Brake Rotors from the People's Republic of China: Notice of Amended Final Results of Administrative Review Pursuant to Court Decision, 15253-15254 [E9-7522]

Download as PDF Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices Products NSN: 7520–01–483–8986—Presentation Sheets, ‘‘SmartChart Pro’’. NPA: The Lighthouse for the Blind, Inc. (Seattle Lighthouse), Seattle, WA. Contracting Activity: GSA/FSS OFC SUP Ctr—Paper Products, New York, NY. to procure the products listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. Regulatory Flexibility Act Certification Services Service Type/Location: Recycling/Recovery Service, McConnell, 22 CONS/LGC, McConnell AFB, KS. NPA: MCDS Federal Contracting, Inc., McPherson, KS. Contracting Activity: Dept of the Air Force, FA4621 22 CONS LGC, McConnell AFB, KS. Support Service (Recreation Aide), Altus Air Force Base: 97th Air Mobility Wing, 303 J Avenue, Bldg. 302, Altus AFB, OK. NPA: Dale Rogers Training Center, Inc., Oklahoma City, OK. Contracting Activity: Dept of the Air Force, FA4419 97 CONS CC, Altus AFB, OK. Barry S. Lineback, Director, Business Operations. [FR Doc. E9–7538 Filed 4–2–09; 8:45 am] BILLING CODE 6353–01–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions AGENCY: Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions to the Procurement List. The Committee is proposing to add to the Procurement List products to be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities. Comments Must Be Received on or Before: 5/4/2009. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, Jefferson Plaza 2, Suite 10800, 1421 Jefferson Davis Highway, Arlington, Virginia 22202–3259. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 47(a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. sroberts on PROD1PC70 with NOTICES SUMMARY: Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice for each product will be required VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. If approved, the action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government. 2. If approved, the action will result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in connection with the products proposed for addition to the Procurement List. Comments on this certification are invited. Commenters should identify the statement(s) underlying the certification on which they are providing additional information. End of Certification Products NSN: 7510–00–NIB–0897—Rubber Band, Sterling Grade, Size 33, 1 lb. NSN: 7510–01–058–9974—Rubber Band, Sterling Grade, Size 64, 1 lb. NSN: 7510–00–NIB–0898—Rubber Band, Sterling Grade, Size 117, 1 lb. NSN: 7510–00–NIB–0899—Rubber Band, Sterling Grade, Size 19, 1 lb. NSN: 7510–00–NIB–0900—Rubber Band, Sterling Grade, Size 32, 1 lb. NSN: 7510–00–NIB–0901—Rubber Band, Sterling Grade, Size 16, 1 lb. NSN: 7510–00–NIB–0902—Rubber Band, Sterling Grade, Size 18, 1 lb. NSN: 7510–00–NIB–0903—Rubber Band, Sterling Grade, Size 54 Asst, 1 lb. NSN: 7510–00–NIB–0904—Big Band Pack, Red. Coverage: A-List for the total Government requirement as aggregated by the General Services Administration. NSN: 7510–00–205–0371—Rubber Band, Sterling Grade, Size 84, 1⁄4 lb. NSN: 7510–00–205–0842—Rubber Band, Sterling Grade, Size 33, 1⁄4 lb. NSN: 7510–00–205–1438—Rubber Band, Sterling Grade, Size 19, 1⁄4 lb. NSN: 7510–00–205–1439—Rubber Band, Sterling Grade, Size 16, 1⁄4 lb. NSN: 7510–00–243–3434—Rubber Band, Sterling Grade, Size 32, 1⁄4 lb. NSN: 7510–00–243–3435—Rubber Band, Sterling Grade, Size 64, 1⁄4 lb. Frm 00014 Fmt 4703 NSN: 7510–00–243–3437—Rubber Band, Sterling Grade, Size 18, 1⁄4 lb. Coverage: B-List for the broad Government requirement as aggregated by the General Services Administration. NPA: Central Association for the Blind & Visually Impaired, Utica, NY. Contracting Activity: Federal Acquisition Service, GSA/FSS OFC SUP CTR—Paper Products, New York, NY. NSN: 7530–00–NIB–0883—Folder, File, Reinforced (2-ply) Ltr Size Manila. Coverage: A-List for the total Government requirement as aggregated by the General Services Administration. NSN: 7530–00–NIB–0882—Folder, File, Reinforced (2-ply) Ltr Size Manila. Coverage: B-List for the broad Government requirement as aggregated by the General Services Administration. NSN: 7530–00–NIB–0881—Folder, File, Reinforced (2-ply) Ltr Size Manila. Coverage: A-List for the total Government requirement as aggregated by the General Services Administration. NPA: Central Association for the Blind & Visually Impaired, Utica, NY. Contracting Activity: Federal Acquisition Service, GSA/FSS OFC SUP CTR—Paper Products, New York, NY. Barry S. Lineback, Director, Business Operations. [FR Doc. E9–7539 Filed 4–2–09; 8:45 am] BILLING CODE 6353–01–P The following products are proposed for addition to Procurement List for production by the nonprofit agencies listed: PO 00000 15253 Sfmt 4703 DEPARTMENT OF COMMERCE International Trade Administration A–570–846 Brake Rotors from the People’s Republic of China: Notice of Amended Final Results of Administrative Review Pursuant to Court Decision AGENCY: Import Administration, International Trade Administration, Department of Commerce. EFFECTIVE DATE: April 3, 2009. FOR FURTHER INFORMATION CONTACT: Paul Walker, 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: 202–482–0413. SUPPLEMENTARY INFORMATION: Background The original publication of this notice occurred on March 16, 2009. See Brake Rotors from the People’s Republic of China: Notice of Amended Final Results of Administrative Review Sales at Less Than Fair Value and Antidumping Duty Order Pursuant to Court Decision, 74 FR 11081(March 16, 2009). Due to several inadvertent errors in the Federal E:\FR\FM\03APN1.SGM 03APN1 15254 Federal Register / Vol. 74, No. 63 / Friday, April 3, 2009 / Notices Register notice, we are republishing the notice in its entirety. Specifically, there were errors in the title, the listed period of review (‘‘POR’’) and two misspellings in the ‘‘Amended Final Results’’ section. This matter arose from a challenge to the Final Results issued by the Department of Commerce (‘‘Department’’) for the period of review (‘‘POR’’) April 1, 2004, through March 31, 2005.1 See Brake Rotors from the People’s Republic of China: Final Results and Partial Rescission of the 2004/2005 Administrative Review and Notice of Rescission of 2004/2005 New Shipper Review, 71 FR 66304 (November 14, 2006) (‘‘Final Results’’). Following publication of the Final Results, the Respondents2 filed a lawsuit with the Court of International Trade (‘‘CIT’’) challenging the Department’s Final Results. The Respondents contested several aspects of the Final Results, including the Department’s surrogate valuation for steel scrap. On June 26, 2008, the CIT directed the Department to: 1) explain whether the rejected rotors, casting strands/handles, etc., reintroduced into the production process should be properly accounted for in the factor of production ‘‘STLSCRAP’’; 2) address the issue of the composition of the predominant scrap used in the production process; 3) address respondents’ argument that the Department should be solely focusing on the type of scrap the Respondents reported in the factor field ‘‘STLSCRAP’’; and 4) explain whether the Department has in fact reassessed its position in subsequent reviews as to the proper harmonized tariff schedule (‘‘HTS’’) classification of the Respondents’ scrap. See Laizhou Auto Brake Equipment Company, et. al. v. United States, Court No. 06–00430, Slip Op. 08–71 (CIT June 26, 2008) (‘‘Laizhou I’’), at 17–18. Pursuant to the CIT’s remand instructions, we reexamined the record and determined that the best available information on the record with which to value steel scrap is HTS 7204.49.00 (other ferrous waste and scrap (‘‘ferrous scrap’’)), rather than HTS 7204.10.00 (waste and scrap of cast iron (‘‘cast iron scrap’’)) which was used in the Final Results. The Department released the Draft Results of Redetermination Pursuant to Court Remand to interested parties on September 8, 2008. No party submitted comments. On September 24, 2008, the Department filed its final results of redetermination pursuant to Laizhou I with the CIT. See Final Results of Redetermination Pursuant to Court Remand, Court No. 06–00430 (September 24, 2008) (‘‘Final Redetermination’’). In responding to the CIT’s questions and reassessing the record evidence, we have determined it appropriate to value steel scrap using HTS 7204.49.00 (ferrous scrap), instead of the previously selected value, HTS 7204.10.00 (cast iron scrap). We note that respondents reported purchasing steel scrap that is captured under HTS 7204.49.00, and there is no record evidence which contradicts this assertion. The Department valued HTS 7204.49.00 using publicly available Indian import statistics for the POR from the World Trade Atlas (‘‘WTA’’).3 Thus, the Department revised, as appropriate, the remanded steel scrap surrogate value selection components of the margin calculations of Longkou Haimeng Machinery Co., Ltd. and Hongfa Machinery (Dalian) Co., Ltd. The Department also revised the ‘‘sample rate’’ applicable to the non–mandatory respondents separate from the PRC– wide entity who are parties to this litigation: Laizhou Auto Brake Equipment Co., Ltd.; Laizhou City Luqi Machinery Co., Ltd.; Laizhou Hongda Auto Replacement Parts Co., Ltd.; and Qingdao Gren (Group) Co.4 On November 5, 2008, the CIT sustained all aspects of the remand redetermination made by the Department pursuant to the CIT’s remand of the Final Results. See Laizhou II. On November 21, 2008, consistent with the decision in Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified the public that the Court’s decision was not in harmony with the Department’s final results. See Brake Rotors Timken Notice. See Brake Rotors from the People’s Republic of China: Notice of Court Decision Not In Harmony With Final Results of Administrative Review, 73 FR 70618 (November 21, 2008) . No party appealed the CIT’s decision. As there is now a final and conclusive court decision in this case, we are amending our Final Results. Amended Final Results As the litigation in this case has concluded, the Department is amending the Final Results to reflect the results of our remand determination. The revised dumping margins for the order on brake rotors in the amended final results are as follows: Exporter Hongfa Machinery (Dalian) Co. ............... Laizhou Auto Brake Equipment Company Laizhou Luqi Machinery Co., Ltd. .................... Laizhou Hongda Auto Replacement Parts Co., Ltd. .................... Longkou Haimeng Machinery Co., Ltd. ........ Qingdao Gren (Group) Co. ............................. Margin 0.01% (de minimis) 6.20% 6.20% 6.20% 0.01% (de minimis) 6.20% The Department intends to issue instructions to U.S. Customs and Border Protection (‘‘CBP’’) fifteen days after publication of this notice, to revise the cash deposit rates for the companies listed above, effective as of the publication date of this notice. In addition, we will also instruct CBP to liquidate all entries at the appropriate rates. This notice is published in accordance with sections 751(a)(1) and 777(i) of the Tariff Act of 1930, as amended. Dated: March 27, 2009. Ronald K. Lorentzen, Acting Assistant Secretary for Import Administration. [FR Doc. E9–7522 Filed 4–2–09; 8:45 am] BILLING CODE 3510–DS–S DEPARTMENT OF COMMERCE International Trade Administration sroberts on PROD1PC70 with NOTICES 1 We note that the Court of International Trade cited an incorrect POR of April 1, 2005, through May 31, 2006 in its decision. See Laizhou Auto Brake Equipment Company, et. al. v. United States, Court No. 06–00430, Slip Op. 08–120 (CIT November 5, 2008) (‘‘Laizhou II’’). The CIT corrected this error on February 20, 2009. See Laizhou II Errata, dated February 20, 2009. 2 The Respondents referenced here are Longkou Haimeng Machinery Co., Ltd., Hongfa Machinery (Dalian) Co., Ltd., Laizhou Auto Brake Equipment Co., Ltd., Laizhou City Luqi Machinery Co., Ltd., Laizhou Hongda Auto Replacement Parts Co., Ltd., and Qingdao Gren (Group) Co. VerDate Nov<24>2008 16:07 Apr 02, 2009 Jkt 217001 3 WTA is published by Global Trade Information Services, Inc., which is a secondary electronic source based upon the publication, Monthly Statistics of the Foreign Trade of India, Volume II: Imports. See http://www.gtis.com/wta.htm. 4 For the sample rate calculation which includes other mandatory respondents, please see Memo to the File, through Scot T. Fullerton, Program Manager, Office 9, from Toni Dach, International Trade Compliance Analyst, Office 9, Regarding ‘‘Calculation of the ‘Sample Rate’ for the Draft Redetermination of the 2004/2005 Administrative Review of Brake Rotors from the People’s Republic of China,’’ dated September 8, 2008. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 Request for Public Comment on the Wholly Formed Requirement for Qualifying Woven Fabric Under the Dominican Republic Earned Import Allowance Program AGENCY: Department of Commerce, International Trade Administration, Office of Textiles and Apparel. ACTION: Request for public comment on the wholly formed requirement for E:\FR\FM\03APN1.SGM 03APN1

Agencies

[Federal Register Volume 74, Number 63 (Friday, April 3, 2009)]
[Notices]
[Pages 15253-15254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-7522]


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DEPARTMENT OF COMMERCE

International Trade Administration

A-570-846


Brake Rotors from the People's Republic of China: Notice of 
Amended Final Results of Administrative Review Pursuant to Court 
Decision

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

EFFECTIVE DATE: April 3, 2009.

FOR FURTHER INFORMATION CONTACT: Paul Walker, 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: 202-482-0413.

SUPPLEMENTARY INFORMATION: 

Background

    The original publication of this notice occurred on March 16, 2009. 
See Brake Rotors from the People's Republic of China: Notice of Amended 
Final Results of Administrative Review Sales at Less Than Fair Value 
and Antidumping Duty Order Pursuant to Court Decision, 74 FR 
11081(March 16, 2009). Due to several inadvertent errors in the Federal

[[Page 15254]]

Register notice, we are republishing the notice in its entirety. 
Specifically, there were errors in the title, the listed period of 
review (``POR'') and two misspellings in the ``Amended Final Results'' 
section.
    This matter arose from a challenge to the Final Results issued by 
the Department of Commerce (``Department'') for the period of review 
(``POR'') April 1, 2004, through March 31, 2005.\1\ See Brake Rotors 
from the People's Republic of China: Final Results and Partial 
Rescission of the 2004/2005 Administrative Review and Notice of 
Rescission of 2004/2005 New Shipper Review, 71 FR 66304 (November 14, 
2006) (``Final Results''). Following publication of the Final Results, 
the Respondents\2\ filed a lawsuit with the Court of International 
Trade (``CIT'') challenging the Department's Final Results. The 
Respondents contested several aspects of the Final Results, including 
the Department's surrogate valuation for steel scrap.
---------------------------------------------------------------------------

    \1\ We note that the Court of International Trade cited an 
incorrect POR of April 1, 2005, through May 31, 2006 in its 
decision. See Laizhou Auto Brake Equipment Company, et. al. v. 
United States, Court No. 06-00430, Slip Op. 08-120 (CIT November 5, 
2008) (``Laizhou II''). The CIT corrected this error on February 20, 
2009. See Laizhou II Errata, dated February 20, 2009.
    \2\ The Respondents referenced here are Longkou Haimeng 
Machinery Co., Ltd., Hongfa Machinery (Dalian) Co., Ltd., Laizhou 
Auto Brake Equipment Co., Ltd., Laizhou City Luqi Machinery Co., 
Ltd., Laizhou Hongda Auto Replacement Parts Co., Ltd., and Qingdao 
Gren (Group) Co.
---------------------------------------------------------------------------

    On June 26, 2008, the CIT directed the Department to: 1) explain 
whether the rejected rotors, casting strands/handles, etc., 
reintroduced into the production process should be properly accounted 
for in the factor of production ``STLSCRAP''; 2) address the issue of 
the composition of the predominant scrap used in the production 
process; 3) address respondents' argument that the Department should be 
solely focusing on the type of scrap the Respondents reported in the 
factor field ``STLSCRAP''; and 4) explain whether the Department has in 
fact reassessed its position in subsequent reviews as to the proper 
harmonized tariff schedule (``HTS'') classification of the Respondents' 
scrap. See Laizhou Auto Brake Equipment Company, et. al. v. United 
States, Court No. 06-00430, Slip Op. 08-71 (CIT June 26, 2008) 
(``Laizhou I''), at 17-18. Pursuant to the CIT's remand instructions, 
we reexamined the record and determined that the best available 
information on the record with which to value steel scrap is HTS 
7204.49.00 (other ferrous waste and scrap (``ferrous scrap'')), rather 
than HTS 7204.10.00 (waste and scrap of cast iron (``cast iron 
scrap'')) which was used in the Final Results.
    The Department released the Draft Results of Redetermination 
Pursuant to Court Remand to interested parties on September 8, 2008. No 
party submitted comments. On September 24, 2008, the Department filed 
its final results of redetermination pursuant to Laizhou I with the 
CIT. See Final Results of Redetermination Pursuant to Court Remand, 
Court No. 06-00430 (September 24, 2008) (``Final Redetermination''). In 
responding to the CIT's questions and reassessing the record evidence, 
we have determined it appropriate to value steel scrap using HTS 
7204.49.00 (ferrous scrap), instead of the previously selected value, 
HTS 7204.10.00 (cast iron scrap). We note that respondents reported 
purchasing steel scrap that is captured under HTS 7204.49.00, and there 
is no record evidence which contradicts this assertion. The Department 
valued HTS 7204.49.00 using publicly available Indian import statistics 
for the POR from the World Trade Atlas (``WTA'').\3\ Thus, the 
Department revised, as appropriate, the remanded steel scrap surrogate 
value selection components of the margin calculations of Longkou 
Haimeng Machinery Co., Ltd. and Hongfa Machinery (Dalian) Co., Ltd. The 
Department also revised the ``sample rate'' applicable to the non-
mandatory respondents separate from the PRC-wide entity who are parties 
to this litigation: Laizhou Auto Brake Equipment Co., Ltd.; Laizhou 
City Luqi Machinery Co., Ltd.; Laizhou Hongda Auto Replacement Parts 
Co., Ltd.; and Qingdao Gren (Group) Co.\4\ On November 5, 2008, the CIT 
sustained all aspects of the remand redetermination made by the 
Department pursuant to the CIT's remand of the Final Results. See 
Laizhou II.
---------------------------------------------------------------------------

    \3\ WTA is published by Global Trade Information Services, Inc., 
which is a secondary electronic source based upon the publication, 
Monthly Statistics of the Foreign Trade of India, Volume II: 
Imports. See http://www.gtis.com/wta.htm.
    \4\ For the sample rate calculation which includes other 
mandatory respondents, please see Memo to the File, through Scot T. 
Fullerton, Program Manager, Office 9, from Toni Dach, International 
Trade Compliance Analyst, Office 9, Regarding ``Calculation of the 
`Sample Rate' for the Draft Redetermination of the 2004/2005 
Administrative Review of Brake Rotors from the People's Republic of 
China,'' dated September 8, 2008.
---------------------------------------------------------------------------

    On November 21, 2008, consistent with the decision in Timken Co. v. 
United States, 893 F.2d 337 (Fed. Cir. 1990), the Department notified 
the public that the Court's decision was not in harmony with the 
Department's final results. See Brake Rotors Timken Notice. See Brake 
Rotors from the People's Republic of China: Notice of Court Decision 
Not In Harmony With Final Results of Administrative Review, 73 FR 70618 
(November 21, 2008) . No party appealed the CIT's decision. As there is 
now a final and conclusive court decision in this case, we are amending 
our Final Results.

Amended Final Results

    As the litigation in this case has concluded, the Department is 
amending the Final Results to reflect the results of our remand 
determination. The revised dumping margins for the order on brake 
rotors in the amended final results are as follows:

------------------------------------------------------------------------
                      Exporter                              Margin
------------------------------------------------------------------------
Hongfa Machinery (Dalian) Co........................  0.01% (de minimis)
Laizhou Auto Brake Equipment Company................               6.20%
Laizhou Luqi Machinery Co., Ltd.....................               6.20%
Laizhou Hongda Auto Replacement Parts Co., Ltd......               6.20%
Longkou Haimeng Machinery Co., Ltd..................  0.01% (de minimis)
Qingdao Gren (Group) Co.............................               6.20%
------------------------------------------------------------------------

    The Department intends to issue instructions to U.S. Customs and 
Border Protection (``CBP'') fifteen days after publication of this 
notice, to revise the cash deposit rates for the companies listed 
above, effective as of the publication date of this notice. In 
addition, we will also instruct CBP to liquidate all entries at the 
appropriate rates.
    This notice is published in accordance with sections 751(a)(1) and 
777(i) of the Tariff Act of 1930, as amended.

    Dated: March 27, 2009.
Ronald K. Lorentzen,
Acting Assistant Secretary for Import Administration.
[FR Doc. E9-7522 Filed 4-2-09; 8:45 am]
BILLING CODE 3510-DS-S