of

preliminary results of the full sunset

reviews of antidumping duty orders on

bars and wedges and hammers and

sledges from the People’s Republic of

China (65 FR 3658) 1 pursuant to section

751(c) of the Tariff Act of 1930, as

amended (‘‘the Act’’). We provided

interested parties an opportunity to

comment on our preliminary results. We

did not receive comments from either

domestic or respondent interested

parties. As a result of these reviews, the

Department finds that revocation of

these orders would be likely to lead to

continuation or recurrence of dumping

at the rates indicated in the Final

Results of Review section of this notice.

FOR FURTHER INFORMATION CONTACT: Eun

W. Cho or Carole Showers, Office of

Policy for Import Administration,

International Trade Administration,

U.S. Department of Commerce, 14th

Street and Constitution Avenue, NW,

Washington, DC 20230; telephone: (202)

482–1698 or (202) 482–3217,

respectively.

EFFECTIVE DATE: June 2, 2000.

Statute and Regulations

Unless otherwise indicated, all

citations to 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 (‘‘URAA’’). In addition,

unless otherwise indicated, all citations

to the Department regulations are to 19

CFR part 351 (1999). Guidance on

methodological or analytical issues

relevant to the Department’s conduct of

sunset reviews is set forth in the

Department Policy Bulletin 98:3—

Policies Regarding the Conduct of Fiveyear (‘‘Sunset’’) Reviews of

Antidumping and Countervailing Duty

Orders; Policy Bulletin, 63 FR 18871

(April 16, 1998) (Sunset Policy

Bulletin).

Background

On January 24, 2000, the Department

published a notice of preliminary

results of the full sunset reviews of the

antidumping duty orders on bars and

wedges and hammers and sledges from

the People’s Republic of China (‘‘PRC’’)

(65 FR 3658) 2 pursuant to section 751(c)

of the Act. In our preliminary results,

we determined that revocation of the

antidumping duty orders would be

likely to lead to continuation or

recurrence of dumping. In addition, we

preliminarily determined that the

following weighted-average dumping

margins are likely to prevail if the

orders were revoked: PRC-wide rate of

31.76 percent ad valorem for bars/

wedges and 45.42 percent ad valorem

for hammers/sledges.

Neither domestic nor respondent

interested parties submitted case briefs

within the deadline specified in 19 CFR

351.309(c)(1)(i).

Scope of Review

The products covered by these orders

include bars/wedges and hammers/

sledges from the PRC. Although we

provide the full scope language for the

order on heavy forged hand tools

(‘‘HFHTs’’) below, this determination

applies only to the types of HFHTs

which fall under the orders (A–570–

803) on bars/wedges and hammers/

sledges from the PRC. HFHTs include

heads for drilling, hammers, sledges,

axes, mauls, picks, and mattocks, which

may or may not be painted, which may

or may not be finished, or which may

or may not be imported with handles;

assorted bar products and track tools

including wrecking bars, digging bars

and tampers; and steel wood splitting

wedges. HFHTs are manufactured

through a hot forge operation in which

steel is sheared to the required length,

heated to forging temperature, and

formed to final shape on forging

equipment using dies specific to the

desired product shape and size.

Depending on the product, finishing

operations may include shot-blasting,

grinding, polishing, and painting, and

the insertion of handles for handled

products. HFHTs are currently

classifiable under the following

Harmonized Tariff Schedule (‘‘HTS’’)

item numbers 8205.20.60, 8205.59.30,

8201.30.00, and 8201.40.60. Specifically

excluded are hammers and sledges with

heads 1.5 kilograms (3.33 pounds) in

weight and under, and hoes and rakes,

and bars 18 inches in length and under.

The HTS item numbers are provided for

convenience and customs purposes

only. The written description of the

scope remains dispositive.

There has been one scope ruling with

respect to the orders on HFHTs from the

PRC in which the Forrest Tool

Company’s Max Multipurpose Tool was

determined to be within the scope of the

order (58 FR 59991, (November 12,

1993)).

Analysis of Comments Received

The Department did not receive a case

brief from either domestic or respondent

interested parties. We have not made

any changes to our preliminary results

of January 24, 2000 (65 FR 3658).3

Final Results of Review

As a result of these reviews, the

Department finds that revocation of the

antidumping duty orders would be

likely to lead to continuation or

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