[Federal Register Volume 63, Number 99 (Friday, May 22, 1998)]
[Notices]
[Page 28355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13803]
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DEPARTMENT OF COMMERCE
International Trade Administration
[A-570-846]
Brake Rotors From the People's Republic of China: Initiation of
New Shipper Antidumping Duty Administrative Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce.
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SUMMARY: The Department of Commerce has received a request to conduct a
new shipper administrative review of the antidumping duty order on
brake rotors from the People's Republic of China. In accordance with 19
CFR 351.214(d), we are initiating this administrative review.
EFFECTIVE DATE: May 22, 1998.
FOR FURTHER INFORMATION CONTACT: Brian Smith or Sunkyu Kim, Import
Administration, International Trade Administration, U.S. Department of
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC
20230; telephone (202) 482-1766 or 482-2613, respectively.
Applicable Statute and Regulations
Unless otherwise indicated, all citations to the Tariff Act of
1930, as amended (``the Act''), are references to the provisions
effective January 1, 1995, the effective date of the amendments made to
the Act by the Uruguay Round Agreements Act. In addition, unless
otherwise indicated, all citations to the Department of Commerce (``the
Department'') regulations are to the provisions codified at 19 CFR part
351 (62 FR 27295, May 19, 1997).
SUPPLEMENTARY INFORMATION:
Background
The Department has received a timely request from Yantai Chen Fu
Machinery Co., Ltd., (``YCFM''), in accordance with 19 CFR 351.214(d),
for a new shipper review of the antidumping duty order on brake rotors
from the People's Republic of China (``PRC''), which has an April
anniversary date. YCFM (``the respondent'') has certified that it did
not export brake rotors to the United States during the period of
investigation (``POI''), and that it is not affiliated with any
exporter or producer which did export brake rotors during the POI.
In accordance with section 751(a)(2)(B) of the Act, as amended, and
19 CFR 351.214(b), and based on information on the record, we are
initiating the new shipper review as requested.
It is the Department's usual practice in cases involving non-market
economies to require that a company seeking to establish eligibility
for an antidumping duty rate separate from the country-wide rate
provide de jure and de facto evidence of an absence of government
control over the company's export activities. Accordingly we will issue
a separate rates questionnaire to the above-named respondent, allowing
30 days for response. If the response from the respondent provides
sufficient indication that the YCFM is not subject to either de jure or
de facto government control with respect to its exports of brake
rotors, this review will proceed. If, on the other hand, YCFM does not
demonstrate its eligibility for a separate rate, then YCFM will be
deemed to be affiliated with other companies that exported during the
POI and that did not establish entitlement to a separate rate, and this
review will be terminated.
Initiation of Review
In accordance with section 751(a)(2)(B)(ii) of the Act and 19 CFR
351.214(d)(1), we are initiating a new shipper review of the
antidumping duty order on brake rotors from the PRC. On May 11, 1998,
YCFM agreed to waive the time limits in order that the Department,
pursuant to 19 CFR 351.214(j)(3), may conduct this review concurrent
with the first annual administrative review of this order for the
period October 10, 1996-March 31, 1998, which is being conducted
pursuant to section 751(a)(1) of the Act. See, Antidumping Duties,
Countervailing Duties; Final Rule, (62 FR 27295, 27395, May 19, 1997).
Therefore, we intend to issue the final results of this review not
later than 245 days after the last day of the anniversary month.
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Period to be
Antidumping duty proceeding reviewed
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PRC: Brake Rotors, A-570-846:
Yantai Chen Fu Machinery Co., Ltd................ 10/10/96-03/31/98
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We will instruct the U.S. Customs Service to allow, at the option
of the importer, the posting, until the completion of the review, of a
bond or security in lieu of a cash deposit for each entry of the
merchandise exported by the above listed company. This action is in
accordance with 19 CFR 351.214(e) and (j)(3).
Interested parties that need access to the proprietary information
in this new shipper review should submit applications for disclosure
under administrative protective orders in accordance with 19 CFR
353.34(b).
This initiation and this notice are in accordance with section
751(a) of the Act (19 U.S.C. 1675(a)) and 19 CFR 351.214(d).
Dated: May 14, 1998.
Maria Harris Tildon,
Acting Deputy Assistant Secretary, Import Administration.
[FR Doc. 98-13803 Filed 5-21-98; 8:45 am]
BILLING CODE 3510-DS-P