Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 69941 

accordance with 19 CFR 351.305(a)(3). 

Failure to comply is a violation of the 

APO. 

These results are issued and 

published in accordance with sections 

751(a)(1) and 777(i)(1) of the Act. 

Dated: November 7, 2005. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

Appendix I 

List of Issues in Decisions 

Memorandum 

General Issues 

General Issues 

Comment 1: Labor Rate 

Comment 2: Surrogate Value 

Calculations for Cartons 

Comment 4: Scrap Offset in Surrogate 

Financial Ratios 

Comment 5: Financial Ratios Applied to 

Inputs Supplied by Customers 

Comment 6: Surrogate Value for Lug 

Nuts 

Company–Specific Issues 

Comment 7: Huanri–Separate Rate 

Comment 8: Xianjiang–Non-Responsive 

Comment 9: CNIM–Margin Calculation 

Comment 10: Winhere–Plywood 

Valuation 

Comment 11: GREN–Returned Sales 

Comment 12: Fengkun–Customs 

Instructions 

Comment 13: ZLAP–Surrogate Value for 

Lug Nuts 

[FR Doc. 05–22893 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

A–570–846 

Brake Rotors From the People’s 

Republic of China: Final Results of 

Changed Circumstances Antidumping 

Duty Administrative Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On September 20, 2005, the 

Department of Commerce (‘‘the 

Department’’) published the notice of 

preliminary results of its changed 

circumstances review examining 

whether Shandong Huanri Group Co., 

Ltd. (‘‘Huanri Group’’) is the successor–

in-interest to Shandong Huanri Group 

General Company (‘‘Huanri Group 

General’’) for purposes of determining 

antidumping liability. See Brake Rotors 

From the People’s Republic of China: 

Preliminary Results of Antidumping 

Duty Changed Circumstances Review, 

70 FR 55107 (September 20, 2005) 

(‘‘Preliminary Results’’). In those 

Preliminary Results, the Department 

found that Huanri Group was the 

successor–in-interest to Huanri Group 

General. 

However, after consideration of 

factual information evaluated in the 

Department’s seventh administrative 

review of brake rotors from the People’s 

Republic of China (PRC), the 

Department finds that although Huanri 

Group remains the successor–in-interest 

to Huanri Group General, information in 

the above–referenced administrative 

review has led the Department to deny 

Huanri Group General a separate rate. 

See Comment 7 of the Issues and 

Decision Memorandum for the Final 

Results in the 2003/2004 Administrative 

Review of Brake Rotors from the 

People’s Republic of China, to Stephen 

J. Claeys, Acting Assistant Secretary for 

Import Administration, from Edward 

Yang, Senior Enforcement Coordinator / 

NME Unit, Import Administration 

(November 7, 2005) (‘‘2003/2004 Issues 

and Decision Memorandum’’), which is 

on file in the Central Records Unit, 

Room B–099 of the main Department 

building. We have now completed this 

changed circumstances review in 

accordance with 19 CFR 351.216 and 

351.221(c)(3). 

EFFECTIVE DATE: November 18, 2005. 

FOR FURTHER INFORMATION CONTACT: Erin 

Begnal or Christopher Riker, AD/CVD 

Operations, Office 9, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–1442 or (202) 482–

3441, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 13, 2004, the 

Department initiated a changed 

circumstances review of Huanri Group’s 

claim that it is the successor–in-interest 

to Huanri Group General. See Brake 

Rotors from the People’s Republic of 

China: Notice of Initiation of Changed 

Circumstances Review, 69 FR 75508 

(December 17, 2004). 

On September 20, 2005, the 

Department published the preliminary 

results of its changed circumstances 

review. See Preliminary Results. In 

making such a successor–in-interest 

determination, the Department 

examines several factors including, but 

not limited to, changes in: (1) 

management; (2) production facilities; 

(3) supplier relationships; and (4) 

customer base. See, e.g., Brass Sheet 

and Strip from Canada: Final Results of 

Antidumping Duty Administrative 

Review, 57 FR 20460 (May 13, 1992). 

While no single factor or combination of 

these factors will necessarily provide a 

dispositive indication of a successor–ininterest relationship, the Department 

will generally consider the new 

company to be the successor to the 

previous company if the new company’s 

resulting operation is not materially 

dissimilar to that of its predecessor. See, 

e.g., Industrial Phosphoric Acid from 

Israel: Final Results of Changed 

Circumstances Review, 59 FR 6944 

(February 14, 1994); Canadian Brass, 

and Fresh and Chilled Atlantic Salmon 

from Norway: Initiation and Preliminary 

Results of Changed Circumstances 

Antidumping Duty Administrative 

Review, 63 FR 50880 (September 23, 

1998). Thus, if the evidence 

demonstrates that, with respect to the 

production and sale of the subject 

merchandise, the new company 

operates as the same business entity as 

the former company, the Department 

will accord the new company the same 

antidumping treatment as its 

predecessor. 

In this case, data placed on the record 

and verified by the Department 

indicates that Huanri Group has the 

same management, production facilities, 

customer base, and supplier 

relationships as Huanri Group General. 

Although the Department found 

Huanri Group was the successor–ininterest to Huanri Group General, the 

Department indicated in the Preliminary 

Results that it was currently conducting 

an administrative review regarding 

Huanri Group General. The Department 

preliminarily determined that Huanri 

Group General did not demonstrate that 

it was entitled to a separate rate under 

the Department’s test. See Brake Rotors 

From the People’s Republic of China: 

Preliminary Results and Partial 

Rescission of the Seventh 

Administrative Review and Preliminary 

Results of the Eleventh New Shipper 

Review, 70 FR 24382 (May 9, 2005). The 

Department informed the public that it 

would issue the final results of this 

changed circumstances review at the 

same time as the concurrent 

administrative review as both segments 

involve the company at issue, and that 

the separate rate issue will be decided 

in the context of the administrative 

review. 

Scope of the Order 

The products covered by the 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) 

69942 Federal Register / Vol. 70, No. 222 / Friday, November 18, 2005 / Notices 

1The petitioners are the members of the Fresh 

Garlic Producers Association: Christopher Ranch 

L.L.C.; The Garlic Company; Valley Garlic; and 

Vessey and Company, Inc. 

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, 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 rotors which 

have undergone some drilling and on 

which the surface is not entirely 

smooth. 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, and Volvo). Brake rotors 

covered in this review 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 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 

Harmonized Tariff Schedule of the 

United States (‘‘HTSUS’’). Although the 

HTSUS subheading is provided for 

convenience and customs purposes, the 

written description of the scope of the 

order is dispositive. 

Successorship and Final Results 

The Department received no case or 

rebuttal briefs by parties to this changed 

circumstances review. On the basis of 

the record developed in this proceeding, 

we continue to determine that Huanri 

Group is the successor–in-interest to 

Huanri Group General for purposes of 

determining antidumping duty liability. 

We note that in the seventh 

administrative review of brake rotors 

from the PRC, we concluded that Huanri 

Group General is not entitled to a 

separate rate for purposes of the final 

results of that proceeding. See 2003/ 

2004 Issues and Decision Memorandum. 

Therefore, effective as of the date of 

these final results, we will instruct CBP 

to assign Huanri Group the same 

antidumping duty cash–deposit rate 

applicable to Huanri Group General. 

The cash–deposit requirement will be 

effective upon publication of this notice 

of final results of changed 

circumstances review for all shipments 

of the subject merchandise entered, or 

withdrawn from warehouse, for 

consumption on or after the publication 

date. 

This notice also serves as a final 

reminder to parties subject to 

administrative protective orders 

(‘‘APOs’’) of their responsibility 

concerning the disposition of 

proprietary information disclosed under 

APO in accordance with 19 CFR 

351.305(a)(3). Failure to timely notify 

the Department in writing of the return/ 

destruction of APO material is a 

sanctionable violation. 

We are issuing and publishing this 

finding and notice in accordance with 

sections 751(b)(1) and 777(i)(1) of the 

Act and 19 CFR 351.221(c)(3) and 19 

CFR 351.216. 

Dated: November 7, 2005. 

Stephen J. Claeys, 

Acting Assistant Secretary for Import 

Administration. 

[FR Doc. 05–22894 Filed 11–17–05; 8:45 am] 

BILLING CODE 3510–DS–S 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–831] 

Fresh Garlic from the People’s 

Republic of China: Preliminary Results 

and Partial Rescission of Antidumping 

Duty Administrative Review and 

Preliminary Results of New Shipper 

Reviews 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: In response to requests from 

interested parties, the Department of 

Commerce (‘‘the Department’’) is 

conducting an administrative review of 

the antidumping duty order on fresh 

garlic from the People’s Republic of 

China (‘‘PRC’’). The period of review 

(‘‘POR’’) for this administrative review 

is November 1, 2003, through October 

31, 2004. The Department is also 

conducting new shipper reviews for two 

exporters/producers. The POR for the 

new shipper reviews is also November 

1, 2003, through October 31, 2004. 

One company named in the initiation 

of this review made no exports or sales 

of the subject merchandise during the 

POR and, consequently, we are 

preliminarily rescinding the review for 

this company. In addition, we are 

preliminarily rescinding the review for 

four companies because the requesting 

party withdrew its request for reviews of 

those companies. Therefore, this review 

covers nineteen producers/exporters of 

the subject merchandise. 

We preliminarily determine that 

thirteen of these companies have made 

sales in the United States at prices 

below normal value. Further, we 

preliminarily determine that the 

remaining six companies are not 

entitled to separate rates and have 

assigned them the rate for the PRC–wide 

entity. If these preliminary results are 

adopted in our final results of this 

review, we will instruct U.S. Customs 

and Border Protection (‘‘CBP’’) to assess 

antidumping duties on entries of subject 

merchandise during the POR for which 

the importer–specific assessment rates 

are above de minimis. 

We invite interested parties to 

comment on these preliminary results. 

Parties who submit comments are 

requested to submit with each argument 

a statement of the issue and a brief 

summary of the argument. We will issue 

the final results no later than 120 days 

from the date of publication of this 

notice. 

EFFECTIVE DATE: November 18, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Blanche Ziv or Steve Williams, AD/CVD 

Operations, Office 8, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington, DC 20230; 

telephone: (202) 482–4207 and (202) 

482–4619, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

On November 16, 1994, the 

Department published in the Federal 

Register the antidumping duty order on 

fresh garlic from the PRC. See 

Antidumping Duty Order: Fresh Garlic 

From the People’s Republic of China, 59 

FR 59209 (November 16, 1994). On 

November 1, 2004, the Department 

published a notice of opportunity to 

request an administrative review of the 

antidumping duty order on fresh garlic 

from the PRC for the period November 

1, 2003, through October 31, 2004. See 

Antidumping or Countervailing Duty 

Order, Finding, or Suspended 

Investigation; Opportunity To Request 

Administrative Review, 69 FR 63359 

(November 1, 2004). In November 2004, 

the petitioners 1 requested an