Brake Rotors From the People's Republic of China: Final Results of the Twelfth New Shipper Review, 4112-4114 [E6-928]
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4112
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
POW. Accomplishments and results
reporting should involve two parts.
First, institutions should submit an
annual set of impact statements linked
to sources of funding. Strict attention to
just the preceding year is not expected
in all situations. Some impact
statements may need to cover ten or
more years of activity. Focus should be
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Viez of the Eastern Regional Office at
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February 2, 2006.
The meeting will be conducted
pursuant to the provisions of the rules
and regulations of the Commission.
Done at Washington, DC, this 18th day of
January, 2006.
Colien Hefferan,
Administrator, Cooperative State Research,
Education, and Extension Service.
[FR Doc. 06–680 Filed 1–24–06; 8:45 am]
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 Foreign-Trade Zones Act
provides for ‘‘* * * the establishment
* * * of foreign-trade zones in ports of
entry of the United States, to expedite
and encourage foreign commerce, and
for other purposes,’’ and authorizes the
Foreign-Trade Zones Board to grant to
qualified corporations the privilege of
establishing foreign-trade zones in or
adjacent to U.S. Customs ports of entry;
Whereas, the Board’s regulations (15
CFR part 400) provide for the
establishment of special-purpose
subzones when existing zone facilities
cannot serve the specific use involved,
and when the activity results in a
significant public benefit and is in the
public interest;
Whereas, the Triangle J Council of
Governments, grantee of Foreign-Trade
Zone 93, has made application to the
Board for authority to establish a
special-purpose subzone at the cosmetic
and personal care products
manufacturing and warehousing facility
of Revlon Consumer Products
Corporation, located in Oxford, North
Carolina (FTZ Docket 35–2005, filed 7/
26/05);
Whereas, notice inviting public
comment was given in the Federal
Register (70 FR 44558–44559, 8/3/05);
and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations are satisfied, and
that approval of the application is in the
public interest;
BILLING CODE 3410–22–P
COMMISSION ON CIVIL RIGHTS
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Agenda and Notice of Public Meeting
of the Vermont Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights that a conference call of the
Vermont state advisory committee will
convene at 11 a.m. and adjourn at 12
p.m. on February 6, 2006. The purpose
of the conference call is to plan future
committee activities.
This conference call is available to the
public through the following call-in
number: 1–800–597–0720, access code:
47113153. Any interested member of the
public may call this number and listen
to the meeting. Callers can expect to
incur charges for calls not initiated
using the supplied call-in number or
over wireless lines, and the Commission
will not refund any incurred charges.
Callers will incur no charge for calls
using the call-in number over land-line
connections. Persons with hearing
impairments may also follow the
proceedings by first calling the Federal
Relay Service at 1–800–977–8339 and
providing the Service with the
conference call number and access code.
To ensure that the Commission
secures an appropriate number of lines
for the public, persons are asked to
register by contacting Barbara de La
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
Dated at Washington, DC, January 19, 2006.
Ivy L. Davis,
Acting Chief Regional Programs Coordination
Unit.
[FR Doc. E6–882 Filed 1–24–06; 8:45 am]
BILLING CODE 6335–01–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 1433]
Now, Therefore, the Board hereby
grants authority for subzone status for
activity related to consumer and
personal care products manufacturing at
the facility of Revlon Consumer
Products Corporation, located in
Oxford, North Carolina (Subzone 93G),
as described in the application and
Federal Register notice, and subject to
the FTZ Act and the Board’s regulations,
including section 400.28.
Signed at Washington, DC, this 13th day of
January 2006.
Joseph A. Spetrini,
Deputy Assistant Secretary for AD/CVD Policy
and Negotiations, Alternate Chairman,
Foreign-Trade Zones Board.
[FR Doc. 06–674 Filed 1–24–06; 8:45 am]
BILLING CODE 3510–PS–M
Grant of Authority for Subzone Status;
Revlon Consumer Products
Corporation (Cosmetic and Personal
Care Products) Oxford, NC
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Fmt 4703
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DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–846]
Brake Rotors From the People’s
Republic of China: Final Results of the
Twelfth New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: 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 (September 28, 2005)
(‘‘Preliminary Results’’). We gave
interested parties an opportunity to
comment on the Preliminary Results.
We made one change to the dumping
margin calculations for the final results.
See Analysis for the Final Results of
Brake Rotors from the People’s Republic
of China: Dixion Brake System
(Longkou) Ltd., dated January 18, 2006,
(‘‘Dixion Final Analysis Memo’’); see
also Analysis for the Final Results of
Brake Rotors from the People’s Republic
of China: Laizhou Wally Automobile
Co., Ltd., dated January 18, 2006,
(‘‘Wally Final Analysis Memo’’)
EFFECTIVE DATE: January 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Nicole Bankhead (for Respondent
Dixion) or Kit Rudd (for Respondent
Wally) AD/CVD Operations, Office 9,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
AGENCY:
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Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
DC 20230; telephone: (202) 482–9068 or
(202) 482–1385, respectively.
SUPPLEMENTARY INFORMATION:
wwhite on PROD1PC61 with NOTICES
Case History
The Preliminary Results for this new
shipper review were published on
September 28, 2005. Since the
Preliminary Results, the following
events have occurred:
On October 28, 2005, both the
Coalition for the Preservation of
American Brake Drum and Rotor
Aftermarket Manufacturers
(‘‘Petitioner’’) and Laizhou Wally
Automobile Co., Ltd. (‘‘Wally’’) and
Dixion Brake System (Longkou) Ltd.
(‘‘Dixion’’), collectively ‘‘Respondents,’’
submitted publicly available
information to be used in valuing
surrogate values for the final results. On
November 1, 2005, Respondents
submitted additional surrogate value
information to rebut the information
provided by Petitioner.
On November 8, 2005, we received
case briefs from both Petitioner and
Respondents. On November 14, 2005,
Petitioner and Respondents submitted
their rebuttal briefs. On December 13,
2005, the Department extended the final
results by 30 days. See Brake Rotors
From the People’s Republic of China:
Extension of Time Limit for Final
Results of the Twelfth New Shipper
Review, 70 FR 75449 (December 20,
2005).
Scope of the 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 have
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 order are not certified by OEM
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
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 this
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 currently 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 this
order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs by parties to this
proceeding and to which we have
responded are listed in the Appendix to
this notice and addressed in the Issues
and Decision Memorandum, which is
hereby adopted by this notice. Parties
can find a complete discussion of the
issues raised in this new shipper review
and the corresponding
recommendations in this public
memorandum which is on file in the
Central Records Unit (‘‘CRU’’), room B–
099 of the main Department building. In
addition, a complete version of the
Issues and Decision Memorandum can
be accessed directly on our Web site at
https://ia.ita.doc.gov. The paper copy
and electronic version of the Issues and
Decision Memorandum are identical in
content.
Changes Since the Preliminary Results
Based on a review of the record since
the Preliminary Results, the surrogate
values for brokerage and handling and
labor changed slightly. See Decision
Memorandum at 2; see also
Memorandum from Nicole Bankhead,
Case Analyst, through Alex Villanueva,
Program Manager, Office 9 and James C.
Doyle, Office Director, Office 9, to The
File, 12th New Shipper Review of Brake
Rotors from the People’s Republic of
China (‘‘PRC’’): Surrogate Values for the
Final Results, dated January 18, 2006
(‘‘Final Factors Memo’’).
Partial Adverse Facts Available
In the Preliminary Results, the
Department determined that the use of
partial facts available was warranted for
the selection of certain surrogate values
pursuant to sections 776(a) and 776(b)
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Fmt 4703
Sfmt 4703
4113
of the Tariff Act of 1930, as amended
(the ‘‘Act’’). See Preliminary Results.
However, for the final results, the
Department is applying an adverse
inference, as provided under section
776(b) of the Act, to value certain factors
of production used by both
Respondents. Specifically, Respondents
were unable to provide period of review
(‘‘POR’’) documentation to support their
claims regarding the chemical content
and material specificity of the inputs pig
iron, ferrosilicon, and ferromanganese.
Therefore, the Department finds that
Respondents did not act to the best of
their ability to comply with the
Department’s request for information,
and for the final results, will apply
partial adverse facts available to value
these inputs. However, the values used
to value pig iron, ferrosilicon, and
ferromanganese have not changed since
the Preliminary Results and therefore
the application of partial adverse facts
available did not cause a change in the
margin. See Decision Memorandum at
Comment 1.
Final Results of Review
The weighted–average dumping
margins for the POR are as follows:
BRAKE ROTORS FROM THE PRC
Manufacturer/Exporter
Laizhou Wally Automobile Co.,
Ltd. (‘‘Wally’’) .........................
Dixion Brake System (Longkou)
Ltd. (‘‘Dixion’’) .......................
Weighted–
Average
Margin (Percent)
0.00
8.15
Assessment
The Department will determine, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries,
pursuant to 19 CFR 351.212(b). We have
calculated importer–specific duty
assessment rates on the basis of the ratio
of the total amount of antidumping
duties calculated for the examined sales
to the total entered value of the
examined sales for each importer. In
accordance with 19 CFR 351.106(c)(2),
we will instruct CBP to liquidate,
without regard to antidumping duties,
all entries of subject merchandise
during the POR for which the importer–
specific assessment rate is zero or de
minimis (i.e., less than 0.50 percent). To
determine whether the per–unit duty
assessment rates are de minimis (i.e.,
less than 0.50 percent), in accordance
with the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer or
customer–specific ad valorem ratios
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25JAN1
4114
Federal Register / Vol. 71, No. 16 / Wednesday, January 25, 2006 / Notices
based on export prices. We will direct
CBP to apply the resulting assessment
rates to the entered customs values for
the subject merchandise on each of the
importer’s entries during the review
period. The Department will issue
appropriate assessment instructions
directly to the CBP within 15 days of
publication of these final results of
review.
wwhite on PROD1PC61 with NOTICES
Cash Deposit Requirements
Bonding will no longer be permitted
to fulfill security requirements for
shipments of brake rotors from the PRC
that are manufactured and exported by
Wally and Dixion, and entered, or
withdrawn from warehouse, for
consumption on or after the publication
date of the final results of the new
shipper review.
The following cash deposit rates shall
be required for merchandise subject to
the order, entered, or withdrawn from
warehouse, for consumption on or after
the publication date of these final
results, as provided by section 751(a)(1)
and (a)(2)(C) of the Act: (1) The cash
deposit rate for Wally (i.e., for subject
merchandise manufactured and
exported by Wally), will be zero; (2) the
cash deposit rate for Dixion (i.e., for
subject merchandise manufactured and
exported by (Dixion) will be the rate
indicated above; (3) the cash deposit
rate for PRC exporters who received a
separate rate in a prior segment of the
proceeding will continue to be the rate
assigned in that segment of the
proceeding; (4) the cash deposit rate for
the PRC NME entity and for subject
merchandise exported by Wally and
Dixion but not manufactured by
themselves will continue to be the PRC–
wide rate (i.e., 43.32 percent); and (5)
the cash deposit rate for non–PRC
exporters of subject merchandise from
the PRC will be the rate applicable to
the PRC exporter that supplied the
exporter.
These deposit requirements shall
remain in effect until publication of the
final results of the next administrative
review.
Reimbursement of Duties
This notice also serves as a final
reminder to importers of their
responsibility under 19 CFR 351.402(f)
to file a certificate regarding the
reimbursement of antidumping duties
prior to liquidation of the relevant
entries during this POR. Failure to
comply with this requirement could
result in the Secretary’s presumption
that reimbursement of antidumping
duties occurred and the subsequent
assessment of doubled antidumping
duties.
VerDate Aug<31>2005
18:26 Jan 24, 2006
Jkt 208001
Administrative Protective Orders
Background
This notice also serves as a reminder
to parties subject to administrative
protective orders (‘‘APO’’) of their
responsibility concerning the return or
destruction of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305, which continues
to govern business proprietary
information in this segment of the
proceeding. Timely written notification
of the return/destruction of APO
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
We are issuing and publishing this
new shipper review and notice in
accordance with sections 751(a)(2)(B)
and 777(i) of the Act.
The Department of Commerce (the
Department) published the preliminary
results of the antidumping duty
administrative review on honey from
the People’s Republic of China on
December 16, 2005. Honey from the
People’s Republic of China: Preliminary
Results and Partial Rescission of
Antidumping Duty Administrative
Review, 70 FR 74764 (December 16,
2005).
Dated: January 18, 2006.
David Spooner,
Assistant Secretary for Import
Administration.
Appendix I Decision Memorandum
General Issues:
Comment 1: Valuation of Material
Factors of Production
Comment 2: Valuation of Brokerage and
Handling
Comment 3: Scrap Offset in Surrogate
Financial Ratios
Wally–Specific Issues:
Comment 4: Wally’s Bona Fide Sales
[FR Doc. E6–928 Filed 1–24–06; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–863]
Notice of Extension of Time Limit for
Final Results of Antidumping Duty
Administrative Review: Honey From
the People’s Republic of China
Import Administration,
International Trade Administration,
Department of Commerce.
EFFECTIVE DATE: January 25, 2006.
FOR FURTHER INFORMATION CONTACT:
Anya Naschak or Kristina Boughton,
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) 482–6375 and (202)
482–8173, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Extension of Time Limits for Final
Results
Pursuant to Section 751(a)(3)(A) of the
Tariff Act of 1930, as amended (the Act),
and section 351.213(h)(1) of the
Department’s regulations, the
Department shall issue the preliminary
results of an administrative review
within 245 days after the last day of the
anniversary month of the date of
publication of the order. The Act further
provides that the Department shall issue
the final results of review within 120
days after the date on which the notice
of the preliminary results was published
in the Federal Register. However, if the
Department determines that it is not
practicable to complete the review
within this time period, section
751(a)(3)(A) of the Act and section
351.213(h)(2) of the Department’s
regulations allow the Department to
extend the 245-day period to 365 days
and the 120-day period to 180 days.
On January 3, 2006, at the request of
respondents, the Department granted all
parties additional time to submit
surrogate value information. The
Department also extended the deadline
for parties to submit briefs. As a result
of these extensions and the complex
issues raised in this review segment,
including honey valuation and
intermediate input methodology, the
Department has determined that it is not
practicable to complete this
administrative review within the
current time limit.
Section 751(a)(3)(A) of the Act and
section 351.213(h) of the Department’s
regulations allow the Department to
extend the deadline for the final results
of a review to a maximum of 180 days
from the date on which the notice of the
preliminary results was published. For
the reasons noted above, the Department
is extending the time limit for the
completion of these final results until
no later than Friday, June 9, 2006,
which is 175 days from the date on
which the notice of the preliminary
results was published.
This notice is issued and published in
accordance with sections 751(a)(3)(A)
and 777(i) of the Act.
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25JAN1
Agencies
[Federal Register Volume 71, Number 16 (Wednesday, January 25, 2006)]
[Notices]
[Pages 4112-4114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-928]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Final Results
of the Twelfth New Shipper Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: 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 (September 28, 2005)
(``Preliminary Results''). We gave interested parties an opportunity to
comment on the Preliminary Results. We made one change to the dumping
margin calculations for the final results. See Analysis for the Final
Results of Brake Rotors from the People's Republic of China: Dixion
Brake System (Longkou) Ltd., dated January 18, 2006, (``Dixion Final
Analysis Memo''); see also Analysis for the Final Results of Brake
Rotors from the People's Republic of China: Laizhou Wally Automobile
Co., Ltd., dated January 18, 2006, (``Wally Final Analysis Memo'')
EFFECTIVE DATE: January 25, 2006.
FOR FURTHER INFORMATION CONTACT: Nicole Bankhead (for Respondent
Dixion) or Kit Rudd (for Respondent Wally) AD/CVD Operations, Office 9,
Import Administration, International Trade Administration, U.S.
Department of Commerce, 14th Street and Constitution Avenue, NW.,
Washington,
[[Page 4113]]
DC 20230; telephone: (202) 482-9068 or (202) 482-1385, respectively.
SUPPLEMENTARY INFORMATION:
Case History
The Preliminary Results for this new shipper review were published
on September 28, 2005. Since the Preliminary Results, the following
events have occurred:
On October 28, 2005, both the Coalition for the Preservation of
American Brake Drum and Rotor Aftermarket Manufacturers
(``Petitioner'') and Laizhou Wally Automobile Co., Ltd. (``Wally'') and
Dixion Brake System (Longkou) Ltd. (``Dixion''), collectively
``Respondents,'' submitted publicly available information to be used in
valuing surrogate values for the final results. On November 1, 2005,
Respondents submitted additional surrogate value information to rebut
the information provided by Petitioner.
On November 8, 2005, we received case briefs from both Petitioner
and Respondents. On November 14, 2005, Petitioner and Respondents
submitted their rebuttal briefs. On December 13, 2005, the Department
extended the final results by 30 days. See Brake Rotors From the
People's Republic of China: Extension of Time Limit for Final Results
of the Twelfth New Shipper Review, 70 FR 75449 (December 20, 2005).
Scope of the 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 have 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 order 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 this 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 currently 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 this
order is dispositive.
Analysis of Comments Received
All issues raised in the case and rebuttal briefs by parties to
this proceeding and to which we have responded are listed in the
Appendix to this notice and addressed in the Issues and Decision
Memorandum, which is hereby adopted by this notice. Parties can find a
complete discussion of the issues raised in this new shipper review and
the corresponding recommendations in this public memorandum which is on
file in the Central Records Unit (``CRU''), room B-099 of the main
Department building. In addition, a complete version of the Issues and
Decision Memorandum can be accessed directly on our Web site at https://
ia.ita.doc.gov. The paper copy and electronic version of the Issues and
Decision Memorandum are identical in content.
Changes Since the Preliminary Results
Based on a review of the record since the Preliminary Results, the
surrogate values for brokerage and handling and labor changed slightly.
See Decision Memorandum at 2; see also Memorandum from Nicole Bankhead,
Case Analyst, through Alex Villanueva, Program Manager, Office 9 and
James C. Doyle, Office Director, Office 9, to The File, 12th New
Shipper Review of Brake Rotors from the People's Republic of China
(``PRC''): Surrogate Values for the Final Results, dated January 18,
2006 (``Final Factors Memo'').
Partial Adverse Facts Available
In the Preliminary Results, the Department determined that the use
of partial facts available was warranted for the selection of certain
surrogate values pursuant to sections 776(a) and 776(b) of the Tariff
Act of 1930, as amended (the ``Act''). See Preliminary Results.
However, for the final results, the Department is applying an adverse
inference, as provided under section 776(b) of the Act, to value
certain factors of production used by both Respondents. Specifically,
Respondents were unable to provide period of review (``POR'')
documentation to support their claims regarding the chemical content
and material specificity of the inputs pig iron, ferrosilicon, and
ferromanganese. Therefore, the Department finds that Respondents did
not act to the best of their ability to comply with the Department's
request for information, and for the final results, will apply partial
adverse facts available to value these inputs. However, the values used
to value pig iron, ferrosilicon, and ferromanganese have not changed
since the Preliminary Results and therefore the application of partial
adverse facts available did not cause a change in the margin. See
Decision Memorandum at Comment 1.
Final Results of Review
The weighted-average dumping margins for the POR are as follows:
Brake Rotors from the PRC
------------------------------------------------------------------------
Weighted-
Manufacturer/Exporter Average Margin
(Percent)
------------------------------------------------------------------------
Laizhou Wally Automobile Co., Ltd. (``Wally'')......... 0.00
Dixion Brake System (Longkou) Ltd. (``Dixion'')........ 8.15
------------------------------------------------------------------------
Assessment
The Department will determine, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries, pursuant to 19 CFR 351.212(b). We have calculated
importer-specific duty assessment rates on the basis of the ratio of
the total amount of antidumping duties calculated for the examined
sales to the total entered value of the examined sales for each
importer. In accordance with 19 CFR 351.106(c)(2), we will instruct CBP
to liquidate, without regard to antidumping duties, all entries of
subject merchandise during the POR for which the importer-specific
assessment rate is zero or de minimis (i.e., less than 0.50 percent).
To determine whether the per-unit duty assessment rates are de minimis
(i.e., less than 0.50 percent), in accordance with the requirement set
forth in 19 CFR 351.106(c)(2), we calculated importer or customer-
specific ad valorem ratios
[[Page 4114]]
based on export prices. We will direct CBP to apply the resulting
assessment rates to the entered customs values for the subject
merchandise on each of the importer's entries during the review period.
The Department will issue appropriate assessment instructions directly
to the CBP within 15 days of publication of these final results of
review.
Cash Deposit Requirements
Bonding will no longer be permitted to fulfill security
requirements for shipments of brake rotors from the PRC that are
manufactured and exported by Wally and Dixion, and entered, or
withdrawn from warehouse, for consumption on or after the publication
date of the final results of the new shipper review.
The following cash deposit rates shall be required for merchandise
subject to the order, entered, or withdrawn from warehouse, for
consumption on or after the publication date of these final results, as
provided by section 751(a)(1) and (a)(2)(C) of the Act: (1) The cash
deposit rate for Wally (i.e., for subject merchandise manufactured and
exported by Wally), will be zero; (2) the cash deposit rate for Dixion
(i.e., for subject merchandise manufactured and exported by (Dixion)
will be the rate indicated above; (3) the cash deposit rate for PRC
exporters who received a separate rate in a prior segment of the
proceeding will continue to be the rate assigned in that segment of the
proceeding; (4) the cash deposit rate for the PRC NME entity and for
subject merchandise exported by Wally and Dixion but not manufactured
by themselves will continue to be the PRC-wide rate (i.e., 43.32
percent); and (5) the cash deposit rate for non-PRC exporters of
subject merchandise from the PRC will be the rate applicable to the PRC
exporter that supplied the exporter.
These deposit requirements shall remain in effect until publication
of the final results of the next administrative review.
Reimbursement of Duties
This notice also serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f) to file a certificate regarding
the reimbursement of antidumping duties prior to liquidation of the
relevant entries during this POR. Failure to comply with this
requirement could result in the Secretary's presumption that
reimbursement of antidumping duties occurred and the subsequent
assessment of doubled antidumping duties.
Administrative Protective Orders
This notice also serves as a reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with 19 CFR 351.305, which continues
to govern business proprietary information in this segment of the
proceeding. Timely written notification of the return/destruction of
APO materials or conversion to judicial protective order is hereby
requested. Failure to comply with the regulations and terms of an APO
is a violation which is subject to sanction.
We are issuing and publishing this new shipper review and notice in
accordance with sections 751(a)(2)(B) and 777(i) of the Act.
Dated: January 18, 2006.
David Spooner,
Assistant Secretary for Import Administration.
Appendix I Decision Memorandum
General Issues:
Comment 1: Valuation of Material Factors of Production
Comment 2: Valuation of Brokerage and Handling
Comment 3: Scrap Offset in Surrogate Financial Ratios
Wally-Specific Issues:
Comment 4: Wally's Bona Fide Sales
[FR Doc. E6-928 Filed 1-24-06; 8:45 am]
BILLING CODE 3510-DS-S