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]

Download as PDF 42386 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 mstockstill on PROD1PC66 with NOTICES AGENCY: VerDate Aug<31>2005 18:46 Aug 01, 2007 Jkt 211001 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 Frm 00017 Fmt 4703 Sfmt 4703 ‘‘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. E:\FR\FM\02AUN1.SGM 02AUN1 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices 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. VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 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 <http:// 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 Fmt 4703 Sfmt 4703 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. E:\FR\FM\02AUN1.SGM 02AUN1 42388 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. ....................................................................................................................... mstockstill on PROD1PC66 with NOTICES 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 VerDate Aug<31>2005 17:42 Aug 01, 2007 Jkt 211001 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 Frm 00019 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. E:\FR\FM\02AUN1.SGM 02AUN1 42389 Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Notices 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 VerDate Aug<31>2005 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 Frm 00020 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 <http://
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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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