Brake Rotors From the People's Republic of China: Preliminary Results of Antidumping Duty Changed Circumstances Review, 55107-55109 [05-18715]
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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to expand FTZ 247 is
approved, subject to the Act and the
Board’s regulations, including Section
400.28.
Signed at Washington, DC, this 9th
day of September 2005.
Joseph A. Spetrini,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–18718 Filed 9–19–05; 8:45 am]
BILLING CODE 3510–DS–S
Foreign–Trade Zones Board
[Order No. 1413]
Expansion of Foreign–Trade Zone 207,
Richmond, Virginia
Pursuant to its authority under the
Foreign–Trade Zones Act of June 18, 1934, as
amended (19 U.S.C. 81a–81u), the Foreign–
Trade Zones Board (the Board) adopts the
following Order:
Whereas, the Capital Region Airport
Commission, grantee of Foreign–Trade
Zone 207, submitted an application to
the Board for authority to expand FTZ
207 to include a site (Site 2 - 221 acres)
within the 345–acre SouthPoint
Business Park in Prince George (Prince
George County), Virginia, within the
Richmond Customs port of entry (FTZ
Docket 14–2005; filed 3/14/05);
Whereas, notice inviting public
comment was given in the Federal
Register (70 FR 13451, 3/21/05) and the
application has been processed
pursuant to the FTZ Act and the Board’s
regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and
Board’s regulations are satisfied, and
that the proposal is in the public
interest;
Now, therefore, the Board hereby
orders:
The application to expand FTZ 207 is
approved, subject to the Act and the
Board’s regulations, including Section
14:53 Sep 19, 2005
Signed at Washington, DC, this 9th day of
September 2005.
Joseph A. Spetrini,
Acting Assistant Secretary of Commerce for
Import Administration, Alternate Chairman,
Foreign–Trade Zones Board.
Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–18719 Filed 9–19–05; 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: Preliminary Results
of Antidumping Duty Changed
Circumstances Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘the Department’’) is currently
conducting a changed circumstances
review of the antidumping duty order
on brake rotors from the People’s
Republic of China (‘‘PRC’’). We have
preliminarily determined that 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.
Interested parties are invited to
comment on these preliminary results.
The Department will issue the final
results of this antidumping duty
changed circumstances review not later
than November 7, 2005, as the
Department plans to issue the final
results of this changed circumstance
review at the same time as the final
results of the concurrent administrative
review.
EFFECTIVE DATE: September 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Catherine Bertrand or Carrie Blozy, 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) 482–3207 or (202) 482–
5403, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
DEPARTMENT OF COMMERCE
VerDate Aug<31>2005
400.28, and subject to the Board’s
standard 2,000–acre activation limit for
the overall zone project.
Jkt 205001
Background
On October 28, 2004, Huanri Group
requested that the Department
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55107
determine that it is the successor–ininterest to Huanri Group General for
purposes of determining antidumping
liability. On December 13, 2004, the
Department initiated a changed
circumstances review of Huanri Group’s
claim that it is the successor–of-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 February 2, 2005, the Department
issued a supplemental questionnaire to
Huanri Group. On February 23, 2005,
Huanri Group submitted a supplemental
questionnaire response. On March 26,
2005, the Department verified the
information submitted by the Huanri
Group to support its successorship
claim at Huanri’s Group’s office in
Laizhou, China. See Verification Report,
dated June 17, 2005 (‘‘Verification
Report’’).
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)
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
review 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
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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices
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.
Preliminary Results
The Department is currently
conducting an administrative review
regarding Huanri Group General. In the
preliminary results of the administrative
review, 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
final results of the administrative review
are due on November 7, 2005. The
Department will issue the final results
of this changed circumstance review at
the same time as the concurrent
administrative review as both segments
involve the company at issue. The
separate rate issue will be decided in
the context of the administrative review.
However, the final results of the
administrative review with respect to
separate rates will be incorporated into
the changed circumstance review final.
The Department’s decision in this
changed circumstance preliminary
results will focus solely on the
successor–in-interest issue discussed
below.
In its February 23, 2005,
supplemental questionnaire response,
Huanri Group provided documentation
to support further its claim that effective
June 9, 2004, it received approval from
the local bureau to change its name to
‘‘Shandong Huanri Group General
Company.’’ The company stated that the
reason for the name change was based
on the shareholders’ decision to change
the legal structure of the company from
a collectively owned company to a
limited liability company. Specifically,
this documentation consisted of: (1)
shareholders’ meeting minutes detailing
the company’s reasoning for the name
change; (2) Notice of Advanced
Approval to Enterprise Name; (3)
approval for the name change
application; and (4) Huanri Group’s
business license issued on June 9, 2004
VerDate Aug<31>2005
14:53 Sep 19, 2005
Jkt 205001
(see Exhibit 1 of the February 23, 2005,
supplemental questionnaire response).
In its responses to the Department’s
supplemental questionnaires, Huanri
Group also provided information in
support of its statements that all
personnel, operations, and facilities
remain essentially unchanged as a result
of changing the name of the company.
The Department verified this
information, and found that the
managers, production facilities,
equipment, suppliers, operations, and
customer base remained unchanged
after the name change.
In making such a successor–ininterest 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.
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. At verification, the Department
examined the issue of whether the two
companies had the same management.
The Department examined payroll
records and appointment records before
and after the name change. The
Department found that there were no
changes in the paid employees and that
three of the five board members
remained the same after the name
change. See Verification Report at 9.
The Department examined the
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Sfmt 4703
production and sales activities at
verification as well. The Department
found that there were no changes in
equipment or facilities after the name
change. See Verification Report at 10. At
verification, the Department also
analyzed whether the suppliers were the
same before and after the name change.
The Department examined purchase
entries and the material sub–ledger and
found that there was no significant
change in the names of the suppliers
before and after the name change. See
Verification Report at 11. The
Department also analyzed whether the
customer base was the same before and
after the name change by examining the
sales sub–ledger and invoices from
selected months. The Department found
that Huanri General continued to sell
subject merchandise to two of its five
U.S. customers. Id.
We find that there were no significant
changes to the management, production
facilities, supplier relationships and
customer base after the name change.
Further, we find that the operations of
Huanri Group are essentially the same
as Huanri Group General. Therefore, for
the reasons stated above, we
preliminarily determine that Huanri
Group should receive the same
antidumping duty treatment with
respect to brake rotors as the former
entity Huanri Group General.
If these preliminary results are
adopted in our final results of this
changed circumstances review, we will
instruct the U.S. Customs and Border
Protection (‘‘CBP’’) to assign Huanri
Group the antidumping duty cash
deposit rate applicable to Huanri Group
General. The cash deposit determination
from this changed circumstances review
will apply to all entries of the subject
merchandise entered, or withdrawn
from warehouse, for consumption on or
after the date of publication of the final
results of this changed circumstances
review. This deposit rate shall remain in
effect until publication of the final
results of the next administrative review
in which Huanri Group participates.
Any interested party may request a
hearing within 30 days of publication of
this notice. Any hearing, if requested,
will be held no later than 40 days after
the date of publication of this notice, or
the first workday thereafter. Interested
parties who wish to request a hearing or
to participate if one is requested, must
submit a written request to the Assistant
Secretary for Import Administration,
Room B–099. Requests should contain:
(1) the party’s name, address, and
telephone number; (2) the number of
participants; and (3) a list of issues to be
discussed. See 19 CFR 351.310(c).
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Federal Register / Vol. 70, No. 181 / Tuesday, September 20, 2005 / Notices
Issues raised in the hearing will be
limited to those raised in case briefs and
rebuttal briefs. Case briefs from
interested parties may be submitted not
later than 30 days after publication of
this notice. Rebuttal briefs, limited to
the issues raised in the case briefs, may
be filed not later than five days after the
submission of case briefs. Parties who
submit case briefs or rebuttal briefs in
this proceeding are requested to submit
with each argument (1) a statement of
the issue and (2) a brief summary of the
argument. Parties are encouraged to
provide a summary of the arguments not
exceeding five pages and a table of
statutes, regulations, and cases cited.
The Department will publish the final
results of this changed circumstances
review, including the results of its
analysis of issues raised in any written
comments, not later than November 7,
2005.
We are issuing and publishing this
determination and notice in accordance
with sections 751(b)(1) and 777(i)(1) of
the Act and 19 CFR 351.216.
Dated: September 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import
Administration.
[FR Doc. 05–18715 Filed 9–19–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Honey from the People’s Republic of
China: Extension of Time Limit for
Preliminary Results of 2003/2004 New
Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: September 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Anya Naschak at (202) 482–6375; AD/
CVD Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On December 10, 2001, the
Department published in the Federal
Register an antidumping duty order
covering honey from the PRC. See
Notice of Amended Final Determination
of Sales at Less Than Fair Value and
Antidumping Duty Order; Honey from
the People’s Republic of China, 66 FR
63670 (December 10, 2001). On
VerDate Aug<31>2005
14:53 Sep 19, 2005
Jkt 205001
December 22, 2004, the Department
received a timely request from Kunshan
Xin’an Trade Co., Ltd. (‘‘Xinan’’) in
accordance with 19 CFR 351.214 (c), for
a new shipper review of the
antidumping duty order on honey from
the PRC, which has a December annual
anniversary month. On January 31,
2005, the Department initiated a review
for Xinan. See Honey from the People’s
Republic of China: Initiation of New
Shipper Antidumping Duty Review, 70
FR 6412 (February 7, 2005) (‘‘NSR
Xinan Initiation’’)
On July 14, 2005, the Department
extended the time limit for issuance of
the preliminary results of this review by
45 days. See Honey from the People’s
Republic of China: Extension of Time
Limit for Preliminary Results of 2003/
2004 New Shipper Review, 70 FR 42033
(July 21, 2005). On August 10, 2005, the
Department issued a memorandum that
stated the Department’s intent to rescind
this new shipper review because of the
non–bona fide nature of Xinan’s sales
transaction. See Memorandum From
James C. Doyle, Director, Office 9, to
Barbara E. Tillman, Acting Deputy
Assistant Secretary for Import
Administration: Bona Fide Analysis for
Kunshan Xin’an Trade Co., Ltd.’s Sale
in the New Shipper Review of Honey
from the People’s Republic of China,
dated August 10, 2005. We received
comments on our intent to rescind this
new shipper review from Xinan on
August 25, 2005. We received rebuttal
comments from the American Honey
Producers and the Sioux Honey
Association (collectively, ‘‘petitioners’’)
on August 31, 2005. The deadline for
completion of the preliminary results is
currently September 13, 2005.
Extension of Time Limits for
Preliminary Results
Section 751(a)(2)(B)(iv) of the Tariff
Act of 1930, as amended (the Act), and
19 CFR 351.214(i)(1) require the
Department to issue the preliminary
results of a new shipper review within
180 days after the date on which the
new shipper review was initiated and
final results of a review within 90 days
after the date on which the preliminary
results were issued. The Department
may, however, extend the deadline for
completion of the preliminary results of
a new shipper review to 300 days if it
determines that the case is
extraordinarily complicated (19 CFR
351.214 (i)(2)).
Pursuant to section 751(a)(2)(B)(iv) of
the Act and 19 CFR 351.214 (i)(2), we
determine that this review is
extraordinarily complicated and that it
is not practicable to complete this new
shipper review within the current time
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55109
limit. Specifically, the Department
requires additional time to analyze the
comments received by parties on the
Department’s bona fides analysis.
Accordingly, the Department is
extending the time limit for the
completion of the preliminary results by
20 days, to October 3, 2005, in
accordance with section 751(a)(2)(B)(iv)
of the Act and 19 CFR 351.214(i)(2).
This notice is issued and published in
accordance with section 751(a)(3)(A) of
the Act.
Dated: September 13, 2005.
Barbara E. Tillman,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 05–18714 Filed 9–19–05; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–351–806]
Silicon Metal from Brazil: Notice of
Court Decision and Suspension of
Liquidation
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On August 26, 2005, in Elkem
Metals Company and Globe
Metallurgical Inc. v. United States, Slip
Op. 05–109 (Elkem Metals III), the Court
of International Trade (CIT) affirmed the
Final Results of Redetermination
Pursuant to Remand (Remand Results II)
released by the Department of
Commerce (the Department), on March
16, 2005. Consistent with the decision
of the U.S. Court of Appeals for the
Federal Circuit (CAFC) in Timken Co. v.
United States, 893 F.2d 337 (Fed. Cir.
1990) (Timken), the Department will
continue to order the suspension of
liquidation of the subject merchandise,
where appropriate, until there is a
‘‘conclusive’’ decision in this case. If the
case is not appealed, or if it is affirmed
on appeal, the Department will instruct
U.S. Customs and Border Protection
(CBP) to liquidate all relevant entries
from Rima Industrial, S.A. (Rima), as
appropriate.
AGENCY:
EFFECTIVE DATE:
September 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Maisha Cryor, AD/CVD Enforcement,
Office 4, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230, telephone 202–482–5831, fax
202–482–5105.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\20SEN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 181 (Tuesday, September 20, 2005)]
[Notices]
[Pages 55107-55109]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18715]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Preliminary
Results of Antidumping Duty Changed Circumstances Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (``the Department'') is currently
conducting a changed circumstances review of the antidumping duty order
on brake rotors from the People's Republic of China (``PRC''). We have
preliminarily determined that 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.
Interested parties are invited to comment on these preliminary
results. The Department will issue the final results of this
antidumping duty changed circumstances review not later than November
7, 2005, as the Department plans to issue the final results of this
changed circumstance review at the same time as the final results of
the concurrent administrative review.
EFFECTIVE DATE: September 20, 2005.
FOR FURTHER INFORMATION CONTACT: Catherine Bertrand or Carrie Blozy,
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-
3207 or (202) 482-5403, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 28, 2004, Huanri Group requested that the Department
determine that it is the successor-in-interest to Huanri Group General
for purposes of determining antidumping liability. On December 13,
2004, the Department initiated a changed circumstances review of Huanri
Group's claim that it is the successor-of-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 February 2, 2005, the Department issued a supplemental
questionnaire to Huanri Group. On February 23, 2005, Huanri Group
submitted a supplemental questionnaire response. On March 26, 2005, the
Department verified the information submitted by the Huanri Group to
support its successorship claim at Huanri's Group's office in Laizhou,
China. See Verification Report, dated June 17, 2005 (``Verification
Report'').
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) 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 review 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
[[Page 55108]]
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.
Preliminary Results
The Department is currently conducting an administrative review
regarding Huanri Group General. In the preliminary results of the
administrative review, 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 final
results of the administrative review are due on November 7, 2005. The
Department will issue the final results of this changed circumstance
review at the same time as the concurrent administrative review as both
segments involve the company at issue. The separate rate issue will be
decided in the context of the administrative review. However, the final
results of the administrative review with respect to separate rates
will be incorporated into the changed circumstance review final. The
Department's decision in this changed circumstance preliminary results
will focus solely on the successor-in-interest issue discussed below.
In its February 23, 2005, supplemental questionnaire response,
Huanri Group provided documentation to support further its claim that
effective June 9, 2004, it received approval from the local bureau to
change its name to ``Shandong Huanri Group General Company.'' The
company stated that the reason for the name change was based on the
shareholders' decision to change the legal structure of the company
from a collectively owned company to a limited liability company.
Specifically, this documentation consisted of: (1) shareholders'
meeting minutes detailing the company's reasoning for the name change;
(2) Notice of Advanced Approval to Enterprise Name; (3) approval for
the name change application; and (4) Huanri Group's business license
issued on June 9, 2004 (see Exhibit 1 of the February 23, 2005,
supplemental questionnaire response).
In its responses to the Department's supplemental questionnaires,
Huanri Group also provided information in support of its statements
that all personnel, operations, and facilities remain essentially
unchanged as a result of changing the name of the company. The
Department verified this information, and found that the managers,
production facilities, equipment, suppliers, operations, and customer
base remained unchanged after the name change.
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-in-interest 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.
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. At
verification, the Department examined the issue of whether the two
companies had the same management. The Department examined payroll
records and appointment records before and after the name change. The
Department found that there were no changes in the paid employees and
that three of the five board members remained the same after the name
change. See Verification Report at 9. The Department examined the
production and sales activities at verification as well. The Department
found that there were no changes in equipment or facilities after the
name change. See Verification Report at 10. At verification, the
Department also analyzed whether the suppliers were the same before and
after the name change. The Department examined purchase entries and the
material sub-ledger and found that there was no significant change in
the names of the suppliers before and after the name change. See
Verification Report at 11. The Department also analyzed whether the
customer base was the same before and after the name change by
examining the sales sub-ledger and invoices from selected months. The
Department found that Huanri General continued to sell subject
merchandise to two of its five U.S. customers. Id.
We find that there were no significant changes to the management,
production facilities, supplier relationships and customer base after
the name change. Further, we find that the operations of Huanri Group
are essentially the same as Huanri Group General. Therefore, for the
reasons stated above, we preliminarily determine that Huanri Group
should receive the same antidumping duty treatment with respect to
brake rotors as the former entity Huanri Group General.
If these preliminary results are adopted in our final results of
this changed circumstances review, we will instruct the U.S. Customs
and Border Protection (``CBP'') to assign Huanri Group the antidumping
duty cash deposit rate applicable to Huanri Group General. The cash
deposit determination from this changed circumstances review will apply
to all entries of the subject merchandise entered, or withdrawn from
warehouse, for consumption on or after the date of publication of the
final results of this changed circumstances review. This deposit rate
shall remain in effect until publication of the final results of the
next administrative review in which Huanri Group participates.
Any interested party may request a hearing within 30 days of
publication of this notice. Any hearing, if requested, will be held no
later than 40 days after the date of publication of this notice, or the
first workday thereafter. Interested parties who wish to request a
hearing or to participate if one is requested, must submit a written
request to the Assistant Secretary for Import Administration, Room B-
099. Requests should contain: (1) the party's name, address, and
telephone number; (2) the number of participants; and (3) a list of
issues to be discussed. See 19 CFR 351.310(c).
[[Page 55109]]
Issues raised in the hearing will be limited to those raised in
case briefs and rebuttal briefs. Case briefs from interested parties
may be submitted not later than 30 days after publication of this
notice. Rebuttal briefs, limited to the issues raised in the case
briefs, may be filed not later than five days after the submission of
case briefs. Parties who submit case briefs or rebuttal briefs in this
proceeding are requested to submit with each argument (1) a statement
of the issue and (2) a brief summary of the argument. Parties are
encouraged to provide a summary of the arguments not exceeding five
pages and a table of statutes, regulations, and cases cited.
The Department will publish the final results of this changed
circumstances review, including the results of its analysis of issues
raised in any written comments, not later than November 7, 2005.
We are issuing and publishing this determination and notice in
accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR
351.216.
Dated: September 14, 2005.
Joseph A. Spetrini,
Acting Assistant Secretary for Import Administration.
[FR Doc. 05-18715 Filed 9-19-05; 8:45 am]
BILLING CODE 3510-DS-S
