Brake Rotors from the People's Republic of China: Notice of Final Results of Expedited Second Sunset Review of Antidumping Duty Order, 1319-1321 [E8-116]
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Notices
6711 Bickmore Avenue in Chino (new
site total—83.16 acres); and,
Site 20 (Park Mira Loma West)—
Remove 340.73 acres (11 parcels) within
the site due to changed circumstances
(new site total—284.15 acres).
In accordance with the Board’s
regulations, a member of the FTZ Staff
has been designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address below. The closing period for
their receipt is March 10, 2008. Rebuttal
comments in response to material
submitted during the foregoing period
may be submitted during the subsequent
15-day period to March 24, 2008.
A copy of the application and
accompanying exhibits will be available
for public inspection at each of the
following locations: U.S. Department of
Commerce, Export Assistance Center,
11150 West Olympic Boulevard, Suite
975, Los Angeles, CA 90064; and, Office
of the Executive Secretary, ForeignTrade Zones Board, Room 2111, U.S.
Department of Commerce, 1401
Constitution Avenue, NW., Washington,
DC 20230.
For further information, contact
Camille Evans at
Camille_Evans@ita.doc.gov or (202)
482–2350.
Dated: December 20, 2007.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–113 Filed 1–7–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Docket 53–2007]
pwalker on PROD1PC71 with NOTICES
Foreign-Trade Zone 38—-Spartanburg
County, SC; Application for Expansion
An application has been submitted to
the Foreign-Trade Zones (FTZ) Board
(the Board) by the South Carolina State
Ports Authority, grantee of FTZ 38,
requesting authority to expand its
existing zone to include additional sites
in the Greenville-Spartanburg, South
Carolina Customs and Border Protection
port of entry. The application was
submitted pursuant to the provisions of
the Foreign-Trade Zones Act, as
amended (19 U.S.C. 81a–81u), and the
regulations of the Board (15 CFR Part
400). It was formally filed on December
20, 2007.
FTZ 38 was approved by the Board on
May 4, 1978 (Board Order 131, 43 FR
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17:32 Jan 07, 2008
Jkt 214001
20526, 5/12/78) and expanded as
follows: on November 9, 1994 (Board
Order 715, 59 FR 59992, 11/21/94); on
July 23, 1997 (Board Order 910, 62 FR
40797, 7/30/97); on January 8, 1999
(Board Order 1015, 64 FR 3064, 1/8/99);
and, on July 21, 2005 (Board Order
1404, 70 FR 44559).
The general-purpose zone project
currently consists of seven sites (1,546
acres) in Spartanburg County/Laurens
Counties: Site 1 (20 acres)—within the
74-acre Global Trade Center located at
200 Forest Way, Greenville; Site 2 (799
acres)—International Transport Center
(111 acres) and Gateway International
Business Center (688 acres), Greer; Site
3 (97 acres)—Highway 290 Commerce
Park (111 acres) and a warehouse
facility (5 acres) located at 150 Parkway
West, Duncan; Site 4 (473 acres)—
Wingo Corporate Park, Spartanburg; Site
5 (118 acres)—TNT Logistics/Michelin
North America, Inc., facility located at
101 Michelin Drive, Laurens; Site 6 (20
acres)—Lakeside Business Center
located at 961 Berry Shoals Road in
Greer; and, Temporary Site T–1 (19
acres)—ZF Lemforder Corporation, 240
Parkway East, in Duncan.
The applicant is now requesting
authority to expand the general-purpose
zone to include five additional sites in
the area: Proposed Site 8 (88 acres)—
Riverbend Business Center, located at
Cedar Crest Road and Compton Road,
Spartanburg; Proposed Site 9 (207
acres)—Corporate Center I–85 (193
acres, 2 parcels), located at 100
Corporate Center Drive, Spartanburg;
and the Bryant Business Center (14
acres, 1 parcel), located at 140 Landers
Drive, Spartanburg; Proposed Site 10
(334 acres, 2 parcels)—Interchange
Commerce Center, located at John Dodd
Road and Interstate 26, Spartanburg;
Proposed Site 11 (51 acres)—Caliber
Ridge Industrial Park, 1501 Highway
101 in Greer; and, Proposed Site 12 (4
acres)—Industrial Warehousing, 100
Fortis Drive, Duncan. The proposed
sites are owned by Fairforest Venture
Partners (Site 8), Peter E. Weisman/
Kinney Hill Associates, LP (Site 9), High
Site and John Dodds Road Properties,
LLC dba Johnson Development
Associates, Inc. (Site 10), JLN Investors,
Inc. (Site 11), and, Betula, LLC (Site 12).
The sites will be used primarily for
warehousing and distribution activities.
No specific manufacturing authority is
being requested at this time. Such
requests would be made to the Board on
a case-by-case basis.
The applicant is also requesting that
19 acres at Site 3 (Highway 290
Commerce Park) be restored to zone
status and that Temporary Site T–1 (19
acres) located at 240 Parkway East in
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1319
Duncan, be granted zone status on a
permanent basis as Site 7. Additionally,
the applicant is requesting that the
Board make Site 1 permanent at the
Global Trade Center in Greenville (Site
1 was previously at the Highway 29
Industrial Park in Wellford).
In accordance with the Board’s
regulations, a member of the FTZ staff
has been designated examiner to
investigate the application and report to
the Board.
Public comment is invited from
interested parties. Submissions (original
and 3 copies) shall be addressed to the
Board’s Executive Secretary at the
address listed below. The closing period
for their receipt is March 10, 2008.
Rebuttal comments in response to
material submitted during the foregoing
period may be submitted during the
subsequent 15-day period to March 24,
2008.
A copy of the application and
accompanying exhibits will be available
for public inspection at each of the
following locations: U.S. Department of
Commerce Export Assistance Center,
216 S. Pleasantburg Drive, Suite 243,
Buck Mickel Center, Greenville, S.C.
29607; and, Office of the Executive
Secretary, Foreign-Trade Zones Board,
Room 2111, U.S. Department of
Commerce, 1401 Constitution Avenue
NW., Washington, DC 20230.
For further information, contact
Christopher Kemp at
christopher_kemp@ita.doc.gov or (202)
482–0862.
Dated: December 20, 2007.
Andrew McGilvray,
Executive Secretary.
[FR Doc. E8–112 Filed 1–7–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–846]
Brake Rotors from the People’s
Republic of China: Notice of Final
Results of Expedited Second Sunset
Review of Antidumping Duty Order
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2007, the
Department of Commerce (‘‘the
Department’’) published a notice of
initiation of a sunset review of the
antidumping duty order on brake rotors
from the People’s Republic of China
(‘‘PRC’’) pursuant to section 751(c) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). See Initiation of Five–Year
AGENCY:
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
(‘‘Sunset’’) Reviews, 72 FR 35968 (July
2, 2007) (‘‘Initiation Notice’’). On the
basis of the notices of intent to
participate, an adequate substantive
response filed on behalf of a domestic
interested party and an inadequate
substantive response filed on behalf of
a respondent interested party (i.e., a
U.S. importer), the Department
conducted an expedited (120–day)
sunset review of the antidumping duty
order pursuant to section 751(c)(3)(B) of
the Act and section
351.218(e)(1)(ii)(C)(2) of the
Department’s regulations. As a result of
this sunset review, the Department finds
that revocation of the antidumping duty
order would likely lead to continuation
or recurrence of dumping at the levels
indicated in the ‘‘Final Results of
Review’’ section of this notice.
EFFECTIVE DATE: January 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Frances Veith, AD/CVD Operations,
Office 8, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202)
482–4295.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2007, the Department
published the notice of initiation of the
second sunset review of the
antidumping duty order on brake rotors
from the PRC pursuant to section 751(c)
of the Act. See Initiation Notice. On July
17, 2007, the Department received a
notice of intent to participate from a
domestic interested party, the Coalition
for the Preservation of American Brake
Drum and Rotor Aftermarket
Manufacturers (‘‘petitioner’’), within the
deadline specified in section
351.218(d)(1)(i) of the Department’s
regulations, and from a respondent
interested party, CWD, LLC (also known
as Centric Parts) (‘‘CWD’’). Petitioner
claimed interested party status under
section 771(9)(C) of the Act as a
domestic producer of brake rotors in the
United States, and CWD claimed
interested party status under section
771(9)(A) of the Act as a U.S. importer
of brake rotors into the United States.
The Department received substantive
responses from petitioner and CWD
within the deadline specified in section
351.218(d)(3)(i) of the Department’s
regulations and rebuttal submissions to
those responses from petitioner and
CWD on August 1 and August 6, 2007,
respectively. On August 21, 2007,
petitioner submitted to the Department
a correction to its August 6, 2007,
rebuttal response. On August 21, 2007,
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17:32 Jan 07, 2008
Jkt 214001
the Department notified the
International Trade Commission (‘‘ITC’’)
that respondent interested parties did
not provide an adequate substantive
response in this sunset review pursuant
to section 751(c)(3)(B) of the Act.
Therefore, because we did not receive
an adequate substantive response from
the respondent interested party, we
determined to conduct an expedited
review of the order pursuant to section
751(c)(3)(B) of the Act and section
351.218(e)(1)(ii)(C)(2) of the
Department’s regulations.1 On
November 5, 2007, the Department
published a notice extending the time
limit for the completion of the final
results of this review until November
29, 2007. See Brake Rotors from the
People’s Republic of China: Extension of
Final Results of Expedited Sunset
Review of Antidumping Duty Order, 72
FR 62430 (November 5, 2007). On
December 5, 2007, the Department
published a notice extending the time
limit for the completion of the final
results of this review until December 31,
2007. See Brake Rotors from the
People’s Republic of China: Extension of
Time Limit for Final Results of
Expedited Sunset Review of
Antidumping Duty Order, 72 FR 68562
(December 5, 2007).
Scope of the Order
The products covered by this order
are brake rotors made of gray cast iron,
whether finished, semifinished, or
unfinished, ranging in diameter from 8
to 16 inches (20.32 to 40.64 centimeters)
and in weight from 8 to 45 pounds (3.63
to 20.41 kilograms). The size parameters
(weight and dimension) of the brake
rotors limit their use to the following
types of motor vehicles: automobiles,
all–terrain vehicles, vans and
recreational vehicles under ‘‘one ton
and a half,’’ and light trucks designated
as ‘‘one ton and a half.’’
Finished brake rotors are those that
are ready for sale and installation
without any further operations. Semi–
finished rotors are those on which the
surface is not entirely smooth, and have
undergone some drilling. Unfinished
rotors are those which have undergone
some grinding or turning.
These brake rotors are for motor
vehicles, and do not contain in the
casting a logo of an original equipment
manufacturer (‘‘OEM’’) which produces
vehicles sold in the United States. (e.g.,
General Motors, Ford, Chrysler, Honda,
Toyota, Volvo). Brake rotors covered in
this order are not certified by OEM
1 See the Department’s August 21, 2007, letter to
the ITC, regarding ‘‘Expedited Sunset Review of the
AD/CVD Order Initiated in July 2007.’’
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Fmt 4703
Sfmt 4703
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).2
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’’).3 Although
the HTSUS subheadings are provided
for convenience and customs purposes,
the written description of the scope of
this order is dispositive.
Analysis of Comments Received
All issues raised in this review are
addressed in the ‘‘Issues and Decision
Memorandum’’ (‘‘Decision
Memorandum’’) from Stephen J. Claeys,
Deputy Assistant Secretary for Import
Administration, to David M. Spooner,
Assistant Secretary for Import
Administration, dated concurrently
with this notice, which is hereby
adopted by this notice. The issues
discussed in the Decision Memorandum
include consideration of substantive
responses, the likelihood of
continuation or recurrence of dumping
and the magnitude of the margins likely
to prevail if the order were revoked.
Parties can find a complete discussion
of all issues raised in this review and
the corresponding recommendations in
this public memorandum, which is on
file in the Central Records Unit in room
B–099 of the main Commerce building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the web at <https://
ia.ita.doc.gov/frn>. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
2 In a 2007 scope ruling, the Department
determined that brake rotors produced by FederalMogul and certified by Ford Motor Company are
excluded from the scope of the order. See the
January 17, 2007, Department memorandum
entitled ‘‘Scope Ruling of the Antidumping Duty
Order on Brake Rotors from the People’s Republic
of China; Federal-Mogul Corporation.’’
3 As of January 1, 2005, the HTSUS classification
for brake rotors (discs) changed from 8708.39.5010
to 8708.39.5030. As of January 1, 2007, the HTSUS
classification for brake rotors (discs) changed from
8708.39.5030 to 8708.30.5030. See Harmonized
Tariff Schedule of the United States (2007) (Rev. 2),
available at <www.usitc.gov>
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Federal Register / Vol. 73, No. 5 / Tuesday, January 8, 2008 / Notices
Final Results of Review
Pursuant to section 752(c)(3) of the
Act, we determine that revocation of the
antidumping duty order on brake rotors
from the PRC would likely lead to
continuation or recurrence of dumping
at the following weighted–average
percentage margins:
Weighted–Average Margin
(percent)
Manufacturers/Exporters/Producers
Hebei Metals and Minerals Import/export Corp. .......................................................................................................
Shandong Jiuyang Enterprise Corporation ...............................................................................................................
Longjing Walking Tractor Works Foreign Trade I/E ..................................................................................................
Jilin Provincial Machinery & Equipment I/E Corp ......................................................................................................
Qingdao Metals, Minerals and Machinery Import & Export Corporation ..................................................................
Shanxi Machinery and Equipment Import & Export Corporation ..............................................................................
Southwest Technical Import and Export Corporation ...............................................................................................
Xianghe Zichen Casting Corporation ........................................................................................................................
Yantai Import and Export Corporation .......................................................................................................................
Yenhere Corporation .................................................................................................................................................
PRC–Wide Entity .......................................................................................................................................................
Excluded from the antidumping duty
order are the following exporters and
producer combinations:6
Exporter: China National Automotive
Industry Import &Export
Corporation
Producer: Shandong Laizhou CAPCO
Industry;
Exporter: Shandong Laizhou CAPCO
Industry
pwalker on PROD1PC71 with NOTICES
Producer: Shandong Laizhou CAPCO
Industry;
Exporter: Shenyang Honbase
Machinery Co., Ltd.
Producer: Shenyang Honbase
Machinery Co., Ltd.;
Exporter: Shenyang Honbase
Machinery Co., Ltd.
Producer: Lai Zhou Luyan
Automobile Fittings Co., Ltd.;
Exporter: Lai Zhou Luyuan
Automobile Fittings Co., Ltd.
Producer: Lai Zhou Luyuan
Automobile Fittings Co., Ltd.;
Exporter: Lai Zhou Luyan Automobile
Fittings Co., Ltd.
Producer: Shenyang Honbase or
Laizhou Luyuan; and
Exporter: China National Machinery
and Equipment I&E (Xinjiang)
Corporation, Ltd.
Producer: Zibo Botai Manufacturing
Co., Ltd.
In a five–year sunset review, it is the
Department’s policy to include
companies that did not begin exporting
until after the order was issued as part
of the PRC–wide entity from the
investigation.7 For those companies that
shipped after the order was issued, we
determine that revocation of the
6 See Notice of Antidumping Duty Order: Brake
Rotors from the People’s Republic of China, 62 FR
18740 (April 17, 1997).
7 See Policies Regarding the Conduct of Five-year
(‘‘Sunset’’) Reviews of Antidumping and
Countervailing Duty Orders; Policy Bulletin, 63 FR
18871, 18873 (April 16, 1998).
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17:32 Jan 07, 2008
Jkt 214001
antidumping duty order on brake rotors
from the PRC would be likely to lead to
continuation or recurrence of dumping
at the PRC–wide percentage margin.
Notification Regarding Administrative
Protective Order:
This notice also serves as the only
reminder to parties subject to
administrative protective orders
(‘‘APO’’) of their responsibility
concerning the return or destruction of
proprietary information disclosed under
APO in accordance with section 351.305
of the Department’s regulations. Timely
notification of the return or destruction
of APO materials or conversion to
judicial protective order is hereby
requested. Failure to comply with the
regulations and terms of an APO is a
violation which is subject to sanction.
We are issuing and publishing these
results and this notice in accordance
with sections 751(c), 752(c) and
777(i)(1) of the Act.
Dated: December 31, 2007.
Susan H. Kuhbach,
Acting Assistant Secretary for Import
Administration.
[FR Doc. E8–116 Filed 1–7–08; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
A–351–832, A–122–840, A–560–815, A–201–
830, A–841–805, A–274–804, A–823–812
Carbon and Certain Alloy Steel Wire
Rod from Brazil, Canada, Indonesia,
Mexico, Moldova, Trinidad and
Tobago, and Ukraine: Final Results of
the Expedited Sunset Reviews of the
Antidumping Duty Orders
Import Administration,
International Trade Administration,
Department of Commerce.
AGENCY:
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8.51
8.51
8.51
8.51
8.51
8.51
16.07
8.51
3.56
8.51
43.32
SUMMARY: On September 4, 2007, the
Department of Commerce (‘‘the
Department’’) initiated sunset reviews of
the antidumping duty orders on carbon
and certain alloy steel wire rod (‘‘wire
rod’’) from Brazil, Canada, Indonesia,
Mexico, Moldova, Trinidad and Tobago,
and Ukraine pursuant to section 751(c)
of the Tariff Act of 1930, as amended
(‘‘the Act’’). The Department has
conducted expedited (120–day) sunset
reviews for these orders pursuant to 19
CFR 351.218(e)(1)(ii)(C)(2). As a result
of these sunset reviews, the Department
finds that revocation of the antidumping
duty orders would be likely to lead to
continuation or recurrence of dumping.
EFFECTIVE DATE: January 8, 2008.
FOR FURTHER INFORMATION CONTACT:
Devta Ohri or Brandon Farlander, AD/
CVD Operations, Office 1, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street & Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–3853, or (202)
482–0182, respectively.
SUPPLEMENTARY INFORMATION:
Background
On September 4, 2007, the
Department published the notice of
initiation of the sunset reviews of the
antidumping duty orders on wire rod
from Brazil, Canada, Indonesia, Mexico,
Moldova, Trinidad and Tobago, and
Ukraine, pursuant to Section 751(c) of
the Act. See Initiation of Five–Year
(‘‘Sunset’’) Reviews, 72 FR 50659
(September 4, 2007) (‘‘Notice of
Initiation’’).
The Department received a notice of
intent to participate from the following
domestic parties: Gerdau Ameristeel
U.S. Inc.; ISG Georgetown, Inc.;
Keystone Consolidated Industries, Inc.;
and Rocky Mountain Steel Mills within
the deadline specified in 19 CFR
351.218(d)(1)(i). The companies claimed
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]]>Agencies
[Federal Register Volume 73, Number 5 (Tuesday, January 8, 2008)]
[Notices]
[Pages 1319-1321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-116]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors from the People's Republic of China: Notice of Final
Results of Expedited Second Sunset Review of Antidumping Duty Order
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
SUMMARY: On July 2, 2007, the Department of Commerce (``the
Department'') published a notice of initiation of a sunset review of
the antidumping duty order on brake rotors from the People's Republic
of China (``PRC'') pursuant to section 751(c) of the Tariff Act of
1930, as amended (``the Act''). See Initiation of Five-Year
[[Page 1320]]
(``Sunset'') Reviews, 72 FR 35968 (July 2, 2007) (``Initiation
Notice''). On the basis of the notices of intent to participate, an
adequate substantive response filed on behalf of a domestic interested
party and an inadequate substantive response filed on behalf of a
respondent interested party (i.e., a U.S. importer), the Department
conducted an expedited (120-day) sunset review of the antidumping duty
order pursuant to section 751(c)(3)(B) of the Act and section
351.218(e)(1)(ii)(C)(2) of the Department's regulations. As a result of
this sunset review, the Department finds that revocation of the
antidumping duty order would likely lead to continuation or recurrence
of dumping at the levels indicated in the ``Final Results of Review''
section of this notice.
EFFECTIVE DATE: January 8, 2008.
FOR FURTHER INFORMATION CONTACT: Frances Veith, AD/CVD Operations,
Office 8, Import Administration, International Trade Administration,
U.S. Department of Commerce, 14th Street and Constitution Avenue, NW,
Washington, DC 20230; telephone: (202) 482-4295.
SUPPLEMENTARY INFORMATION:
Background
On July 2, 2007, the Department published the notice of initiation
of the second sunset review of the antidumping duty order on brake
rotors from the PRC pursuant to section 751(c) of the Act. See
Initiation Notice. On July 17, 2007, the Department received a notice
of intent to participate from a domestic interested party, the
Coalition for the Preservation of American Brake Drum and Rotor
Aftermarket Manufacturers (``petitioner''), within the deadline
specified in section 351.218(d)(1)(i) of the Department's regulations,
and from a respondent interested party, CWD, LLC (also known as Centric
Parts) (``CWD''). Petitioner claimed interested party status under
section 771(9)(C) of the Act as a domestic producer of brake rotors in
the United States, and CWD claimed interested party status under
section 771(9)(A) of the Act as a U.S. importer of brake rotors into
the United States. The Department received substantive responses from
petitioner and CWD within the deadline specified in section
351.218(d)(3)(i) of the Department's regulations and rebuttal
submissions to those responses from petitioner and CWD on August 1 and
August 6, 2007, respectively. On August 21, 2007, petitioner submitted
to the Department a correction to its August 6, 2007, rebuttal
response. On August 21, 2007, the Department notified the International
Trade Commission (``ITC'') that respondent interested parties did not
provide an adequate substantive response in this sunset review pursuant
to section 751(c)(3)(B) of the Act. Therefore, because we did not
receive an adequate substantive response from the respondent interested
party, we determined to conduct an expedited review of the order
pursuant to section 751(c)(3)(B) of the Act and section
351.218(e)(1)(ii)(C)(2) of the Department's regulations.\1\ On November
5, 2007, the Department published a notice extending the time limit for
the completion of the final results of this review until November 29,
2007. See Brake Rotors from the People's Republic of China: Extension
of Final Results of Expedited Sunset Review of Antidumping Duty Order,
72 FR 62430 (November 5, 2007). On December 5, 2007, the Department
published a notice extending the time limit for the completion of the
final results of this review until December 31, 2007. See Brake Rotors
from the People's Republic of China: Extension of Time Limit for Final
Results of Expedited Sunset Review of Antidumping Duty Order, 72 FR
68562 (December 5, 2007).
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\1\ See the Department's August 21, 2007, letter to the ITC,
regarding ``Expedited Sunset Review of the AD/CVD Order Initiated in
July 2007.''
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Scope of the Order
The products covered by this order are brake rotors made of gray
cast iron, whether finished, semifinished, or unfinished, ranging in
diameter from 8 to 16 inches (20.32 to 40.64 centimeters) and in weight
from 8 to 45 pounds (3.63 to 20.41 kilograms). The size parameters
(weight and dimension) of the brake rotors limit their use to the
following types of motor vehicles: automobiles, all-terrain vehicles,
vans and recreational vehicles under ``one ton and a half,'' and light
trucks designated as ``one ton and a half.''
Finished brake rotors are those that are ready for sale and
installation without any further operations. Semi-finished rotors are
those on which the surface is not entirely smooth, and have undergone
some drilling. Unfinished rotors are those which have undergone some
grinding or turning.
These brake rotors are for motor vehicles, and do not contain in
the casting a logo of an original equipment manufacturer (``OEM'')
which produces vehicles sold in the United States. (e.g., General
Motors, Ford, Chrysler, Honda, Toyota, Volvo). Brake rotors covered in
this order are not certified by OEM producers of vehicles sold in the
United States. The scope also includes composite brake rotors that are
made of gray cast iron, which contain a steel plate, but otherwise meet
the above criteria. Excluded from the scope of this order are brake
rotors made of gray cast iron, whether finished, semifinished, or
unfinished, with a diameter less than 8 inches or greater than 16
inches (less than 20.32 centimeters or greater than 40.64 centimeters)
and a weight less than 8 pounds or greater than 45 pounds (less than
3.63 kilograms or greater than 20.41 kilograms).\2\
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\2\ In a 2007 scope ruling, the Department determined that brake
rotors produced by Federal-Mogul and certified by Ford Motor Company
are excluded from the scope of the order. See the January 17, 2007,
Department memorandum entitled ``Scope Ruling of the Antidumping
Duty Order on Brake Rotors from the People's Republic of China;
Federal-Mogul Corporation.''
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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'').\3\ Although the HTSUS
subheadings are provided for convenience and customs purposes, the
written description of the scope of this order is dispositive.
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\3\ As of January 1, 2005, the HTSUS classification for brake
rotors (discs) changed from 8708.39.5010 to 8708.39.5030. As of
January 1, 2007, the HTSUS classification for brake rotors (discs)
changed from 8708.39.5030 to 8708.30.5030. See Harmonized Tariff
Schedule of the United States (2007) (Rev. 2), available at
<www.usitc.gov>
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Analysis of Comments Received
All issues raised in this review are addressed in the ``Issues and
Decision Memorandum'' (``Decision Memorandum'') from Stephen J. Claeys,
Deputy Assistant Secretary for Import Administration, to David M.
Spooner, Assistant Secretary for Import Administration, dated
concurrently with this notice, which is hereby adopted by this notice.
The issues discussed in the Decision Memorandum include consideration
of substantive responses, the likelihood of continuation or recurrence
of dumping and the magnitude of the margins likely to prevail if the
order were revoked. Parties can find a complete discussion of all
issues raised in this review and the corresponding recommendations in
this public memorandum, which is on file in the Central Records Unit in
room B-099 of the main Commerce building.
In addition, a complete version of the Decision Memorandum can be
accessed directly on the web at <https://ia.ita.doc.gov/frn>. The paper
copy and electronic version of the Decision Memorandum are identical in
content.
[[Page 1321]]
Final Results of Review
Pursuant to section 752(c)(3) of the Act, we determine that
revocation of the antidumping duty order on brake rotors from the PRC
would likely lead to continuation or recurrence of dumping at the
following weighted-average percentage margins:
------------------------------------------------------------------------
Weighted-Average Margin
Manufacturers/Exporters/Producers (percent)
------------------------------------------------------------------------
Hebei Metals and Minerals Import/export 8.51
Corp.....................................
Shandong Jiuyang Enterprise Corporation... 8.51
Longjing Walking Tractor Works Foreign 8.51
Trade I/E................................
Jilin Provincial Machinery & Equipment I/E 8.51
Corp.....................................
Qingdao Metals, Minerals and Machinery 8.51
Import & Export Corporation..............
Shanxi Machinery and Equipment Import & 8.51
Export Corporation.......................
Southwest Technical Import and Export 16.07
Corporation..............................
Xianghe Zichen Casting Corporation........ 8.51
Yantai Import and Export Corporation...... 3.56
Yenhere Corporation....................... 8.51
PRC-Wide Entity........................... 43.32
------------------------------------------------------------------------
Excluded from the antidumping duty order are the following
exporters and producer combinations:\6\
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\6\ See Notice of Antidumping Duty Order: Brake Rotors from the
People's Republic of China, 62 FR 18740 (April 17, 1997).
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Exporter: China National Automotive Industry Import &Export
Corporation
Producer: Shandong Laizhou CAPCO Industry;
Exporter: Shandong Laizhou CAPCO Industry
Producer: Shandong Laizhou CAPCO Industry;
Exporter: Shenyang Honbase Machinery Co., Ltd.
Producer: Shenyang Honbase Machinery Co., Ltd.;
Exporter: Shenyang Honbase Machinery Co., Ltd.
Producer: Lai Zhou Luyan Automobile Fittings Co., Ltd.;
Exporter: Lai Zhou Luyuan Automobile Fittings Co., Ltd.
Producer: Lai Zhou Luyuan Automobile Fittings Co., Ltd.;
Exporter: Lai Zhou Luyan Automobile Fittings Co., Ltd.
Producer: Shenyang Honbase or Laizhou Luyuan; and
Exporter: China National Machinery and Equipment I&E (Xinjiang)
Corporation, Ltd.
Producer: Zibo Botai Manufacturing Co., Ltd.
In a five-year sunset review, it is the Department's policy to
include companies that did not begin exporting until after the order
was issued as part of the PRC-wide entity from the investigation.\7\
For those companies that shipped after the order was issued, we
determine that revocation of the antidumping duty order on brake rotors
from the PRC would be likely to lead to continuation or recurrence of
dumping at the PRC-wide percentage margin.
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\7\ See Policies Regarding the Conduct of Five-year (``Sunset'')
Reviews of Antidumping and Countervailing Duty Orders; Policy
Bulletin, 63 FR 18871, 18873 (April 16, 1998).
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Notification Regarding Administrative Protective Order:
This notice also serves as the only reminder to parties subject to
administrative protective orders (``APO'') of their responsibility
concerning the return or destruction of proprietary information
disclosed under APO in accordance with section 351.305 of the
Department's regulations. Timely notification of the return or
destruction of APO materials or conversion to judicial protective order
is hereby requested. Failure to comply with the regulations and terms
of an APO is a violation which is subject to sanction.
We are issuing and publishing these results and this notice in
accordance with sections 751(c), 752(c) and 777(i)(1) of the Act.
Dated: December 31, 2007.
Susan H. Kuhbach,
Acting Assistant Secretary for Import Administration.
[FR Doc. E8-116 Filed 1-7-08; 8:45 am]
BILLING CODE 3510-DS-S
