Brake Rotors From the People's Republic of China: Final Results of Antidumping Duty Administrative and New Shipper Reviews and Partial Rescission of the 2005-2006 Administrative Review, 42386-42390 [E7-15037]
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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices
Department must suspend liquidation
until there is a ‘‘conclusive’’ decision in
the action. Id. Therefore, the
Department must suspend liquidation
pending the expiration of the period to
appeal the CIT’s June 29, 2007, decision
or, if appealed, pending a final and
conclusive court decision.
Because entries of ball bearings and
parts thereof from Germany produced
and exported to the United States by
Paul Mueller are currently being
suspended pursuant to the court’s
injunction order in effect, the
Department does not need to order U.S.
Customs and Border Protection to
suspend liquidation of affected entries.
The Department will not order the
lifting of the suspension of liquidation
on entries of ball bearings and parts
thereof made during the review period
before a court decision in this lawsuit
becomes final and conclusive.
We are issuing and publishing this
notice in accordance with section
516A(c)(1) of the Tariff Act of 1930, as
amended.
Dated: July 24, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
[FR Doc. E7–15031 Filed 8–1–07; 8:45 am]
BILLING CODE 3510–DS–DS
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–846]
Brake Rotors From the People’s
Republic of China: Final Results of
Antidumping Duty Administrative and
New Shipper Reviews and Partial
Rescission of the 2005–2006
Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On February 15, 2007, the
Department of Commerce
(‘‘Department’’) published Brake Rotors
From the People’s Republic of China:
Preliminary Results of the 2005 2006
Administrative and New Shipper
Reviews and Partial Rescission of the
2005 2006 Administrative Review, 72 FR
7405 (February 15, 2007) (‘‘Preliminary
Results’’). The period of review (‘‘POR’’)
is April 1, 2005, through March 31,
2006. The administrative review covers
three mandatory respondents and 12
separate–rate respondents. The new
shipper review covers one new shipper.
We invited interested parties to
comment on our Preliminary Results.
Based on our analysis of the comments
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AGENCY:
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18:46 Aug 01, 2007
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received, we made certain changes to
our calculations. The final dumping
margins for the administrative and new
shipper reviews are listed in the ‘‘Final
Results of the Reviews’’ section, below.
EFFECTIVE DATE: August 2, 2007.
FOR FURTHER INFORMATION CONTACT:
Jennifer Moats for Longkou Haimeng
Machinery Co., Ltd. and Qingdao
Golrich Autoparts Co., Ltd., or Frances
Veith for Yantai Winhere Auto–Part
Manufacturing Co., Ltd. and Qingdao
Meita Automotive, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington,
DC 20230; telephone: 202–482–5047
and 202–482–4295, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2007, the Department
published the Preliminary Results of the
administrative and new shipper reviews
of the antidumping duty order on brake
rotors from the People’s Republic of
China (‘‘PRC’’).
On March 6, 2007, the Department
issued a letter to all interested parties
granting a 28-day extension of time to
submit publicly available information to
value the factors of production for the
final results of these reviews and
postponed the briefing schedule
pending the Department’s release of the
Shandong Huanri Group General Co.,
Laizhou Huanri Automobile Parts Co.,
Ltd, and Shandong Huanri Group Co.,
Ltd. (collectively, ‘‘Huanri’’) verification
report.
From March 20 through March 22,
2007, the Department conducted a
verification of Huanri and released its
verification report of Huanri on May 4,
2007.1 On May 9, 2007, the Department
issued a memorandum stating that it
would revise the surrogate value for
steel strap to include Indian import data
from Ukraine for February and March
2006 for the final results.2 See
1 See
Memorandum from Eugene Degnan, Senior
International Trade Compliance Analyst, AD/CVD
Operations, Office 8, and Paul Stolz, International
Trade Compliance Analyst, AD/CVD Operations,
Office 8, through Robert Bolling, Program Manager,
AD/CVD Operations, Office 8 and Wendy J. Frankel,
Director, AD/CVD Operations, Office 8, to the File
entitled, ‘‘Antidumping Duty Administrative
Review of Brake Rotors from the People’s Republic
of China: Verification of Section A and Quantity
and Value Response of Shandong Huanri Group
Co., Ltd., Laizhou Huanri Automobile Parts Co.,
Ltd., and Shandong Huanri Group General Co.,’’
dated May 4, 2007 (‘‘Huanri Verification Report’’).
2 See Memorandum from Ann Fornaro,
International Trade Compliance Analyst, to the File
entitled, ‘‘2005-2006 Antidumping Duty
Administrative and New Shipper Reviews of Brake
Rotors from the People’s Republic of China Surrogate Value Change for Final Results,’’ dated
May 9, 2007 (‘‘Surrogate Value Change Memo’’).
PO 00000
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‘‘Surrogate Value’’ section below. On
May 10, 2007, the Department revised
the deadline for submission of case and
rebuttal briefs to May 21 and May 29,
2007, respectively. On May 15, 2007, in
response to a request filed by the
Coalition for the Preservation of
American Brake Drum and Rotor
Aftermarket Manufacturers (‘‘the
petitioner’’), the Department extended
the deadline for submission of rebuttal
briefs until June 5, 2007. On May 21,
2007, the Department received case
briefs from Laizhou Auto Brake
Equipment Company (‘‘LABEC’’), Yantai
Winhere Auto–Part Manufacturing Co.,
Ltd. (‘‘Winhere’’), Longkou Haimeng
Machinery Co., Ltd. (‘‘Haimeng’’),
Laizhou Luqi Machinery Co., Ltd.
(‘‘Luqi’’), Laizhou Hongda Auto
Replacement Co., Ltd. (‘‘Hongda’’),
Qindgdao Meita Automotive Industry
Co., Ltd. (‘‘Meita’’) (collectively, ‘‘the
Trade Pacific respondents’’), and the
petitioner. On May 21, 2007, the
Department placed the supporting
documentation regarding the
Department’s calculation of the
surrogate wage rate used in respondents’
margin calculations on the record of
these reviews.3 On June 5, 2007, we
received rebuttal briefs from the
petitioner and the Trade Pacific
respondents.
On June 11, 2007, the Department
published a notice extending the time
limit for the completion of the final
results of these reviews until July 31,
2007. See Brake Rotors from the
People’s Republic of China: Extension of
Time Limit for the Final Results of the
2005–2006 Administrative and New
Shipper Reviews, 72 FR 32071 (June 11,
2007).
We conducted these reviews in
accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as
amended (‘‘the Act’’), and sections 19
CFR 351.213 and 19 CFR 351.221 of the
agency’s regulations.
Period of Review
The POR is April 1, 2005, through
March 31, 2006.
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
3 See Memorandum from Ann Fornaro,
International Trade Compliance Analyst, to the File
entitled, ‘‘2005-2006 Antidumping Duty
Administrative Review of Brake Rotors from the
People’s Republic of China - Expected Wages of
Selected Non-Market Economy Countries,’’ dated
May 21, 2007.
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mstockstill on PROD1PC66 with NOTICES
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).4
Brake rotors are currently classifiable
under subheadings 8708.39.5010,
8708.39.5030, and 8708.30.5030 of the
Harmonized Tariff Schedule of the
United States (‘‘HTSUS’’).5 Although
the HTSUS subheadings are provided
for convenience and customs purposes,
4 On January 17, 2007, the Department
determined the brake rotors produced by FederalMogul and certified by the Ford Motor Company to
be excluded from the scope of the order. See
Memorandum from Blanche Ziv, Program Manager,
AD/CVD Operations, Office 8, through Wendy J.
Frankel, Office Director, AD/CVD Operations,
Office 8, to Stephen J. Claeys, Deputy Assistant
Secretary for Import Administration, entitled,
‘‘Scope Ruling of the Antidumping Duty Order on
Brake Rotors from the People’s Republic of China;
Federal-Mogul Corporation,’’ dated January 17,
2007.
5 As of January 1, 2005, the HTS classification for
brake rotors (discs) changed from 8708.39.5010 to
8708.39.5030. As of January 1, 2007, the HTS
classification for brake rotors (discs) changed from
8708.39.5030 to 8708.30.5030. See Harmonized
Tariff Schedule of the United States (2005),
available at <www.usitc.gov>. See also
Memorandum from Ann Fornaro, International
Trade Compliance Analyst, through Blanche Ziv,
Program Manager, to the File entitled, ‘‘Brake
Rotors from the People’s Republic of China: Change
in HTS Code for Subject Merchandise,’’ dated
February 6, 2007.
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17:42 Aug 01, 2007
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the written description of the scope of
this order is dispositive.
Analysis of Comments Received
All issues raised in the case and
rebuttal briefs filed by parties in these
reviews are addressed in the
Memorandum from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, ‘‘Issues and Decision
Memorandum for the 2005–2006
Administrative and New Shipper
Reviews of Brake Rotors From the
People’s Republic of China,’’ dated July
27, 2007 (‘‘Issues and Decision Memo’’),
which is hereby adopted by this notice.
A list of the issues that parties raised
and to which we responded in the
Issues and Decision Memo follows as an
appendix to this notice. The Issues and
Decision Memo is a public document
which is on file in the Central Records
Unit (‘‘CRU’’) in room B–099 of the
main Department building, and is also
accessible on the Web at <https://
ia.ita.doc.gov/frn/>. The paper copy and
electronic version of the Issues and
Decision Memo are identical in content.
Verification
In the Preliminary Results, we stated
that we intended to verify the
information reported to the Department
by Huanri in its separate–rate
application.6 From March 20 through
March 22, 2007, the Department
conducted a verification of Huanri at
Huanri’s headquarters in Panjia Village,
Laizhou, China. We used standard
verification procedures, including on–
site inspection of the company’s
facilities and examination of relevant
sales and financial records to verify
Section A, and quantity and value
information submitted by Huanri on the
record of the administrative review. The
Department issued the results of the
verification on May 4, 2007. For further
details on the verification, see the
Huanri Verification Report.
Partial Rescission of Administrative
Review
In the Preliminary Results, the
Department issued a notice of intent to
rescind the administrative review with
respect to Hongfa Machinery (Dalian)
Co., Ltd. (‘‘Hongfa’’), Laizhou Wally
Automobile Co., Ltd. (‘‘Wally’’),
Xianghe Xumingyuan Auto Parts Co.
(‘‘Xumingyuan’’), China National
Automotive Industry Import & Export
Corporation (‘‘CAIEC’’), Shandong
Laizhou CAPCO Industry (‘‘CAPCO’’),
Laizhou Luyuan Automobile Fittings
6 See
PO 00000
Preliminary Results, 72 FR at 7408.
Frm 00018
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42387
Co. (‘‘Luyuan’’), and Shenyang Honbase
Machinery Co., Ltd. (‘‘Honbase’’), in
accordance with 19 CFR 351.213(d)(3),
because we found no evidence that any
of these companies made shipments of
subject merchandise to the United
States during the POR. See Preliminary
Results, 72 FR at 7409. The Department
received no comments on this issue, and
we did not receive any further
information since the issuance of the
Preliminary Results that provides a basis
for reconsideration of this
determination. Therefore, the
Department is rescinding this
administrative review with respect to
Hongfa, Wally, Xumingyuan, CAIEC,
CAPCO, Luyuan, and Honbase.
Separate Rates
In our Preliminary Results, we
determined that Qingdao Rotec Auto
Parts Co., Ltd. (‘‘Rotec’’) and Xiangfen
Hengtai Brake System Co., Ltd.
(‘‘Hengtai’’) did not qualify for a
separate rate and, therefore, are deemed
to be included in the PRC–wide entity,
and subject to the PRC–wide rate. See
Preliminary Results, 72 FR at 7410. The
Department received no comments on
this issue, and we did not receive any
further information since the issuance of
the Preliminary Results that provides a
basis for reconsideration of these
determinations for the final results. We
also determined that the three
mandatory (i.e., Haimeng, Meita, and
Winhere) and 12 separate–rate
respondents (i.e., non–selected
respondents)7 met the criteria for the
assignment of a separate rate. Based on
the results of Huanri’s verification and
the Department’s careful consideration
of comments placed on the record by
parties, we have determined that Huanri
is eligible for a separate rate in the final
results of the administrative review. See
Issues and Decision Memo at Comment
11.
The PRC–Wide Rate and Use of Facts
Otherwise Available
In the Preliminary Results, we
determined that the PRC–wide entity
(including Hengtai and Rotec) received
copies of the Department’s
questionnaire but did not respond and,
therefore, failed to cooperate to the best
of their ability in the administrative
7 The non-selected respondents are as follows:
China National Industrial Machinery Import &
Export Corporation (‘‘CNIM’’), LABEC, Qingdao
Gren Co. (‘‘Gren’’), Zibo Luzhou Automobile Parts
Co., Ltd. (‘‘ZLAP’’), Hongda, Longkou TLC
Machinery Co., Ltd. (‘‘Longkou TLC’’), Zibo Golden
Harvest Machinery Limited Company (‘‘ZGOLD’’),
Luqi, Shenyang Yinghao Machinery Co., Longkou
Jinzheng Machinery Co. (‘‘Jinzheng’’), Shanxi
Zhongding Auto Parts Co., Ltd. (‘‘SZAP’’), and
Huanri.
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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices
review. See Preliminary Results, 72 FR
at 7410–12. Accordingly, we determined
that the use of facts otherwise available
in reaching our determination is
appropriate pursuant to sections
776(a)(2)(A) and (B) of the Act, and that
the use of an adverse inference in
selecting from the facts available is
appropriate pursuant to section 776(b)
of the Act. See Preliminary Results, 72
FR at 7410. In accordance with section
776(b)(1) of the Act, as adverse facts
available, we assigned to the PRC–entity
(including Hengtai and Rotec) the PRC–
wide rate of 43.32 percent. For detailed
information on the Department’s
corroboration of this rate, see
Preliminary Results, 72 FR at 7411, and
Memorandum from Ann Fornaro,
International Trade Analyst, through
Blanche Ziv, Program Manager, AD/
CVD Enforcement Office 8, and Wendy
J. Frankel, Office Director, AD/CVD
Enforcement Office 8, to the File,
entitled, ‘‘Corroboration of the PRC–
Wide Adverse Facts–Available Rate,’’
dated February 9, 2007.
Changes Since the Preliminary Results
Based on our analysis of comments
received from interested parties and
information on the record of these
reviews, we made changes to the margin
calculations as noted below.
For the final results, we have
corrected the calculation of freight
values for Golrich’s carton and steel
buckle inputs by multiplying the
distance from the domestic supplier to
the factory by the surrogate value for
truck freight, instead of adding those
two values. For further details, see the
Issues and Decision Memo at Comment
13, and Memorandum from Ann
Fornaro, International Trade Analyst,
through Blanche Ziv, Program Manager,
AD/CVD Operations Office 8, to the
File, entitled, ‘‘Analysis for the Final
Results of the 2005–2006 New Shipper
Review of the Antidumping Duty Order
on Brake Rotors from the People’s
Republic of China: Qingdao Golrich
Autoparts Co., Ltd.,’’ dated July 27, 2007
(‘‘Golrich Analysis Memo’’).
For further details on company–
specific calculations, see the company–
specific analysis memoranda.8
We have made certain changes to the
financial ratio calculations for the final
results. For further details, see the
Issues and Decision Memo at Comment
3.
We determined that we inadvertently
excluded Ukraine import data for
February and March 2006 in the
calculation of the surrogate value for
steel strap in the Preliminary Results.
Therefore, we recalculated the surrogate
value for steel strap to include the
Ukraine data for those two months for
the final results.9 For further
information on the calculation of this
value, see Memorandum from Ann
Fornaro, Trade Compliance Analyst,
through Blanche Ziv, Program Manager,
AD/CVD Operations Office 8, to the File
entitled, ‘‘2005–2006 Administration
and New Shipper Reviews of the
Antidumping Duty Order of Brake
Rotors from the People’s Republic of
China Surrogate Values for the Final
Results,’’ dated July 27, 2007 (‘‘Final
Surrogate Value Memo’’).
We have also made changes to the
surrogate values for cartons. For further
details, see the Issues and Decision
Memo at Comment 9 and Final
Surrogate Value Memo.
Final Results of the Reviews
We determine that the following final
dumping margins exist for the period
April 1, 2005, through March 31, 2006:
Weighted–Average Percent
Margin
Individually Reviewed Exporters 2005–2006 Administrative Review
Longkou Haimeng Machinery Co., Ltd. ...................................................................................................................
Yantai Winhere Auto–Part Manufacturing Co., Ltd. ................................................................................................
Qingdao Meita Automotive Industry Co., Ltd. .........................................................................................................
Weighted–Average Percent
Margin
Separate–Rate Applicant Exporters 2005–2006 Administrative Review
China National Industrial Machinery I & E Co.10 ....................................................................................................
Laizhou Auto Brake Equipment Co., Ltd. ................................................................................................................
Qingdao Gren (Group) Co.11 ...................................................................................................................................
Zibo Luzhou Automobile Parts Co., Ltd. .................................................................................................................
Laizhou Hongda Auto Replacement Parts Co., Ltd. ...............................................................................................
Longkou TLC Machinery Co., Ltd. ..........................................................................................................................
Zibo Golden Harvest Machinery Limited Company ................................................................................................
Laizhou City Luqi Machinery Co., Ltd. ....................................................................................................................
Shenyang Yinghao Machinery Co. ..........................................................................................................................
Longkou Jinzheng Machinery Co., Ltd. ...................................................................................................................
Shanxi Zhongding Auto Parts Co., Ltd. ...................................................................................................................
Shandong Huanri Group Co., Ltd. ...........................................................................................................................
10 This
11 This
4.22
4.22
4.22
4.22
4.22
4.22
4.22
4.22
4.22
4.22
4.22
4.22
company is also known as China National Industrial Machinery Import & Export Corporation.
company is also known as Qingdao Gren Co. and Gren Group (Qingdao) Co.
Weighted–Average Percent
Margin
2005–2006 New Shipper Review
Qingdao Golrich Autoparts Co., Ltd. .......................................................................................................................
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4.22
0.03 (de minimis)
0.00
8 Memorandum from Jennifer Moats, Senior
International Trade Analyst, through Blanche Ziv,
Program Manager, AD/CVD Operations Office 8, to
the File, entitled, ‘‘Analysis for the Final Results of
the 2005-2006 Administrative Review of the
Antidumping Duty Order on Brake Rotors from the
People’s Republic of China: Longkou Haimeng
Machinery Co., Ltd.,’’ dated July 27, 2007;
Memorandum from Frances Veith, International
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17:42 Aug 01, 2007
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Trade Compliance Analyst, through Blanche Ziv,
Program Manager, AD/CVD Operations Office 8, to
the File, entitled, ‘‘Analysis for the Final Results of
the 2005-2006 Antidumping Duty Administrative
Review of Brake Rotors from the People’s Republic
of China: Qingdao Meita Automotive Industry Co.,
Ltd.,’’ dated July 27, 2007; Memorandum from
Frances Veith, International Trade Compliance
Analyst, through Blanche Ziv, Program Manager,
PO 00000
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Fmt 4703
Sfmt 4703
0.00
AD/CVD Operations Office 8, to the File, entitled,
‘‘Analysis for the Final Results of the 2005-2006
Antidumping Duty Administrative Review of Brake
Rotors from the People’s Republic of China: Yantai
Winhere Auto-Part Manufacturing Co., Ltd.,’’ dated
July 27, 2007; and the Golrich Analysis Memo.
9 See Surrogate Value Change Memo.
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PRC–Wide Rate
Margin (Percent)
PRC–Wide Rate* .....................................................................................................................................................
43.32
* This includes Rotec and Hengtai.
The Department will disclose
calculations performed for the final
results to the parties within five days of
the date of publication of this notice in
accordance with 19 CFR 351.224(b).
mstockstill on PROD1PC66 with NOTICES
Assessment Rates
The Department has determined, and
U.S. Customs and Border Protection
(‘‘CBP’’) shall assess, antidumping
duties on all appropriate entries covered
by these reviews. The Department
intends to issue assessment instructions
to CBP 15 days after the publication
date of the final results of the reviews.
In accordance with 19 CFR
351.212(b)(1), for Winhere, Meita,
Haimeng, and Golrich, we calculated an
exporter/importer (or customer)-specific
assessment rate for the merchandise
subject to these reviews. Where the
respondent has reported reliable entered
values, we calculated importer (or
customer)-specific ad valorem rates by
aggregating the dumping margins
calculated for all U.S. sales to each
importer (or customer) and dividing this
amount by the total entered value of the
sales to each importer (or customer). See
19 CFR 351.212(b)(1). Where an
importer (or customer)-specific ad
valorem rate is greater than de minimis,
we will apply the assessment rate to the
entered value of the importer’s/
customer’s entries during the review
period. See 19 CFR 351.212(b)(1). Where
we do not have entered values for all
U.S. sales, we calculated a per–unit
assessment rate by aggregating the
antidumping duties due for all U.S.
sales to each importer (or customer) and
dividing this amount by the total
quantity sold to that importer (or
customer). See 19 CFR 351.212(b)(1). To
determine whether the duty assessment
rates are de minimis, in accordance with
the requirement set forth in 19 CFR
351.106(c)(2), we calculated importer
(or customer)-specific ad valorem ratios
based on the estimated entered value.
Where an importer (or customer)specific ad valorem rate is zero or de
minimis, we will instruct CBP to
liquidate appropriate entries without
regard to antidumping duties. See 19
CFR 351.106(c)(2).
For the companies receiving a
separate rate that were not selected for
individual review (i.e., CNIM, LABEC,
Gren, ZLAP, Hongda, Longkou TLC,
ZGOLD, Luqi, Shenyang Yinghao
Machinery Co., Jinzheng, SZAP, and
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17:42 Aug 01, 2007
Jkt 211001
Huanri), we will calculate an
assessment rate based on the weighted
average of the cash deposit rates
calculated for the companies selected
for individual review excluding any that
are zero, de minimis, or based entirely
on AFA pursuant to section 735(c)(5)(B)
of the Act.
Cash–Deposit Requirements
The following cash deposit rates will
be effective upon publication of this
notice of final results for all shipments
of subject merchandise from Golrich
entered or withdrawn from warehouse,
for consumption on or after publication
date: (1) zero cash deposit will be
required for subject merchandise
manufactured and exported by
Golrich;12 and (2) for subject
merchandise exported by Golrich but
not manufactured by Golrich, the cash
deposit rate will be the PRC–wide rate
of 43.32 percent.
The following cash deposit
requirements will be effective upon
publication of this notice of final results
for all shipments of brake rotors from
the PRC entered, or withdrawn from
warehouse, for consumption on or after
the publication date, as provided by
section 751(a)(1) of the Act: (1) the cash
deposit rates for CNIM, LABEC, GREN,
Winhere, Haimeng, ZLAP, Hongda,
Meita, TLC, ZGOLD, Luqi Yinghao,
Longkou Jinzheng, Zhongding and
Huanri will be the company–specific
rate indicated above (except that if a rate
is de minimis, i.e., less than 0.50
percent, zero cash deposit will be
required); (2) the cash deposit rate for
previously investigated or reviewed PRC
and non–PRC exporters who received a
separate rate in a prior segment of the
proceeding (which were not reviewed in
this segment of the proceeding) will
continue to be the rate assigned in that
segment of the proceeding; (3) the cash
deposit rate for all PRC exporters of
subject merchandise that have not been
found to be entitled to a separate rate
12 Due to an inadvertent typographical error, we
incorrectly stated Golrich’s cash deposit rate as
‘‘2.15 percent’’ instead of 0.78 percent in the
Preliminary Results. See Preliminary Results, 72 FR
at 7416. See also the Memorandum from Ann
Fornaro, Trade Compliance Analyst through
Blanche Ziv, Program Manager, AD/CVD
Operations, Office 8, and Wendy J. Frankel, Office
Director, AD/CVD Operations, Office 8, to the File,
entitled, ‘‘2005-2006 Antidumping Duty
Administrative and New Shipper Reviews of Brake
Rotors from the People’s Republic of China
(‘‘PRC’’),’’ dated February 13, 2007.
PO 00000
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Fmt 4703
Sfmt 4703
(including Rotec and Hengtai) will be
the PRC–wide rate of 43.32 percent; and
(4) the cash deposit rate for all non–PRC
exporters of subject merchandise which
have not received their own rate will be
the rate applicable to the PRC exporter
that supplied that non–PRC exporter.
These requirements shall remain in
effect until further notice.
Notification to Interested Parties
This notice serves as a final reminder
to importers of their responsibility
under 19 CFR 351.402(f)(2) to file a
certificate regarding the reimbursement
of antidumping duties prior to
liquidation of the relevant entries
during this review period. Pursuant to
19 CFR 351.402(f)(3), 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.
This notice also serves as a reminder
to parties subject to administrative
protective order (‘‘APO’’) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO, in accordance
with 19 CFR 351.305 and as explained
in the APO itself. 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 the terms of an APO is a
sanctionable violation.
This notice of final results of the
administrative and new shipper reviews
is issued and published in accordance
with sections 751(a)(1) and 777(i)(1) of
the Act.
Dated: July 27, 2007.
David M. Spooner,
Assistant Secretary for Import
Administration.
Appendix
List of Comments and Issues in the
Issues and Decisions Memorandum
Comment 1 Valuation of Pig Iron
Comment 2 Selection of Financial
Statements
Comment 3 Financial Ratios:
Calculation of Factory Overhead,
Selling, General, and Administrative
Expenses and Profit
Comment 4 Revocation Eligibility of
Non–selected Respondents
Comment 5 Cash Deposit Rates of Non–
selected Respondents
E:\FR\FM\02AUN1.SGM
02AUN1
42390
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices
Comment 6 Voluntary Responses of
Non–selected Respondents
Comment 7 Incorporation of Zeroing for
Mandatory Respondents
Comment 8 Incorporation of Zeroing for
Non–selected Respondents
Comment 9 Valuation of Cartons
Comment 10 Rescission of Review:
Shanxi Zhongding
Comment 11 Separate Rate: Huanri
Group
Comment 12 Respondent Selection
Methodology
Comment 13 Clerical Error Freight
Expenses for Golrich’s Buckles and
Cartons
Comment 14 Clerical Error Valuation of
Steel Strap
[FR Doc. E7–15037 Filed 8–1–07; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–831]
Fresh Garlic From the People’s
Republic of China: Extension of Time
Limit for the Preliminary Results of the
12th Administrative Review
Import Administration,
International Trade Administration,
Department of Commerce
DATES: Effective Date: August 2, 2007,
FOR FURTHER INFORMATION CONTACT: Julia
Hancock or Matthew Renkey, 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) 482–1394 and (202)
482–2312, respectively.
AGENCY:
mstockstill on PROD1PC66 with NOTICES
Background
Extension of Time Limit for the
Preliminary Results
The Department determines that
completion of the preliminary results of
this review within the statutory time
period is not practicable, given the
extraordinarily complicated nature of
the proceeding. The 12th administrative
review covers 19 companies (three
mandatory respondents and 16 separate
rate respondents), requiring the
Department to gather and analyze a
significant amount of information
pertaining to each company’s corporate
structure and ownership, sales
practices, and manufacturing methods.
The Department requires more time
within which to complete its analysis.
Furthermore, this review involves the
extraordinarily complicated
intermediate input methodology issue.
Lastly, the Department requires
additional time to analyze the
questionnaire responses and to issue
supplemental questionnaires.
Therefore, given the number and
complexity of issues in this case, and in
accordance with section 751(a)(3)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’), we are extending the time period
for issuing the preliminary results of
review by 120 days until November 30,
2007. The final results continue to be
due 120 days after the publication of the
preliminary results.
This notice is published pursuant to
section 751(a)(3)(A) of the Act and 19
CFR 351.213(h)(2).
Dated: July 23, 2007.
Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. E7–14919 Filed 8–1–07; 8:45 am]
BILLING CODE 3510–DS–P
On December 27, 2006, the
Department of Commerce
(‘‘Department’’) published a notice of
initiation of an administrative review of
fresh garlic from the People’s Republic
of China (‘‘PRC’’), covering the period
November 1, 2005, through October 31,
2006. See Notice of Initiation of
Antidumping and Countervailing Duty
Administrative Reviews and Requests
for Revocation in Part, 71 FR 77720
(December 27, 2006). On April 11, 2007,
after receiving quantity and value and
separate rate responses, the Department
selected the mandatory respondents for
this review. Between May 14, 2007, and
June 11, 2007, the Department received
the initial section A, C and D
questionnaire responses from the
mandatory respondents. The
preliminary results of this
VerDate Aug<31>2005
administrative review are currently due
on August 2, 2007.
17:42 Aug 01, 2007
Jkt 211001
DEPARTMENT OF COMMERCE
International Trade Administration
[A–549–812]
Furfuryl Alcohol from Thailand:
Preliminary Results of the 2005–2006
Antidumping Duty Administrative
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of
Commence is conducting an
administrative review of the
antidumping duty order on furfuryl
alcohol from Thailand. The period of
review is July 1, 2005, through May 3,
2006. This review covers imports of
AGENCY:
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
furfuryl alcohol from one producer/
exporter.
We preliminarily determine that sales
of subject merchandise have not been
made at less than normal value. If these
preliminary results are adopted in our
final results, we will instruct U.S.
Customs and Border Protection to
liquidate entries of furfuryl alcohol from
Indorama Chemicals (Thailand) Ltd.
without regard to antidumping duties.
We invite interested parties to comment
on these preliminary results. We will
issue the final results not later than 120
days from the date of publication of this
notice.
DATES: Effective Date: August 2, 2007.
FOR FURTHER INFORMATION CONTACT:
Damian Felton or Brandon Farlander,
Import Administration, International
Trade Administration, U.S. Department
of Commerce, 14th Street and
Constitution Avenue, NW., Washington,
DC 20230; telephone: (202) 482–0133
and (202) 482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On July 25, 1995, the Department
published an antidumping duty order
on furfuryl alcohol from Thailand. See
Furfuryl Alcohol from Thailand: Notice
of Amended Final Antidumping Duty
Determinant and Order, 60 FR 38035
(July 25, 1995). On July 3, 2006, the
Department published its Antidumping
or Countervailing Duty Order, Finding,
or Suspended Investigation;
Opportunity to Request Administrative
Review, 71 FR 37890 (July 3, 2006). On
July 28, 2006, Penn Specialty
Chemicals, Inc. (‘‘petitioner’’) requested
that the Department conduct an
administrative review of Indorama
Chemicals (Thailand), Ltd. (‘‘IRCT’’), a
producer and exporter of furfuryl
alcohol from Thailand. In accordance
with 19 CFR 351.221(b)(1), we
published a notice of initiation of this
antidumping duty administrative review
on August 30, 2006. See Notice of
Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 71 FR 51573 (August 30, 2006)
(‘‘Furfuryl Alcohol Initiation’’).
An antidumping duty questionnaire
was sent to IRCT on September 6, 2006.
We received timely responses to the
questionnaire from IRCT on September
27, 2006, and October 27, 2006. On
April 3, 2007, in accordance with
section 751(a)(3)(A) of the Tariff Act of
1930, as amended (‘‘the Act’’), we
published a notice extending the time
limit for the completion of the
preliminary results in this case by 120
days (i.e., until no later than July 31,
2007). See Furfuryl Alcohol from
E:\FR\FM\02AUN1.SGM
02AUN1
]]>Agencies
[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Notices]
[Pages 42386-42390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-15037]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Final Results
of Antidumping Duty Administrative and New Shipper Reviews and Partial
Rescission of the 2005-2006 Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On February 15, 2007, the Department of Commerce
(``Department'') published Brake Rotors From the People's Republic of
China: Preliminary Results of the 2005 2006 Administrative and New
Shipper Reviews and Partial Rescission of the 2005 2006 Administrative
Review, 72 FR 7405 (February 15, 2007) (``Preliminary Results''). The
period of review (``POR'') is April 1, 2005, through March 31, 2006.
The administrative review covers three mandatory respondents and 12
separate-rate respondents. The new shipper review covers one new
shipper.
We invited interested parties to comment on our Preliminary
Results. Based on our analysis of the comments received, we made
certain changes to our calculations. The final dumping margins for the
administrative and new shipper reviews are listed in the ``Final
Results of the Reviews'' section, below.
EFFECTIVE DATE: August 2, 2007.
FOR FURTHER INFORMATION CONTACT: Jennifer Moats for Longkou Haimeng
Machinery Co., Ltd. and Qingdao Golrich Autoparts Co., Ltd., or Frances
Veith for Yantai Winhere Auto-Part Manufacturing Co., Ltd. and Qingdao
Meita Automotive, AD/CVD Operations, Office 8, Import Administration,
International Trade Administration, U.S. Department of Commerce, 1401
Constitution Avenue, NW, Washington, DC 20230; telephone: 202-482-5047
and 202-482-4295, respectively.
SUPPLEMENTARY INFORMATION:
Background
On February 15, 2007, the Department published the Preliminary
Results of the administrative and new shipper reviews of the
antidumping duty order on brake rotors from the People's Republic of
China (``PRC'').
On March 6, 2007, the Department issued a letter to all interested
parties granting a 28-day extension of time to submit publicly
available information to value the factors of production for the final
results of these reviews and postponed the briefing schedule pending
the Department's release of the Shandong Huanri Group General Co.,
Laizhou Huanri Automobile Parts Co., Ltd, and Shandong Huanri Group
Co., Ltd. (collectively, ``Huanri'') verification report.
From March 20 through March 22, 2007, the Department conducted a
verification of Huanri and released its verification report of Huanri
on May 4, 2007.\1\ On May 9, 2007, the Department issued a memorandum
stating that it would revise the surrogate value for steel strap to
include Indian import data from Ukraine for February and March 2006 for
the final results.\2\ See ``Surrogate Value'' section below. On May 10,
2007, the Department revised the deadline for submission of case and
rebuttal briefs to May 21 and May 29, 2007, respectively. On May 15,
2007, in response to a request filed by the Coalition for the
Preservation of American Brake Drum and Rotor Aftermarket Manufacturers
(``the petitioner''), the Department extended the deadline for
submission of rebuttal briefs until June 5, 2007. On May 21, 2007, the
Department received case briefs from Laizhou Auto Brake Equipment
Company (``LABEC''), Yantai Winhere Auto-Part Manufacturing Co., Ltd.
(``Winhere''), Longkou Haimeng Machinery Co., Ltd. (``Haimeng''),
Laizhou Luqi Machinery Co., Ltd. (``Luqi''), Laizhou Hongda Auto
Replacement Co., Ltd. (``Hongda''), Qindgdao Meita Automotive Industry
Co., Ltd. (``Meita'') (collectively, ``the Trade Pacific
respondents''), and the petitioner. On May 21, 2007, the Department
placed the supporting documentation regarding the Department's
calculation of the surrogate wage rate used in respondents' margin
calculations on the record of these reviews.\3\ On June 5, 2007, we
received rebuttal briefs from the petitioner and the Trade Pacific
respondents.
---------------------------------------------------------------------------
\1\ See Memorandum from Eugene Degnan, Senior International
Trade Compliance Analyst, AD/CVD Operations, Office 8, and Paul
Stolz, International Trade Compliance Analyst, AD/CVD Operations,
Office 8, through Robert Bolling, Program Manager, AD/CVD
Operations, Office 8 and Wendy J. Frankel, Director, AD/CVD
Operations, Office 8, to the File entitled, ``Antidumping Duty
Administrative Review of Brake Rotors from the People's Republic of
China: Verification of Section A and Quantity and Value Response of
Shandong Huanri Group Co., Ltd., Laizhou Huanri Automobile Parts
Co., Ltd., and Shandong Huanri Group General Co.,'' dated May 4,
2007 (``Huanri Verification Report'').
\2\ See Memorandum from Ann Fornaro, International Trade
Compliance Analyst, to the File entitled, ``2005-2006 Antidumping
Duty Administrative and New Shipper Reviews of Brake Rotors from the
People's Republic of China - Surrogate Value Change for Final
Results,'' dated May 9, 2007 (``Surrogate Value Change Memo'').
\3\ See Memorandum from Ann Fornaro, International Trade
Compliance Analyst, to the File entitled, ``2005-2006 Antidumping
Duty Administrative Review of Brake Rotors from the People's
Republic of China - Expected Wages of Selected Non-Market Economy
Countries,'' dated May 21, 2007.
---------------------------------------------------------------------------
On June 11, 2007, the Department published a notice extending the
time limit for the completion of the final results of these reviews
until July 31, 2007. See Brake Rotors from the People's Republic of
China: Extension of Time Limit for the Final Results of the 2005-2006
Administrative and New Shipper Reviews, 72 FR 32071 (June 11, 2007).
We conducted these reviews in accordance with sections 751 and
777(i)(1) of the Tariff Act of 1930, as amended (``the Act''), and
sections 19 CFR 351.213 and 19 CFR 351.221 of the agency's regulations.
Period of Review
The POR is April 1, 2005, through March 31, 2006.
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
[[Page 42387]]
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).\4\
---------------------------------------------------------------------------
\4\ On January 17, 2007, the Department determined the brake
rotors produced by Federal-Mogul and certified by the Ford Motor
Company to be excluded from the scope of the order. See Memorandum
from Blanche Ziv, Program Manager, AD/CVD Operations, Office 8,
through Wendy J. Frankel, Office Director, AD/CVD Operations, Office
8, to Stephen J. Claeys, Deputy Assistant Secretary for Import
Administration, entitled, ``Scope Ruling of the Antidumping Duty
Order on Brake Rotors from the People's Republic of China; Federal-
Mogul Corporation,'' dated January 17, 2007.
---------------------------------------------------------------------------
Brake rotors are currently classifiable under subheadings
8708.39.5010, 8708.39.5030, and 8708.30.5030 of the Harmonized Tariff
Schedule of the United States (``HTSUS'').\5\ Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
---------------------------------------------------------------------------
\5\ As of January 1, 2005, the HTS classification for brake
rotors (discs) changed from 8708.39.5010 to 8708.39.5030. As of
January 1, 2007, the HTS classification for brake rotors (discs)
changed from 8708.39.5030 to 8708.30.5030. See Harmonized Tariff
Schedule of the United States (2005), available at <www.usitc.gov>.
See also Memorandum from Ann Fornaro, International Trade Compliance
Analyst, through Blanche Ziv, Program Manager, to the File entitled,
``Brake Rotors from the People's Republic of China: Change in HTS
Code for Subject Merchandise,'' dated February 6, 2007.
---------------------------------------------------------------------------
Analysis of Comments Received
All issues raised in the case and rebuttal briefs filed by parties
in these reviews are addressed in the Memorandum from Stephen J.
Claeys, Deputy Assistant Secretary for Import Administration, to David
M. Spooner, Assistant Secretary for Import Administration, ``Issues and
Decision Memorandum for the 2005-2006 Administrative and New Shipper
Reviews of Brake Rotors From the People's Republic of China,'' dated
July 27, 2007 (``Issues and Decision Memo''), which is hereby adopted
by this notice. A list of the issues that parties raised and to which
we responded in the Issues and Decision Memo follows as an appendix to
this notice. The Issues and Decision Memo is a public document which is
on file in the Central Records Unit (``CRU'') in room B-099 of the main
Department building, and is also accessible on the Web at <https://
ia.ita.doc.gov/frn/>. The paper copy and electronic version of the
Issues and Decision Memo are identical in content.
Verification
In the Preliminary Results, we stated that we intended to verify
the information reported to the Department by Huanri in its separate-
rate application.\6\ From March 20 through March 22, 2007, the
Department conducted a verification of Huanri at Huanri's headquarters
in Panjia Village, Laizhou, China. We used standard verification
procedures, including on-site inspection of the company's facilities
and examination of relevant sales and financial records to verify
Section A, and quantity and value information submitted by Huanri on
the record of the administrative review. The Department issued the
results of the verification on May 4, 2007. For further details on the
verification, see the Huanri Verification Report.
---------------------------------------------------------------------------
\6\ See Preliminary Results, 72 FR at 7408.
---------------------------------------------------------------------------
Partial Rescission of Administrative Review
In the Preliminary Results, the Department issued a notice of
intent to rescind the administrative review with respect to Hongfa
Machinery (Dalian) Co., Ltd. (``Hongfa''), Laizhou Wally Automobile
Co., Ltd. (``Wally''), Xianghe Xumingyuan Auto Parts Co.
(``Xumingyuan''), China National Automotive Industry Import & Export
Corporation (``CAIEC''), Shandong Laizhou CAPCO Industry (``CAPCO''),
Laizhou Luyuan Automobile Fittings Co. (``Luyuan''), and Shenyang
Honbase Machinery Co., Ltd. (``Honbase''), in accordance with 19 CFR
351.213(d)(3), because we found no evidence that any of these companies
made shipments of subject merchandise to the United States during the
POR. See Preliminary Results, 72 FR at 7409. The Department received no
comments on this issue, and we did not receive any further information
since the issuance of the Preliminary Results that provides a basis for
reconsideration of this determination. Therefore, the Department is
rescinding this administrative review with respect to Hongfa, Wally,
Xumingyuan, CAIEC, CAPCO, Luyuan, and Honbase.
Separate Rates
In our Preliminary Results, we determined that Qingdao Rotec Auto
Parts Co., Ltd. (``Rotec'') and Xiangfen Hengtai Brake System Co., Ltd.
(``Hengtai'') did not qualify for a separate rate and, therefore, are
deemed to be included in the PRC-wide entity, and subject to the PRC-
wide rate. See Preliminary Results, 72 FR at 7410. The Department
received no comments on this issue, and we did not receive any further
information since the issuance of the Preliminary Results that provides
a basis for reconsideration of these determinations for the final
results. We also determined that the three mandatory (i.e., Haimeng,
Meita, and Winhere) and 12 separate-rate respondents (i.e., non-
selected respondents)\7\ met the criteria for the assignment of a
separate rate. Based on the results of Huanri's verification and the
Department's careful consideration of comments placed on the record by
parties, we have determined that Huanri is eligible for a separate rate
in the final results of the administrative review. See Issues and
Decision Memo at Comment 11.
---------------------------------------------------------------------------
\7\ The non-selected respondents are as follows: China National
Industrial Machinery Import & Export Corporation (``CNIM''), LABEC,
Qingdao Gren Co. (``Gren''), Zibo Luzhou Automobile Parts Co., Ltd.
(``ZLAP''), Hongda, Longkou TLC Machinery Co., Ltd. (``Longkou
TLC''), Zibo Golden Harvest Machinery Limited Company (``ZGOLD''),
Luqi, Shenyang Yinghao Machinery Co., Longkou Jinzheng Machinery Co.
(``Jinzheng''), Shanxi Zhongding Auto Parts Co., Ltd. (``SZAP''),
and Huanri.
---------------------------------------------------------------------------
The PRC-Wide Rate and Use of Facts Otherwise Available
In the Preliminary Results, we determined that the PRC-wide entity
(including Hengtai and Rotec) received copies of the Department's
questionnaire but did not respond and, therefore, failed to cooperate
to the best of their ability in the administrative
[[Page 42388]]
review. See Preliminary Results, 72 FR at 7410-12. Accordingly, we
determined that the use of facts otherwise available in reaching our
determination is appropriate pursuant to sections 776(a)(2)(A) and (B)
of the Act, and that the use of an adverse inference in selecting from
the facts available is appropriate pursuant to section 776(b) of the
Act. See Preliminary Results, 72 FR at 7410. In accordance with section
776(b)(1) of the Act, as adverse facts available, we assigned to the
PRC-entity (including Hengtai and Rotec) the PRC-wide rate of 43.32
percent. For detailed information on the Department's corroboration of
this rate, see Preliminary Results, 72 FR at 7411, and Memorandum from
Ann Fornaro, International Trade Analyst, through Blanche Ziv, Program
Manager, AD/CVD Enforcement Office 8, and Wendy J. Frankel, Office
Director, AD/CVD Enforcement Office 8, to the File, entitled,
``Corroboration of the PRC-Wide Adverse Facts-Available Rate,'' dated
February 9, 2007.
Changes Since the Preliminary Results
Based on our analysis of comments received from interested parties
and information on the record of these reviews, we made changes to the
margin calculations as noted below.
For the final results, we have corrected the calculation of freight
values for Golrich's carton and steel buckle inputs by multiplying the
distance from the domestic supplier to the factory by the surrogate
value for truck freight, instead of adding those two values. For
further details, see the Issues and Decision Memo at Comment 13, and
Memorandum from Ann Fornaro, International Trade Analyst, through
Blanche Ziv, Program Manager, AD/CVD Operations Office 8, to the File,
entitled, ``Analysis for the Final Results of the 2005-2006 New Shipper
Review of the Antidumping Duty Order on Brake Rotors from the People's
Republic of China: Qingdao Golrich Autoparts Co., Ltd.,'' dated July
27, 2007 (``Golrich Analysis Memo'').
For further details on company-specific calculations, see the
company-specific analysis memoranda.\8\
---------------------------------------------------------------------------
\8\ Memorandum from Jennifer Moats, Senior International Trade
Analyst, through Blanche Ziv, Program Manager, AD/CVD Operations
Office 8, to the File, entitled, ``Analysis for the Final Results of
the 2005-2006 Administrative Review of the Antidumping Duty Order on
Brake Rotors from the People's Republic of China: Longkou Haimeng
Machinery Co., Ltd.,'' dated July 27, 2007; Memorandum from Frances
Veith, International Trade Compliance Analyst, through Blanche Ziv,
Program Manager, AD/CVD Operations Office 8, to the File, entitled,
``Analysis for the Final Results of the 2005-2006 Antidumping Duty
Administrative Review of Brake Rotors from the People's Republic of
China: Qingdao Meita Automotive Industry Co., Ltd.,'' dated July 27,
2007; Memorandum from Frances Veith, International Trade Compliance
Analyst, through Blanche Ziv, Program Manager, AD/CVD Operations
Office 8, to the File, entitled, ``Analysis for the Final Results of
the 2005-2006 Antidumping Duty Administrative Review of Brake Rotors
from the People's Republic of China: Yantai Winhere Auto-Part
Manufacturing Co., Ltd.,'' dated July 27, 2007; and the Golrich
Analysis Memo.
---------------------------------------------------------------------------
We have made certain changes to the financial ratio calculations
for the final results. For further details, see the Issues and Decision
Memo at Comment 3.
We determined that we inadvertently excluded Ukraine import data
for February and March 2006 in the calculation of the surrogate value
for steel strap in the Preliminary Results. Therefore, we recalculated
the surrogate value for steel strap to include the Ukraine data for
those two months for the final results.\9\ For further information on
the calculation of this value, see Memorandum from Ann Fornaro, Trade
Compliance Analyst, through Blanche Ziv, Program Manager, AD/CVD
Operations Office 8, to the File entitled, ``2005-2006 Administration
and New Shipper Reviews of the Antidumping Duty Order of Brake Rotors
from the People's Republic of China Surrogate Values for the Final
Results,'' dated July 27, 2007 (``Final Surrogate Value Memo'').
---------------------------------------------------------------------------
\9\ See Surrogate Value Change Memo.
---------------------------------------------------------------------------
We have also made changes to the surrogate values for cartons. For
further details, see the Issues and Decision Memo at Comment 9 and
Final Surrogate Value Memo.
Final Results of the Reviews
We determine that the following final dumping margins exist for the
period April 1, 2005, through March 31, 2006:
------------------------------------------------------------------------
Individually Reviewed Exporters 2005-2006 Weighted-Average Percent
Administrative Review Margin
------------------------------------------------------------------------
Longkou Haimeng Machinery Co., Ltd....... 4.22
Yantai Winhere Auto-Part Manufacturing 0.03 (de minimis)
Co., Ltd................................
Qingdao Meita Automotive Industry Co., 0.00
Ltd.....................................
------------------------------------------------------------------------
------------------------------------------------------------------------
Separate-Rate Applicant Exporters 2005- Weighted-Average Percent
2006 Administrative Review Margin
------------------------------------------------------------------------
China National Industrial Machinery I & E 4.22
Co.\10\.................................
Laizhou Auto Brake Equipment Co., Ltd.... 4.22
Qingdao Gren (Group) Co.\11\............. 4.22
Zibo Luzhou Automobile Parts Co., Ltd.... 4.22
Laizhou Hongda Auto Replacement Parts 4.22
Co., Ltd................................
Longkou TLC Machinery Co., Ltd........... 4.22
Zibo Golden Harvest Machinery Limited 4.22
Company.................................
Laizhou City Luqi Machinery Co., Ltd..... 4.22
Shenyang Yinghao Machinery Co............ 4.22
Longkou Jinzheng Machinery Co., Ltd...... 4.22
Shanxi Zhongding Auto Parts Co., Ltd..... 4.22
Shandong Huanri Group Co., Ltd........... 4.22
------------------------------------------------------------------------
\10\ This company is also known as China National Industrial Machinery
Import & Export Corporation.
\11\ This company is also known as Qingdao Gren Co. and Gren Group
(Qingdao) Co.
------------------------------------------------------------------------
Weighted-Average Percent
2005-2006 New Shipper Review Margin
------------------------------------------------------------------------
Qingdao Golrich Autoparts Co., Ltd....... 0.00
------------------------------------------------------------------------
[[Page 42389]]
------------------------------------------------------------------------
PRC-Wide Rate Margin (Percent)
------------------------------------------------------------------------
PRC-Wide Rate[ast]....................... 43.32
------------------------------------------------------------------------
[ast] This includes Rotec and Hengtai.
The Department will disclose calculations performed for the final
results to the parties within five days of the date of publication of
this notice in accordance with 19 CFR 351.224(b).
Assessment Rates
The Department has determined, and U.S. Customs and Border
Protection (``CBP'') shall assess, antidumping duties on all
appropriate entries covered by these reviews. The Department intends to
issue assessment instructions to CBP 15 days after the publication date
of the final results of the reviews. In accordance with 19 CFR
351.212(b)(1), for Winhere, Meita, Haimeng, and Golrich, we calculated
an exporter/importer (or customer)-specific assessment rate for the
merchandise subject to these reviews. Where the respondent has reported
reliable entered values, we calculated importer (or customer)-specific
ad valorem rates by aggregating the dumping margins calculated for all
U.S. sales to each importer (or customer) and dividing this amount by
the total entered value of the sales to each importer (or customer).
See 19 CFR 351.212(b)(1). Where an importer (or customer)-specific ad
valorem rate is greater than de minimis, we will apply the assessment
rate to the entered value of the importer's/customer's entries during
the review period. See 19 CFR 351.212(b)(1). Where we do not have
entered values for all U.S. sales, we calculated a per-unit assessment
rate by aggregating the antidumping duties due for all U.S. sales to
each importer (or customer) and dividing this amount by the total
quantity sold to that importer (or customer). See 19 CFR 351.212(b)(1).
To determine whether the duty assessment rates are de minimis, in
accordance with the requirement set forth in 19 CFR 351.106(c)(2), we
calculated importer (or customer)-specific ad valorem ratios based on
the estimated entered value. Where an importer (or customer)-specific
ad valorem rate is zero or de minimis, we will instruct CBP to
liquidate appropriate entries without regard to antidumping duties. See
19 CFR 351.106(c)(2).
For the companies receiving a separate rate that were not selected
for individual review (i.e., CNIM, LABEC, Gren, ZLAP, Hongda, Longkou
TLC, ZGOLD, Luqi, Shenyang Yinghao Machinery Co., Jinzheng, SZAP, and
Huanri), we will calculate an assessment rate based on the weighted
average of the cash deposit rates calculated for the companies selected
for individual review excluding any that are zero, de minimis, or based
entirely on AFA pursuant to section 735(c)(5)(B) of the Act.
Cash-Deposit Requirements
The following cash deposit rates will be effective upon publication
of this notice of final results for all shipments of subject
merchandise from Golrich entered or withdrawn from warehouse, for
consumption on or after publication date: (1) zero cash deposit will be
required for subject merchandise manufactured and exported by
Golrich;\12\ and (2) for subject merchandise exported by Golrich but
not manufactured by Golrich, the cash deposit rate will be the PRC-wide
rate of 43.32 percent.
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\12\ Due to an inadvertent typographical error, we incorrectly
stated Golrich's cash deposit rate as ``2.15 percent'' instead of
0.78 percent in the Preliminary Results. See Preliminary Results, 72
FR at 7416. See also the Memorandum from Ann Fornaro, Trade
Compliance Analyst through Blanche Ziv, Program Manager, AD/CVD
Operations, Office 8, and Wendy J. Frankel, Office Director, AD/CVD
Operations, Office 8, to the File, entitled, ``2005-2006 Antidumping
Duty Administrative and New Shipper Reviews of Brake Rotors from the
People's Republic of China (``PRC''),'' dated February 13, 2007.
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The following cash deposit requirements will be effective upon
publication of this notice of final results for all shipments of brake
rotors from the PRC entered, or withdrawn from warehouse, for
consumption on or after the publication date, as provided by section
751(a)(1) of the Act: (1) the cash deposit rates for CNIM, LABEC, GREN,
Winhere, Haimeng, ZLAP, Hongda, Meita, TLC, ZGOLD, Luqi Yinghao,
Longkou Jinzheng, Zhongding and Huanri will be the company-specific
rate indicated above (except that if a rate is de minimis, i.e., less
than 0.50 percent, zero cash deposit will be required); (2) the cash
deposit rate for previously investigated or reviewed PRC and non-PRC
exporters who received a separate rate in a prior segment of the
proceeding (which were not reviewed in this segment of the proceeding)
will continue to be the rate assigned in that segment of the
proceeding; (3) the cash deposit rate for all PRC exporters of subject
merchandise that have not been found to be entitled to a separate rate
(including Rotec and Hengtai) will be the PRC-wide rate of 43.32
percent; and (4) the cash deposit rate for all non-PRC exporters of
subject merchandise which have not received their own rate will be the
rate applicable to the PRC exporter that supplied that non-PRC
exporter. These requirements shall remain in effect until further
notice.
Notification to Interested Parties
This notice serves as a final reminder to importers of their
responsibility under 19 CFR 351.402(f)(2) to file a certificate
regarding the reimbursement of antidumping duties prior to liquidation
of the relevant entries during this review period. Pursuant to 19 CFR
351.402(f)(3), 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.
This notice also serves as a reminder to parties subject to
administrative protective order (``APO'') of their responsibility
concerning the disposition of proprietary information disclosed under
APO, in accordance with 19 CFR 351.305 and as explained in the APO
itself. 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 the terms of an
APO is a sanctionable violation.
This notice of final results of the administrative and new shipper
reviews is issued and published in accordance with sections 751(a)(1)
and 777(i)(1) of the Act.
Dated: July 27, 2007.
David M. Spooner,
Assistant Secretary for Import Administration.
Appendix
List of Comments and Issues in the Issues and Decisions Memorandum
Comment 1 Valuation of Pig Iron
Comment 2 Selection of Financial Statements
Comment 3 Financial Ratios: Calculation of Factory Overhead, Selling,
General, and Administrative Expenses and Profit
Comment 4 Revocation Eligibility of Non-selected Respondents
Comment 5 Cash Deposit Rates of Non-selected Respondents
[[Page 42390]]
Comment 6 Voluntary Responses of Non-selected Respondents
Comment 7 Incorporation of Zeroing for Mandatory Respondents
Comment 8 Incorporation of Zeroing for Non-selected Respondents
Comment 9 Valuation of Cartons
Comment 10 Rescission of Review: Shanxi Zhongding
Comment 11 Separate Rate: Huanri Group
Comment 12 Respondent Selection Methodology
Comment 13 Clerical Error Freight Expenses for Golrich's Buckles and
Cartons
Comment 14 Clerical Error Valuation of Steel Strap
[FR Doc. E7-15037 Filed 8-1-07; 8:45 am]
BILLING CODE 3510-DS-S
