Brake Rotors From the People's Republic of China: Initiation of New Shipper Review, 69203-69204 [E6-20256]

Download as PDF Federal Register / Vol. 71, No. 230 / Thursday, November 30, 2006 / Notices Dated: November 21, 2006. Pierre V. Duy, Acting Executive Secretary. [FR Doc. E6–20290 Filed 11–29–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [Docket 45–2006] pwalker on PRODPC60 with NOTICES Foreign-Trade Zone 86—Tacoma, WA, Request for Manufacturing, Authority (Home Theater System Kits) An application has been submitted to the Foreign-Trade Zones Board (the Board) by the Port of Tacoma (Washington), grantee of Foreign-Trade Zone (FTZ) 86, requesting authority on behalf of Panasonic Consumer Electronics Co. (PCEC) and its warehouse/FTZ operator, Norvanco International Inc. (Norvanco), for the manufacture (kitting) of home theater systems under FTZ procedures. (Norvanco/PCEC has already been approved for this activity through November 2008 under FTZ temporary/ interim manufacturing procedures.) The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a– 81u), and the regulations of the Board (15 CFR part 400). It was formally filed on November 8, 2006. Norvanco operates a facility (100 employees) in Sumner, Washington, within Site 6 of FTZ 86, that will be used for the kitting of home theater systems (HTSUS 8527.31). The finished products would enter the United States duty free. Imported components/inputs that may be admitted under FTZ procedures are subwoofers (HTSUS 8518.21) and speaker boxes (HTSUS 8518.22). Since submission of the application to the FTZ Board, the applicant has clarified that it is not seeking authority for a third listed input—packing materials—to be admitted to the FTZ other than as ancillary to the other listed components. Duty rates on the two proposed imported components are currently 4.9 percent ad valorem. This application requests authority for Norvanco to conduct the kitting activity under FTZ procedures on behalf of PCEC, which would allow the company to choose the duty rate that applies to the finished product for the foreign components noted above. Norvanco/ PCEC also anticipates realizing logistical savings. The application indicates that the proposed kitting activity is currently performed abroad and that FTZ-related savings would enable the shifting of that VerDate Aug<31>2005 16:44 Nov 29, 2006 Jkt 211001 activity to Norvanco’s Washington facility, thereby helping to improve the facility’s international competitiveness. In accordance with the Board’s regulations, a member of the FTZ Staff has been designated examiner to investigate the application and report to the Board. Public comment is invited from interested parties. Submissions (original and 3 copies) shall be addressed to the Board’s Executive Secretary at the address listed below. The closing period for their receipt is January 29, 2007. Rebuttal comments in response to material submitted during the forgoing period may be submitted during the subsequent 15-day period (to February 13, 2007). A copy of the application and accompanying exhibits will be available for public inspection at each of the following locations: The Seattle U.S. Export Assistance Center, 2601 Fourth Avenue, Suite 320, Seattle, WA 98121; and Office of the Executive Secretary, Foreign-Trade Zones Board, Room 2814B, U.S. Department of Commerce, 1401 Constitution Avenue, NW., Washington, DC 20230. Dated: November 21, 2006. Pierre V. Duy, Acting Executive Secretary. [FR Doc. E6–20292 Filed 11–29–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE International Trade Administration A–570–846 Brake Rotors From the People’s Republic of China: Initiation of New Shipper Review Import Administration, International Trade Administration, Department of Commerce EFFECTIVE DATE: November 30, 2006. SUMMARY: The Department of Commerce (the ‘‘Department’’) received a timely request to conduct a new shipper review of the antidumping duty order on brake rotors from the People’s Republic of China (‘‘PRC’’). In accordance with 19 CFR 351.214(d)(1), we are initiating a review for Longkou Qizheng Auto Parts Co., Ltd. (‘‘Qizheng’’). FOR FURTHER INFORMATION CONTACT: Frances Veith or Blanche Ziv, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482–4295 and (202) 482–4207, respectively. AGENCY: PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 69203 The Department received a timely request from Qizheng on October 31, 2006, pursuant to section 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘the Act’’), and in accordance with 19 CFR 351.214(c), for a new shipper review of the antidumping duty order on brake rotors from the PRC. See Notice of Antidumping Duty Order: Brake Rotors from the People’s Republic of China, 62 FR 18740 (April 17, 1997). Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(iii)(A), and 19 CFR 351.214(b)(2)(iii)(B), in its request for a new shipper review, Qizheng certified that as a producing exporter it did not export brake rotors to the United States during the period of investigation (‘‘POI’’); that since the initiation of the investigation it has never been affiliated with any company that exported subject merchandise to the United States during the POI; and that its export activities were not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(iv), Qizheng submitted documentation establishing the following: (1) the date on which it first shipped brake rotors for export to the United States; (2) the volume of its first shipment; and (3) the date of its first sale to an unaffiliated customer in the United States. SUPPLEMENTARY INFORMATION: Initiation of New Shipper Review In accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214(d)(1), and based on information on the record, we find that Qizheng’s request meets the initiation threshold requirements and we are initiating a new shipper review for shipments of brake rotors produced and exported by Qizheng. See Memorandum to the File through Wendy J. Frankel, Director, New Shipper Initiation Checklist, dated, November 22, 2006. The Department will conduct this new shipper review according to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act. Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review (‘‘POR’’) for a new shipper review, normally initiated in the month immediately following the semiannual anniversary month, will be the sixmonth period immediately preceding the semiannual anniversary month. Therefore, the POR for the new shipper review of Qizheng will be April 1, 2006, through September 30, 2006. Pursuant to the Department’s regulations, in cases involving non– market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the country– E:\FR\FM\30NON1.SGM 30NON1 69204 Federal Register / Vol. 71, No. 230 / Thursday, November 30, 2006 / Notices wide rate provide evidence of de jure and de facto absence of government control over the company’s export activities. Accordingly, we will issue a questionnaire to Qizheng, including a separate rate section. The review will proceed if the responses provide sufficient indication that Qizheng is not subject to either de jure or de facto government control with respect to its exports of brake rotors. However, if Qizheng does not demonstrate its eligibility for a separate rate, the company will be deemed not separate from other companies that exported during the POI, and the new shipper review for Qizheng will be rescinded. On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was signed into law by Congress. Section 1632 of H.R. 4 temporarily suspends the authority of the Department to instruct U.S. Customs and Border Protection to collect a bond or other security in lieu of a cash deposit in new shipper reviews. Therefore, the posting of a bond or other security under section 751(a)(2)(B)(iii) of the Act in lieu of a cash deposit is not available in this case. Importers of brake rotors exported and produced by Qizheng must continue to post a cash deposit of estimated antidumping duties on each entry of subject merchandise (i.e., brake rotors) at the PRC–wide entity rate of 43.32 percent. Interested parties that need access to proprietary information in this new shipper review should submit applications for disclosure under administrative protective order in accordance with 19 CFR 351.305 and 351.306. This initiation and notice are issued in accordance with section 751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i). Dated: November 22, 2006. Susan H. Kuhbach Acting Deputy Assistant Secretary for Import Administration. [FR Doc. E6–20256 Filed 11–29–06; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration pwalker on PRODPC60 with NOTICES [A–570–848] Helical Spring Lock Washers From the People’s Republic of China: Notice of Court Decision Not In Harmony With Final Results of Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: VerDate Aug<31>2005 16:44 Nov 29, 2006 Jkt 211001 SUMMARY: On August 25, 2006, the United States Court of International Trade (‘‘Court’’) sustained the final remand determination made by the Department of Commerce (‘‘the Department’’) pursuant to the Court’s remand of the final results of the administrative review of Helical Spring Lock Washers (‘‘HSLWs’’) from the People’s Republic of China. See Shakeproof Assembly Components Division of IL Tool Works, Inc. v. United States, Consol. Ct. 05–00404, Slip Op. 06–129 (Ct. Int’l Trade Aug. 25, 2006) (‘‘Shakeproof Assembly’’). This case arises out of the Department’s October 1, 2002, through September 30, 2003, administrative review final results. See Certain Helical Spring Lock Washers from the People’s Republic of China: Final Results of Antidumping Duty Administrative Review, 70 FR 28274 (May 17, 2005) (‘‘Final Results’’). The final judgment in this case was not in harmony with the Department’s Final Results. EFFECTIVE DATE: September 4, 2006. FOR FURTHER INFORMATION CONTACT: Marin Weaver or Charles Riggle, AD/ CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone: (202) 482–2336 or (202) 482– 0650, respectively. SUPPLEMENTARY INFORMATION: In Shakeproof Assembly Components v. United States, Slip Op. 05–163 (CIT, Dec. 22, 2005), the Court remanded the underlying results to the Department for reconsideration of the methodology employed to value plating services in the calculation of the antidumping duty rate for Hangzhou Spring Washer Co., Ltd. (‘‘Hangzhou’’). On May 15, 2006, the Department issued the draft results of redetermination pursuant to remand to Hangzhou and Shakeproof Assembly Components Division of Illinois Tool Works Inc. (‘‘Shakeproof’’) for comment. On May 18, 2006, we received comments on our draft redetermination from both parties. On June 2, 2006, the Department issued its final results of redetermination pursuant to remand to the Court. The remand redetermination explained that the Department found the Sudha Electroplaters price quote to be the most reliable information on the record with which to value zinc plating. Moreover, based on the information on the record, the Department found that this quote should be applied to the weight of the un-plated lock washers. Thus, the Department recalculated the antidumping duty margin for Hangzhou. PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 On August 25, 2006, the Court sustained the final redetermination made by the Department pursuant to the Court’s remand of the final results of the administrative review of HSLWs from the People’s Republic of China. See Shakeproof Assembly. In its decision in Timken Co. v. United States, 893 F. 2d 337, 341 (Fed. Cir. 1990) (‘‘Timken’’), the United States Court of Appeals for the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (‘‘the Act’’), the Department must publish a notice of a court decision that is not ‘‘in harmony’’ with a Department determination, and must suspend liquidation of entries pending a ‘‘conclusive’’ court decision. The Court’s decision in Shakeproof Assembly on August 25, 2006, constitutes a final decision of that court that is not in harmony with the Department’s Final Results. This notice is published in fulfillment of the publication requirements of Timken. Accordingly, the Department will continue the suspension of liquidation of the subject merchandise pending a final and conclusive court decision. The Court’s ruling has been appealed, and if it is upheld by the Court of Appeals for the Federal Circuit, the Department will instruct U.S. Customs and Border Protection to revise cash deposit rates and liquidate relevant entries covering the subject merchandise effective September 4, 2006. This notice is issued and published in accordance with section 516A(c)(1) of the Act. Dated: November 17, 2006. Stephen J. Claeys, Acting Assistant Secretary for Import Administration. [FR Doc. E6–20285 Filed 11–29–06; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF DEFENSE Office of the Secretary of Defense Meeting of the DoD Advisory Group on Electron Devices Department of Defense, Advisory Group on Electron Devices. ACTION: Notice. AGENCY: SUMMARY: The DoD Advisory Group on Electron Devices (AGED) announces a closed session meeting. DATES: The meeting will be held at 0900, Tuesday, December 5, 2006. ADDRESSES: The meeting will be held at ITS Noesis Business Unit, 4100 N. Fairfax Drive, Suite 800, Arlington, VA 22203. E:\FR\FM\30NON1.SGM 30NON1

Agencies

[Federal Register Volume 71, Number 230 (Thursday, November 30, 2006)]
[Notices]
[Pages 69203-69204]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20256]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


Brake Rotors From the People's Republic of China: Initiation of 
New Shipper Review

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

EFFECTIVE DATE: November 30, 2006.
SUMMARY: The Department of Commerce (the ``Department'') received a 
timely request to conduct a new shipper review of the antidumping duty 
order on brake rotors from the People's Republic of China (``PRC''). In 
accordance with 19 CFR 351.214(d)(1), we are initiating a review for 
Longkou Qizheng Auto Parts Co., Ltd. (``Qizheng'').

FOR FURTHER INFORMATION CONTACT: Frances Veith or Blanche Ziv, AD/CVD 
Operations, Office 8, Import Administration, International Trade 
Administration, U.S. Department of Commerce, 14th Street and 
Constitution Avenue, NW, Washington, DC 20230; telephone: (202) 482-
4295 and (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION: The Department received a timely request 
from Qizheng on October 31, 2006, pursuant to section 751(a)(2)(B) of 
the Tariff Act of 1930, as amended (``the Act''), and in accordance 
with 19 CFR 351.214(c), for a new shipper review of the antidumping 
duty order on brake rotors from the PRC. See Notice of Antidumping Duty 
Order: Brake Rotors from the People's Republic of China, 62 FR 18740 
(April 17, 1997).
    Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(iii)(A), 
and 19 CFR 351.214(b)(2)(iii)(B), in its request for a new shipper 
review, Qizheng certified that as a producing exporter it did not 
export brake rotors to the United States during the period of 
investigation (``POI''); that since the initiation of the investigation 
it has never been affiliated with any company that exported subject 
merchandise to the United States during the POI; and that its export 
activities were not controlled by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Qizheng submitted 
documentation establishing the following: (1) the date on which it 
first shipped brake rotors for export to the United States; (2) the 
volume of its first shipment; and (3) the date of its first sale to an 
unaffiliated customer in the United States.

Initiation of New Shipper Review

    In accordance with section 751(a)(2)(B) of the Act and 19 CFR 
351.214(d)(1), and based on information on the record, we find that 
Qizheng's request meets the initiation threshold requirements and we 
are initiating a new shipper review for shipments of brake rotors 
produced and exported by Qizheng. See Memorandum to the File through 
Wendy J. Frankel, Director, New Shipper Initiation Checklist, dated, 
November 22, 2006. The Department will conduct this new shipper review 
according to the deadlines set forth in section 751(a)(2)(B)(iv) of the 
Act.
    Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review 
(``POR'') for a new shipper review, normally initiated in the month 
immediately following the semiannual anniversary month, will be the 
six-month period immediately preceding the semiannual anniversary 
month. Therefore, the POR for the new shipper review of Qizheng will be 
April 1, 2006, through September 30, 2006.
    Pursuant to the Department's regulations, in cases involving non-
market economies, the Department requires that a company seeking to 
establish eligibility for an antidumping duty rate separate from the 
country-

[[Page 69204]]

wide rate provide evidence of de jure and de facto absence of 
government control over the company's export activities. Accordingly, 
we will issue a questionnaire to Qizheng, including a separate rate 
section. The review will proceed if the responses provide sufficient 
indication that Qizheng is not subject to either de jure or de facto 
government control with respect to its exports of brake rotors. 
However, if Qizheng does not demonstrate its eligibility for a separate 
rate, the company will be deemed not separate from other companies that 
exported during the POI, and the new shipper review for Qizheng will be 
rescinded.
    On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was 
signed into law by Congress. Section 1632 of H.R. 4 temporarily 
suspends the authority of the Department to instruct U.S. Customs and 
Border Protection to collect a bond or other security in lieu of a cash 
deposit in new shipper reviews. Therefore, the posting of a bond or 
other security under section 751(a)(2)(B)(iii) of the Act in lieu of a 
cash deposit is not available in this case. Importers of brake rotors 
exported and produced by Qizheng must continue to post a cash deposit 
of estimated antidumping duties on each entry of subject merchandise 
(i.e., brake rotors) at the PRC-wide entity rate of 43.32 percent.
    Interested parties that need access to proprietary information in 
this new shipper review should submit applications for disclosure under 
administrative protective order in accordance with 19 CFR 351.305 and 
351.306.
    This initiation and notice are issued in accordance with section 
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).

    Dated: November 22, 2006.
Susan H. Kuhbach
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-20256 Filed 11-29-06; 8:45 am]
BILLING CODE 3510-DS-S