[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 <SUP>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
------------------------------------------------------------------------
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