Brake Rotors from the People's Republic of China: Extension of Time Limit for Final Results of the Twelfth New Shipper Review, 75449-75450 [E5-7563]

Download as PDF 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 75450 Federal Register / Vol. 70, No. 243 / Tuesday, December 20, 2005 / Notices duty order 90 days after the date on which the preliminary results are issued. Section 351.214(i)(2) of the Department’s regulations state, however, that if the Department determines that a new shipper review is extraordinarily complicated, the Department may extend the 90-day period to 150 days. The Department finds that the complicated nature of this review necessitates an extension of time beyond the 90-day period to complete the final results. On October 17, 2005, the Department granted the Coalition for the Preservation of American Brake Drum and Rotor Aftermarket Manufacturers (‘‘Petitioner’’) an extension of time to file publicly available information to value certain factors of production in the final results of the review. In addition, on October 25, 2005, the Department granted respondents Laizhou Wally Automobile Co., Ltd. (‘‘Wally’’) and Dixion Brake System (Longkou) Ltd. an extension of time to file their case briefs and rebuttal briefs. As a result of these extensions, the Department requires additional time to analyze the complex issues contained in the parties’ comments and briefs, including the Petitioner’s argument regarding the bona fide nature of Wally’s sales. Therefore, for the reasons cited above, we are extending the time limit for the completion of the final results of this review by 30 days, until no later than January 18, 2006. This notice is published in accordance with section 751(a)(2)(B)(iv) of the Act and section 351.214(i)(2) of the Department’s regulations. Dated: December 13, 2005. Stephen J. Claeys, Deputy Assistant Secretaryfor Import Administration. [FR Doc. E5–7563 Filed 12–19–05; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration A–570–827 Notice of Continuation of Antidumping Duty Order on Certain Cased Pencils from the People’s Republic of China Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: December 20, 2005. FOR FURTHER INFORMATION CONTACT: Maureen Flannery at (202) 482–3020 or Paul Stolz at (202) 482–4474, AD/CVD AGENCY: VerDate Aug<31>2005 19:23 Dec 19, 2005 Jkt 208001 Operations, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC, 20230. SUMMARY: The U.S. Department of Commerce (Department), pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act), has determined that revocation of the antidumping duty order on certain cased pencils (pencils) from the People’s Republic of China (PRC) would likely lead to continuation or recurrence of dumping. On December 6, 2005, the International Trade Commission (ITC), pursuant to section 751(c) of the Act, determined that revocation of the antidumping duty order on pencils from the PRC would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. Therefore, pursuant to 19 CFR 351.218(f)(4), the Department is publishing notice of the continuation of the antidumping duty order on pencils from the PRC. SUPPLEMENTARY INFORMATION: Background On July 1, 2005, the Department initiated, and the ITC instituted, a sunset review of the antidumping duty order on pencils from the PRC, pursuant to section 751(c) of the Act. See Initiation of Five–Year (Sunset) Reviews, 70 FR 38101 (July 1, 2005) and Cased Pencils from China, 70 FR 38192 (July 1, 2005). As a result of its review, the Department found that revocation of the antidumping duty order would likely lead to continuation or recurrence of dumping and notified the ITC of the magnitude of the margins likely to prevail were the order revoked. See Certain Cased Pencils from the People’s Republic of China (PRC); Notice of Final Results of Expedited Sunset Review of Antidumping Duty Order, 70 FR 67427 (November 7, 2005). On November 15, 2005, the ITC determined, pursuant to section 751(c) of the Act, that revocation of the antidumping duty order on pencils would likely lead to continuation or recurrence of material injury to an industry in the United States within a reasonably foreseeable time. See Cased Pencils from China, 70 FR 72652 (December 6, 2005). or not tipped (e.g., with erasers, etc.) in any fashion, and either sharpened or unsharpened. The pencils subject to the order are classified under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically excluded from the scope of the order are mechanical pencils, cosmetic pencils, pens, non–cased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above–referenced patent, thereby having odors distinct from those that may emanate from pencils lacking the scent infusion. Also excluded from the scope of the order are pencils with all of the following physical characteristics: 1) length: 13.5 or more inches; 2) sheath diameter: not less than one–and-one quarter inches at any point (before sharpening); and 3) core length: not more than 15 percent of the length of the pencil. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Determination As a result of the determinations by the Department and the ITC that revocation of this antidumping duty order would be likely to lead to continuation or recurrence of dumping and material injury to an industry in the United States, pursuant to section 751(d)(2) of the Act, the Department hereby orders the continuation of the antidumping duty order on pencils from the PRC. U.S. Customs and Border Protection will continue to collect antidumping duty deposits at the rates in effect at the time of entry for all imports of subject merchandise. The effective date of continuation of this order is the date of publication in the Federal Register of this Notice of Continuation. Pursuant to sections 751(c)(2) and 751(c)(6) of the Act, the Department intends to initiate the next five–year review of this order not later than November 2010. Scope of the Order Imports covered by this order are shipments of certain cased pencils of any shape or dimension (except as noted below) which are writing and/or drawing instruments that feature cores of graphite or other materials, encased in wood and/or man–made materials, whether or not decorated and whether We are issuing and publishing the results and notice in accordance with sections 751(c) and 777(i)(1) of the Act. Dated: December 13, 2005. Stephen J. Claeys, Acting Assistant Secretaryfor Import Administration. [FR Doc. E5–7560 Filed 12–19–05; 8:45 am] PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 BILLING CODE 3510–DS–S E:\FR\FM\20DEN1.SGM 20DEN1

Agencies

[Federal Register Volume 70, Number 243 (Tuesday, December 20, 2005)]
[Notices]
[Pages 75449-75450]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-7563]


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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 Final Results of the Twelfth New Shipper Review

AGENCY: 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:

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

[[Page 75450]]

duty order 90 days after the date on which the preliminary results are 
issued. Section 351.214(i)(2) of the Department's regulations state, 
however, that if the Department determines that a new shipper review is 
extraordinarily complicated, the Department may extend the 90-day 
period to 150 days. The Department finds that the complicated nature of 
this review necessitates an extension of time beyond the 90-day period 
to complete the final results.
    On October 17, 2005, the Department granted the Coalition for the 
Preservation of American Brake Drum and Rotor Aftermarket Manufacturers 
(``Petitioner'') an extension of time to file publicly available 
information to value certain factors of production in the final results 
of the review. In addition, on October 25, 2005, the Department granted 
respondents Laizhou Wally Automobile Co., Ltd. (``Wally'') and Dixion 
Brake System (Longkou) Ltd. an extension of time to file their case 
briefs and rebuttal briefs. As a result of these extensions, the 
Department requires additional time to analyze the complex issues 
contained in the parties' comments and briefs, including the 
Petitioner's argument regarding the bona fide nature of Wally's sales.
    Therefore, for the reasons cited above, we are extending the time 
limit for the completion of the final results of this review by 30 
days, until no later than January 18, 2006. This notice is published in 
accordance with section 751(a)(2)(B)(iv) of the Act and section 
351.214(i)(2) of the Department's regulations.

    Dated: December 13, 2005.
Stephen J. Claeys,
Deputy Assistant Secretaryfor Import Administration.
[FR Doc. E5-7563 Filed 12-19-05; 8:45 am]
BILLING CODE 3510-DS-S