[Federal Register Volume 62, Number 74 (Thursday, April 17, 1997)]
[Notices]
[Pages 18740-18742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-9963]


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DEPARTMENT OF COMMERCE

International Trade Administration
[A-570-846]


Notice of Antidumping Duty Order: Brake Rotors from the People's 
Republic of China

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

EFFECTIVE DATE: April 17, 1997.

FOR FURTHER INFORMATION CONTACT: Brian C. Smith or Michelle A. 
Frederick, Import Administration, International Trade Administration, 
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., 
Washington, DC. 20230; telephone: (202) 482-1766, or (202) 482-0186, 
respectively.

Scope of Order

    The products covered by this order are brake rotors made of gray 
cast iron, whether finished, semifinished, or unfinished, ranging in 
diameter from 8 to 16 inches (20.32 to 40.64 centimeters) and in weight 
from 8 to 45 pounds (3.63 to 20.41 kilograms). The size parameters 
(weight and dimension) of the brake rotors limit their use to the 
following types of motor vehicles: automobiles, all-terrain vehicles, 
vans and recreational vehicles under ``one ton and a half,'' and light 
trucks designated as ``one ton and a half.''
    Finished brake rotors are those that are ready for sale and 
installation without any further operations. Semi-finished rotors are 
those on which the surface is not entirely smooth, and has undergone 
some drilling. Unfinished rotors are those which have undergone some 
grinding or turning.
    These brake rotors are for motor vehicles, and do not contain in 
the casting a logo of an original equipment manufacturer (OEM) which 
produces vehicles sold in the United States (e.g., General Motors, 
Ford, Chrysler, Honda, Toyota, Volvo). Brake rotors covered in this 
investigation are not certified by OEM producers of vehicles sold in 
the United States. The scope also includes composite brake rotors that 
are made of gray cast iron, which contain a steel

[[Page 18741]]

plate, but otherwise meet the above criteria. Excluded from the scope 
of the order are brake rotors made of gray cast iron, whether finished, 
semifinished, or unfinished, with a diameter less than 8 inches or 
greater than 16 inches (less than 20.32 centimeters or greater than 
40.64 centimeters) and a weight less than 8 pounds or greater than 45 
pounds (less than 3.63 kilograms or greater than 20.41 kilograms).
    Brake rotors are classifiable under subheading 8708.39.5010 of the 
HTSUS. Although the HTSUS subheading is provided for convenience and 
customs purposes, our written description of the scope of this 
investigation is dispositive.

Antidumping Duty Order

    In accordance with section 735(a) of the Tariff Act of 1930, as 
amended (the Act), the Department made a final determination that brake 
rotors from the People's Republic of China (PRC) are being sold at less 
than fair value (62 FR 9160, February 28, 1997). The Department 
subsequently amended its final determination to correct clerical errors 
made in the final determination (62 FR 15655, April 2, 1997). On April 
9, 1997, the International Trade Commission (ITC) notified the 
Department of its final determination, pursuant to section 
735(b)(1)(A)(i) of the Act, that the brake rotors industry in the 
United States is materially injured by reason of imports of the subject 
merchandise from the PRC.<SUP>1
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    \1\ In the companion brake drums investigation, the ITC notified 
the Department of its final determination that the brake drums 
industry in the United States is not materially injured nor 
threatened with material injury by reason of imports of brake drums 
from the PRC.
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    In accordance with section 736(a)(1) of the Act, we will direct the 
Customs Service to assess, upon further advice by the administering 
authority, antidumping duties equal to the amount by which the normal 
value of the merchandise exceeds the export price (or the constructed 
export price) of the merchandise for all relevant entries of brake 
rotors from the PRC, except for imports of brake rotors from the PRC 
made by the following exporter/producer combinations, which are 
excluded from the order by virtue of having received zero or de minimis 
rates in the antidumping duty investigation:

----------------------------------------------------------------------------------------------------------------
                Exporter(s)                                              Producer(s)                            
----------------------------------------------------------------------------------------------------------------
China National Automotive Industry Import   Laizhou CAPCO.                                                      
 & Export Corporation (CAIEC) or Shandong                                                                       
 Laizhou CAPCO Industry (Laizhou CAPCO).                                                                        
Shenyang Honbase Machinery Co., Ltd.        Shenyang or Laizhou.                                                
 (Shenyang) or Lai Zhou Luyuan Automobile                                                                       
 Fittings Co., Ltd. (Laizhou).                                                                                  
China National Machinery and Equipment      Zibo Botai Manufacturing Co., Ltd. (Zibo).                          
 Import & Export (Xinjiang) Corporation,                                                                        
 Ltd. (Xinjiang).                                                                                               
----------------------------------------------------------------------------------------------------------------

    Accordingly, all bonds may be released and entries of these 
exporters may be liquidated without regard to antidumping duties. 
However, if any of the above-referenced exporters sells subject 
merchandise which is not manufactured by the producer(s) noted above 
with respect to those exporters, then those entries will be subject to 
the ``China-wide'' rate.
    For all other exporters, including non-exporter producers listed 
above should they later export directly, Customs officers must require, 
at the same time as importers would normally deposit estimated duties 
on this merchandise, a cash deposit equal to the estimated weighted-
average antidumping duty margins as noted below. The ``China-wide'' 
rate applies to all exporters of brake rotors not specifically listed 
below.
    The ad valorem weighted-average dumping margins are as follows:

------------------------------------------------------------------------
            Manufacturer/exporter                  Margin percentage    
------------------------------------------------------------------------
CAIEC and Laizhou CAPCO/Laizhou CAPCO........  0.00 (Excluded)          
Shenyang and Laizhou/Shenyang or Laizhou.....  0.00 (Excluded)          
Xinjiang/Zibo................................  0.00 (Excluded)          
Yantai Import & Export Corporation...........  3.56                     
Southwest Technical Import & Export            16.07                    
 Corporation, Yangtze Machinery Corporation,                            
 and MMB International, Inc.                                            
Hebei Metals and Minerals Import & Export      8.51 *                   
 Corporation.                                                           
Jilin Provincial Machinery & Equipment Import  8.51 *                   
 & Export Corp..                                                        
Shandong Jiuyang Enterprise Corporation......  8.51 *                   
Longjing Walking Tractor Works Foreign Trade   8.51 *                   
 Import & Export Corporation.                                           
Qingdao Metals, Minerals & Machinery Import &  8.51 *                   
 Export Corp..                                                          
Shanxi Machinery and Equipment Import &        8.51 *                   
 Export Corporation.                                                    
Xianghe Zichen Casting Corporation...........  8.51 *                   
Yenhere Corporation..........................  8.51 *                   
China-Wide Rate..............................  43.32                    
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* Rate is based on the weighted-average of calculated rates that are not
  zero or based on facts available.                                     

    On April 9, 1997, the ITC notified the Department of its negative 
determination regarding critical circumstances. As a result of the 
ITC's determination, pursuant to section 735(c)(3) of the Act, we shall 
order Customs to terminate the retroactive suspension of liquidation 
and to release any bond or other security and refund any cash deposit 
required under section 733(e)(2) with respect to entries of subject 
merchandise entered or withdrawn from warehouse, for consumption prior 
to October 10, 1996, which is the date of publication of the 
preliminary determination.
    This notice constitutes the antidumping duty order with respect to 
brake rotors from the PRC. The Department is excluding from the 
application of the order products from the PRC that are manufactured 
and sold to the United States by the PRC exporter/manufacturer 
combinations noted above; however, the ad valorem weighted-average 
dumping margin applicable to brake rotors manufactured

[[Page 18742]]

by any other PRC manufacturers and exported by any of these companies 
is 43.32 percent (the PRC-wide rate).
    Interested parties may contact the Central Records Unit, Room B-099 
of the Main Commerce Building, for copies of an updated list of 
antidumping duty orders currently in effect.
    This order is published in accordance with section 736(a) of the 
Act.

    Dated: April 9, 1997.
Robert S. LaRussa,
Acting Assistant Secretary for Import Administration.
[FR Doc. 97-9963 Filed 4-16-97; 8:45 am]
BILLING CODE 3510-DS-P