Brake Rotors from the People's Republic of China: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review, 75448-75449 [E5-7561]

Download as PDF 75448 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices received no submission from Gao, I, following consultations with the Export Enforcement, including the Director, Office of Export Enforcement, have decided to deny Gao’s export privileges under the Regulations for a period of 10 years from the date of Gao’s conviction. B. Denial of Export Privileges of Related Persons In addition, pursuant to Sections 766.25(h) and 766.23 of the Regulations, the Director, Office of Exporter Services, in consultation with the Director, Office of Export Enforcement, may take action to name persons related to the Respondent by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business in order to prevent evasion of the Order. On March 18, 2005, I gave notice to Technology Business Services, University Laboratories, Allways, Inc. and Donghua Xue, Gao’s husband, notifying them that their export privileges under the Regulations could be denied for up to 10 years as BIS believed these entities were related to Gao and including them in the Gao Order was necessary to prevent evasion. The basis for considering the addition of these entities was the fact that Gao had used these entities to conduct the illegal business that was subject of the criminal conviction and all are operated out of her home in Virginia. Donghue Xue responded to the notification and did not raise any objections to naming the above referenced related persons. I have therefore decided to name Technology Business Services, University Laboratories, Allways, Inc. and Donghua Xue as related persons to Zhan Gao, thereby denying their export privileges as well. I have also decided to revoke all licenses issued pursuant to the Act or Regulations in which Gao and Technology Business Services, University Laboratories, Allways, Inc. and Donghua Xue had an interest at the time of Gao’s conviction. The 10-year denial period ends on March 5, 2014. Accordingly, it is hereby Ordered I. Until March 5, 2014, Zhan Gao, 12731 Mill Heights, Herndon, VA 20171, and when acting for or on her behalf, her employees, agents or representatives, (‘‘the Denied Person’’) and the following persons related to the Denied Person as defined by Section 766.23 of the Regulations, Technology Business Services, University Laboratories, Allways, Inc. and Donghua Xue, all at 12731 Mill Heights, Herndon, Virginia 20171, and when acting for or VerDate Aug<31>2005 19:23 Dec 19, 2005 Jkt 208001 on his or their behalf, his or their employees, agents or representatives, (‘‘the Related Persons’’) (together, the Denied Persons and the Related Persons are ‘‘Person Subject To This Order’’) may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as ‘‘item’’) exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations, including, but not limited to: A. Applying for, obtaining, or using any license, License Exception, or export control document; B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulations; or C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or in any other activity subject to the Regulation. II. No person may, directly or indirectly, do any of the following: A. Export or reexport to or on behalf of the Persons Subject To This Order any item subject to the Regulations; B. Take any action that facilitates the acquisition or attempted acquisition by the Persons Subject To This Order of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Persons Subject To This Order acquires or attempts to acquire such ownership, possession or control; C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Persons Subject To This Order of any item subject to the Regulations that has been exported from the United States; D. Obtain from the Persons Subject To This Order in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Persons PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 Subject To This Order, or service any item, of whatever origin, that is owned, possessed or controlled by the Persons Subject To This Order if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing. III. In addition to the Related Persons named above, after notice and opportunity for comment as provided in section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Gao by affiliation, ownership, control, or position of responsibility in the conduct of trade or related services may also be made subject to the provisions of this Order if necessary to prevent evasion of the Order. IV. This Order does not prohibit any export, reexport, or other transaction subject to the Regulations where the only items involved that are subject to the Regulations are the foreignproduced direct product of U.S.-origin technology. V. This Order is effective immediately and shall remain in effect until March 5, 2014. VI. In accordance with Part 756 of the Regulations, Gao and any of the Related Persons may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations. VII. A copy of this Order shall be delivered to Gao and each Related Person. This Order shall be published in the Federal Register. Dated: December 14, 2005. Eileen M. Albanese, Director, Office of Exporter Services. [FR Doc. 05–24234 Filed 12–19–05; 8:45 am] BILLING CODE 3510–DT–M DEPARTMENT OF COMMERCE International Trade Administration A–570–846 Brake Rotors from the People’s Republic of China: Extension of Time Limit for Preliminary Results of Antidumping Duty Administrative Review and New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 20, 2005. AGENCY: E:\FR\FM\20DEN1.SGM 20DEN1 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices Erin C. Begnal or Tom Killiam, 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– 5222, respectively. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background On May 27, 2005, the Department of Commerce (‘‘Department’’) initiated an administrative review of the antidumping duty order on brake rotors from the People’s Republic of China. The review was initiated for 27 individually named firms. The period of review (POR) is April 1, 2004, through March 31, 2005. See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews and Request for Revocation in Part, 66 FR 30694 (May 27, 2005). Of the 27 named firms for which the Department initiated an administrative review, 18 firms had shipments of subject merchandise during the POR that are subject to review. Two of the 18 firms are also participating in the proceeding as new shippers. After consulting with the two new shippers, they agreed to have the Department rescind their administrative reviews in accordance with 19 CFR 351.214(j). See Memorandum to the File from Carrie Blozy Regarding the 8th Administrative Review of Brake Rotors from the People’s Republic of China, dated July 28, 2005. As a result, this administrative review will cover 16 firms. However, due to the large number of firms subject to this administrative review, and the Department’s experience regarding the resulting administrative burden to review each company for which a request has been made, the Department exercised its authority to limit the number of respondents selected for individual review by sampling, and conducted the sampling on November 16, 2005. See Section 777A(c) of the Tariff Act of 1930, as amended (‘‘the Act’’); see also November 16, 2005, Memorandum to the File from Erin Begnal, Antidumping Duty Administrative Review: Brake Rotors from the People’s Republic of China (November 16, 2005, Sampling Memorandum). The following respondents were selected for individual review pursuant to the sampling procedure: Qingdao Meita Automotive Industry Co., Ltd., Yantai Winhere Auto–Part Manufacturing Co., Ltd., Xiangfen Hengtai Brake Systems Co., Ltd., Hongfa Machinery (Dalian) Group Co., Ltd., and VerDate Aug<31>2005 19:23 Dec 19, 2005 Jkt 208001 Longkou Haimeng Machinery Co., Ltd. See November 16, 2005, Sampling Memorandum. The preliminary results of this administrative review are currently due by December 31, 2005. Extension of Time Limit for Preliminary Results Pursuant to section 751(a)(3)(A) of the Act, the Department shall issue preliminary results in an administrative review of an antidumping duty order within 245 days after the last day of the anniversary month of the date of publication of the order for which a review is requested and the final results within 120 days after the date on which the preliminary results are published. However, if it is not practicable to complete the review within the specified time periods, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. The Department has determined that completion of the preliminary results within the originally anticipated time limit, December 31, 2005, is impracticable. For the first time in this proceeding, the Department employed a sampling methodology to select respondents. In order to obtain necessary information and to afford parties opportunities to comment on the Department’s respondent selection methodology, the Department did not conduct its respondent selection sampling procedure until November 16, 2005. See section 777A(b) of the Act (where the Department determines to limit the selection of respondents by sampling, the Department ‘‘shall, to the greatest extent possible, consult with the exporters and producers regarding the method to be used to select exporters, producers or types of products’’). The Department requires additional time to analyze the parties’ responses to the questionnaires issued on November 16, 2005, as well as to issue any necessary supplemental questionnaires and to conduct verifications. Consequently, it is not practicable to complete the review within the time specified under the Act. Therefore, the Department is extending the time limit for completion of these preliminary results by 120 days to April 30, 2006, in accordance with Section 751(a)(3)(A) of the Act. Additionally, on April 29, 2005, Shanxi Zhongding Auto Parts Co., Ltd. agreed to waive the time limits of its new shipper review, on April 29, 2005, pursuant to 19 CFR 351.214(j)(3), and agreed to have its review conducted concurrently with the eighth PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 75449 administrative review of this order for the period April 1, 2004, through March 31, 2005. Therefore, the preliminary results of this new shipper review will also be extended by 120 days to April 30, 2006. The deadline for the final results of these reviews continues to be 120 days after the publication of the preliminary results. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: December 13, 2005. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E5–7561 Filed 12–19–05; 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: Extension of Time Limit for Final Results of the Twelfth New Shipper Review Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 20, 2005. FOR FURTHER INFORMATION CONTACT: Kit Rudd or Nicole Bankhead, 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) 482–1385 and (202) 482–9068, respectively. SUPPLEMENTARY INFORMATION: AGENCY: Background On September 28, 2005, the Department of Commerce (‘‘the Department’’) published in the Federal Register the preliminary results of the new shipper review of the antidumping duty order on brake rotors from the People’s Republic of China (‘‘PRC’’). See Brake Rotors From the People’s Republic of China: Preliminary Results of the Twelfth New Shipper Review, 70 FR 56634 (‘‘Preliminary Results’’). The final results are currently due on December 19, 2005. Extension of Time Limit for Final Results Pursuant to section 751(a)(2)(B)(iv) of the Tariff Act of 1930, as amended (‘‘the Act’’), and section 351.214(i)(1) of the Department’s regulations, the Department shall issue final results in a new shipper review of an antidumping E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Pages 75448-75449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7561]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


Brake Rotors from the People's Republic of China: Extension of 
Time Limit for Preliminary Results of Antidumping Duty Administrative 
Review and New Shipper Review

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

EFFECTIVE DATE: December 20, 2005.

[[Page 75449]]


FOR FURTHER INFORMATION CONTACT: Erin C. Begnal or Tom Killiam, 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) 482-5222, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On May 27, 2005, the Department of Commerce (``Department'') 
initiated an administrative review of the antidumping duty order on 
brake rotors from the People's Republic of China. The review was 
initiated for 27 individually named firms. The period of review (POR) 
is April 1, 2004, through March 31, 2005. See Notice of Initiation of 
Antidumping and Countervailing Duty Administrative Reviews and Request 
for Revocation in Part, 66 FR 30694 (May 27, 2005). Of the 27 named 
firms for which the Department initiated an administrative review, 18 
firms had shipments of subject merchandise during the POR that are 
subject to review. Two of the 18 firms are also participating in the 
proceeding as new shippers. After consulting with the two new shippers, 
they agreed to have the Department rescind their administrative reviews 
in accordance with 19 CFR 351.214(j). See Memorandum to the File from 
Carrie Blozy Regarding the 8th Administrative Review of Brake Rotors 
from the People's Republic of China, dated July 28, 2005. As a result, 
this administrative review will cover 16 firms.
    However, due to the large number of firms subject to this 
administrative review, and the Department's experience regarding the 
resulting administrative burden to review each company for which a 
request has been made, the Department exercised its authority to limit 
the number of respondents selected for individual review by sampling, 
and conducted the sampling on November 16, 2005. See Section 777A(c) of 
the Tariff Act of 1930, as amended (``the Act''); see also November 16, 
2005, Memorandum to the File from Erin Begnal, Antidumping Duty 
Administrative Review: Brake Rotors from the People's Republic of China 
(November 16, 2005, Sampling Memorandum).
    The following respondents were selected for individual review 
pursuant to the sampling procedure: Qingdao Meita Automotive Industry 
Co., Ltd., Yantai Winhere Auto-Part Manufacturing Co., Ltd., Xiangfen 
Hengtai Brake Systems Co., Ltd., Hongfa Machinery (Dalian) Group Co., 
Ltd., and Longkou Haimeng Machinery Co., Ltd. See November 16, 2005, 
Sampling Memorandum.
    The preliminary results of this administrative review are currently 
due by December 31, 2005.

Extension of Time Limit for Preliminary Results

    Pursuant to section 751(a)(3)(A) of the Act, the Department shall 
issue preliminary results in an administrative review of an antidumping 
duty order within 245 days after the last day of the anniversary month 
of the date of publication of the order for which a review is requested 
and the final results within 120 days after the date on which the 
preliminary results are published. However, if it is not practicable to 
complete the review within the specified time periods, section 
751(a)(3)(A) of the Act allows the Department to extend these deadlines 
to a maximum of 365 days and 180 days, respectively.
    The Department has determined that completion of the preliminary 
results within the originally anticipated time limit, December 31, 
2005, is impracticable. For the first time in this proceeding, the 
Department employed a sampling methodology to select respondents. In 
order to obtain necessary information and to afford parties 
opportunities to comment on the Department's respondent selection 
methodology, the Department did not conduct its respondent selection 
sampling procedure until November 16, 2005. See section 777A(b) of the 
Act (where the Department determines to limit the selection of 
respondents by sampling, the Department ``shall, to the greatest extent 
possible, consult with the exporters and producers regarding the method 
to be used to select exporters, producers or types of products''). The 
Department requires additional time to analyze the parties' responses 
to the questionnaires issued on November 16, 2005, as well as to issue 
any necessary supplemental questionnaires and to conduct verifications. 
Consequently, it is not practicable to complete the review within the 
time specified under the Act. Therefore, the Department is extending 
the time limit for completion of these preliminary results by 120 days 
to April 30, 2006, in accordance with Section 751(a)(3)(A) of the Act.
    Additionally, on April 29, 2005, Shanxi Zhongding Auto Parts Co., 
Ltd. agreed to waive the time limits of its new shipper review, on 
April 29, 2005, pursuant to 19 CFR 351.214(j)(3), and agreed to have 
its review conducted concurrently with the eighth administrative review 
of this order for the period April 1, 2004, through March 31, 2005. 
Therefore, the preliminary results of this new shipper review will also 
be extended by 120 days to April 30, 2006. The deadline for the final 
results of these reviews continues to be 120 days after the publication 
of the preliminary results.
    We are issuing and publishing this notice in accordance with 
sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: December 13, 2005.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E5-7561 Filed 12-19-05; 8:45 am]
BILLING CODE 3510-DS-S