Brake Rotors From the People's Republic of China: Initiation of Antidumping Duty New Shipper Review, 29299-29300 [E7-10134]

Download as PDF Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices related to an attempted export to North Korea). The terms of the denial of export privileges against Super Net should be consistent with the standard language used by BIS in such orders. The language is: [REDACTED SECTION] This Order, which constitutes the final agency action in this matter, is effective upon publication in the Federal Register. Accordingly, the undersigned refers this Recommended Decision and Order to the Under Secretary of Commerce for Industry and Security for review and final action for the agency, without further notice to the respondent, as provided in Section 766.7 of the Regulations. Within 30 days after receipt of this Recommended Decision and Order, the Under Secretary shall issue a written order affirming, modifying, or vacating the Recommended Decision and Order. See 15 CFR 766.22(c). Dated: May 1, 2007. The Honorable Joseph N. Ingolia, Chief Administrative Law Judge. [FR Doc. 07–2604 Filed 5–24–07; 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: Initiation of Antidumping Duty New Shipper Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: EFFECTIVE DATE: May 25, 2007. SUMMARY: The Department of Commerce (‘‘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 751(a)(2)(B) of the Tariff Act of 1930, as amended (‘‘Act’’), and 19 CFR 351.214(d)(1), we are initiating a new shipper review for Shanghai Tylon Company Ltd. (‘‘Tylon’’). Ann Fornaro 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) 482–3927 and (202) 482–4207, respectively. SUPPLEMENTARY INFORMATION: jlentini on PROD1PC65 with NOTICES FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 17:34 May 24, 2007 Jkt 211001 Background On April 18, 2007, during the anniversary month of the antidumping duty order on brake rotors from the PRC, the Department received a request from Tylon for a new shipper review of the order, pursuant to section 751(a)(2)(B) of the Act and 19 CFR 351.214(c). See Notice of Antidumping Duty Order: Brake Rotors from the People’s Republic of China, 62 FR 18740 (April 17, 1997). As required by 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 351.214(b)(2)(iii)(A), Tylon certified that it did not export the subject merchandise to the United States during the period of investigation (‘‘POI’’), and that since the initiation of the investigation, the company has never been affiliated with any exporter or producer who exported subject merchandise to the United States during the POI. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Tylon further certified that its export activities are not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(ii)(B), Yantai Hongda Auto Replacement Parts Co., Ltd. (‘‘Yantai Hongda’’), the producer of subject merchandise, certified that it did not export subject merchandise to the United States during the POI. In accordance with 19 CFR 351.214(b)(iii)(B), Yantai Hongda further certified that since the investigation was initiated, it has never been affiliated with any exporter or producer who exported the subject merchandise to the United States during the POI and that its export activities are not controlled by the central government of the PRC. In accordance with 19 CFR 351.214(b)(2)(iv), Tylon 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 any subsequent shipments; 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 Tylon’s request meets the threshold requirements for initiation of a new shipper review. See Memorandum to the File through Wendy J. Frankel, Director, AD/CVD Operations, Office 8, and Blanche Ziv, Program Manager, AD/ CVD Operations, Office 8, from the Team, entitled ‘‘Initiation of AD New Shipper Review: Brake Rotors from the PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 29299 People’s Republic of China,’’ dated, May 21, 2007. Therefore, we are initiating a new shipper review for shipments of brake rotors produced by Yantai Hongda and exported by Tylon. The Department will conduct this new shipper review according to the deadlines set forth in section 751(a)(2)(B)(iv) of the Act. On April 26, 2007, the Department issued a supplemental questionnaire to Tylon, informing the company that the period of review (‘‘POR’’) stated in its request did not meet the requirements articulated in 19 CFR 351.214(g)(1)(i)(A), and requested that Tylon correct and resubmit its new shipper review request with the appropriate POR within the time frame set forth in 19 CFR 351.214(d). On April 27, 2007, in response to the Department’s request, Tylon resubmitted its new shipper review request with the appropriate POR. Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper review initiated in the month immediately following the anniversary month normally will cover the 12-month period immediately preceding the anniversary month. Therefore, the POR for this new shipper review will be April 1, 2006, through March 31, 2007. In cases involving non–market economies, the Department requires that a company seeking to establish eligibility for an antidumping duty rate separate from the PRC–wide entity 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 Tylon, including a separate–rate section. The review will proceed if the responses provide sufficient indication that Tylon is not subject to either de jure or de facto government control with respect to its exports of brake rotors. However, if Tylon 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 Tylon 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 by Tylon and produced by Yantai Hongda must continue to post a cash deposit of E:\FR\FM\25MYN1.SGM 25MYN1 29300 Federal Register / Vol. 72, No. 101 / Friday, May 25, 2007 / Notices 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(d) and 351.221(c)(1)(i). Dated: May 21, 2007. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E7–10134 Filed 5–24–03; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration [A–201–830] Certain Carbon and Alloy Steel Wire Rod from Mexico: Notice of Partial Rescission of Antidumping Duty Administrative Review Import Administration, International Trade Administration, Department of Commerce. AGENCY: jlentini on PROD1PC65 with NOTICES Background: On October 31, 2006, petitioners, Mittal Steel USA Inc. - Georgetown, Gerdau USA Inc., Nucor Steel Connecticut Inc., Keystone Consolidated Industries, Inc., and Rocky Mountain Steel Mills (petitioners), requested that the Department of Commerce (the Department) conduct as administrative review of Siderurgica Lazaro Cardenas Las Truchas S.A. de C.V. (SICARTSA) and Hylsa Puebla S.A. de C.V. for the period of October 1, 2005, through September 30, 2006. On November 7, 2006, the Department initiated the review. See Initiation of Antidumping and Countervailing Duty Administrative Review and Requests for Revocation, 71 FR 68535 (November 27, 2006). On December 28, 2006, petitioners withdrew their request for a review of SICARTSA pursuant to section 351.213(d)(1) of the Department’s regualtions. EFFECTIVE DATE: May 25, 2007. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska or John Conniff, Office 3, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution VerDate Aug<31>2005 17:34 May 24, 2007 Jkt 211001 Avenue, NW, Washington, DC 20230; telephone: (202) 482–8362 or (202) 482– 1009, respectively. SUPPLEMENTARY INFORMATION: Scope of Order The merchandise subject to this order is certain hot–rolled products of carbon steel and alloy steel, in coils, of approximately round cross section, 5.00 mm or more, but less than 19.00 mm, in solid cross-sectional diameter. Specifically excluded are steel products possessing the above–noted physical characteristics and meeting the Harmonized Tariff Schedule of the United States (HTSUS) definitions for (a) Stainless steel; (b) tool steel; (c) high nickel steel; (d) ball bearing steel; and (e) concrete reinforcing bars and rods. Also excluded are (f) free machining steel products (i.e., products that contain by weight one or more of the following elements: 0.03 percent or more of lead, 0.05 percent or more of bismuth, 0.08 percent or more of sulfur, more than 0.04 percent of phosphorus, more than 0.05 percent of selenium, or more than 0.01 percent of tellurium). Also excluded from the scope are 1080 grade tire cord quality wire rod and 1080 grade tire bead quality wire rod. This grade 1080 tire cord quality rod is defined as: (i) Grade 1080 tire cord quality wire rod measuring 5.0 mm or more but not more than 6.0 mm in cross-sectional diameter; (ii) with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns); (iii) having no non–deformable inclusions greater than 20 microns and no deformable inclusions greater than 35 microns; (iv) having a carbon segregation per heat average of 3.0 or better using European Method NFA 04– 114; (v) having a surface quality with no surface defects of a length greater than 0.15 mm; (vi) capable of being drawn to a diameter of 0.30 mm or less with 3 or fewer breaks per ton; and (vii) containing by weight the following elements in the proportions shown: (1) 0.78 percent or more of carbon, (2) less than 0.01 percent of aluminum, (3) 0.040 percent or less, in the aggregate, of phosphorus and sulfur, (4) 0.006 percent or less of nitrogen, and (5) not more than 0.15 percent, in the aggregate, of copper, nickel and chromium. This grade 1080 tire bead quality rod is defined as: (i) Grade 1080 tire bead quality wire rod measuring 5.5 mm or more but not more than 7.0 mm in cross-sectional diameter; (ii) with an average partial decarburization of no more than 70 microns in depth (maximum individual 200 microns); (iii) having no non–deformable inclusions PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 greater than 20 microns and no deformable inclusions greater than 35 microns; (iv) having a carbon segregation per heat average of 3.0 or better using European Method NFA 04– 114; (v) having a surface quality with no surface defects of a length greater than 0.2 mm; (vi) capable of being drawn to a diameter of 0.78 mm or larger with 0.5 or fewer breaks per ton; and (vii) containing by weight the following elements in the proportions shown: (1) 0.78 percent or more of carbon, (2) less than 0.01 percent of soluble aluminum, (3) 0.040 percent or less, in the aggregate, of phosphorus and sulfur, (4) 0.008 percent or less of nitrogen, and (5) either not more than 0.15 percent, in the aggregate, of copper, nickel and chromium (if chromium is not specified), or not more than 0.10 percent in the aggregate of copper and nickel and a chromium content of 0.24 to 0.30 percent (if chromium is specified). For purposes of the grade 1080 tire cord quality wire rod and the grade 1080 tire bead quality wire rod, an inclusion will be considered to be deformable if its ratio of length (measured along the axis - that is, the direction of rolling - of the rod) over thickness (measured on the same inclusion in a direction perpendicular to the axis of the rod) is equal to or greater than three. The size of an inclusion for purposes of the 20 microns and 35 microns limitations is the measurement of the largest dimension observed on a longitudinal section measured in a direction perpendicular to the axis of the rod. This measurement methodology applies only to inclusions on certain grade 1080 tire cord quality wire rod and certain grade 1080 tire bead quality wire rod that are entered, or withdrawn from warehouse, for consumption on or after July 24, 2003. The designation of the products as ‘‘tire cord quality’’ or ‘‘tire bead quality’’ indicates the acceptability of the product for use in the production of tire cord, tire bead, or wire for use in other rubber reinforcement applications such as hose wire. These quality designations are presumed to indicate that these products are being used in tire cord, tire bead, and other rubber reinforcement applications, and such merchandise intended for the tire cord, tire bead, or other rubber reinforcement applications is not included in the scope. However, should the petitioners or other interested parties provide a reasonable basis to believe or suspect that there exists a pattern of importation of such products for other than those applications, end–use certification for the importation of such products may be required. Under such circumstances, E:\FR\FM\25MYN1.SGM 25MYN1

Agencies

[Federal Register Volume 72, Number 101 (Friday, May 25, 2007)]
[Notices]
[Pages 29299-29300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10134]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


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

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


EFFECTIVE DATE: May 25, 2007.

SUMMARY: The Department of Commerce (``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 751(a)(2)(B) of the Tariff Act of 1930, as amended 
(``Act''), and 19 CFR 351.214(d)(1), we are initiating a new shipper 
review for Shanghai Tylon Company Ltd. (``Tylon'').


FOR FURTHER INFORMATION CONTACT: Ann Fornaro 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-
3927 and (202) 482-4207, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On April 18, 2007, during the anniversary month of the antidumping 
duty order on brake rotors from the PRC, the Department received a 
request from Tylon for a new shipper review of the order, pursuant to 
section 751(a)(2)(B) of the Act and 19 CFR 351.214(c). See Notice of 
Antidumping Duty Order: Brake Rotors from the People's Republic of 
China, 62 FR 18740 (April 17, 1997).
    As required by 19 CFR 351.214(b)(2)(ii)(A) and 19 CFR 
351.214(b)(2)(iii)(A), Tylon certified that it did not export the 
subject merchandise to the United States during the period of 
investigation (``POI''), and that since the initiation of the 
investigation, the company has never been affiliated with any exporter 
or producer who exported subject merchandise to the United States 
during the POI. Pursuant to 19 CFR 351.214(b)(2)(iii)(B), Tylon further 
certified that its export activities are not controlled by the central 
government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(ii)(B), Yantai Hongda Auto 
Replacement Parts Co., Ltd. (``Yantai Hongda''), the producer of 
subject merchandise, certified that it did not export subject 
merchandise to the United States during the POI. In accordance with 19 
CFR 351.214(b)(iii)(B), Yantai Hongda further certified that since the 
investigation was initiated, it has never been affiliated with any 
exporter or producer who exported the subject merchandise to the United 
States during the POI and that its export activities are not controlled 
by the central government of the PRC.
    In accordance with 19 CFR 351.214(b)(2)(iv), Tylon 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 any subsequent shipments; 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 
Tylon's request meets the threshold requirements for initiation of a 
new shipper review. See Memorandum to the File through Wendy J. 
Frankel, Director, AD/CVD Operations, Office 8, and Blanche Ziv, 
Program Manager, AD/CVD Operations, Office 8, from the Team, entitled 
``Initiation of AD New Shipper Review: Brake Rotors from the People's 
Republic of China,'' dated, May 21, 2007. Therefore, we are initiating 
a new shipper review for shipments of brake rotors produced by Yantai 
Hongda and exported by Tylon. The Department will conduct this new 
shipper review according to the deadlines set forth in section 
751(a)(2)(B)(iv) of the Act.
    On April 26, 2007, the Department issued a supplemental 
questionnaire to Tylon, informing the company that the period of review 
(``POR'') stated in its request did not meet the requirements 
articulated in 19 CFR 351.214(g)(1)(i)(A), and requested that Tylon 
correct and resubmit its new shipper review request with the 
appropriate POR within the time frame set forth in 19 CFR 351.214(d). 
On April 27, 2007, in response to the Department's request, Tylon 
resubmitted its new shipper review request with the appropriate POR. 
Pursuant to 19 CFR 351.214(g)(1)(i)(A), the POR for a new shipper 
review initiated in the month immediately following the anniversary 
month normally will cover the 12-month period immediately preceding the 
anniversary month. Therefore, the POR for this new shipper review will 
be April 1, 2006, through March 31, 2007.
    In cases involving non-market economies, the Department requires 
that a company seeking to establish eligibility for an antidumping duty 
rate separate from the PRC-wide entity 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 Tylon, 
including a separate-rate section. The review will proceed if the 
responses provide sufficient indication that Tylon is not subject to 
either de jure or de facto government control with respect to its 
exports of brake rotors. However, if Tylon 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 Tylon 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 by Tylon and produced by Yantai Hongda must continue to post a 
cash deposit of

[[Page 29300]]

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(d) and 351.221(c)(1)(i).

    Dated: May 21, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration.
[FR Doc. E7-10134 Filed 5-24-03; 8:45 am]
BILLING CODE 3510-DS-S