[Federal Register: November 30, 2006 (Volume 71, Number 230)]
[Notices]
[Page 69203-69204]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30no06-22]
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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 Review
AGENCY: Import Administration, International Trade Administration,
Department of Commerce
EFFECTIVE DATE: November 30, 2006.
SUMMARY: The Department of Commerce (the ``Department'') received a
timely request to conduct a new shipper review of the antidumping duty
order on brake rotors from the People's Republic of China (``PRC''). In
accordance with 19 CFR 351.214(d)(1), we are initiating a review for
Longkou Qizheng Auto Parts Co., Ltd. (``Qizheng'').
FOR FURTHER INFORMATION CONTACT: Frances Veith or Blanche Ziv, 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 and (202) 482-4207, respectively.
SUPPLEMENTARY INFORMATION: The Department received a timely request
from Qizheng on October 31, 2006, pursuant to section 751(a)(2)(B) of
the Tariff Act of 1930, as amended (``the Act''), and in accordance
with 19 CFR 351.214(c), for a new shipper review of the antidumping
duty order on brake rotors from the PRC. See Notice of Antidumping Duty
Order: Brake Rotors from the People's Republic of China, 62 FR 18740
(April 17, 1997).
Pursuant to 19 CFR 351.214(b)(2)(i), 19 CFR 351.214(b)(2)(iii)(A),
and 19 CFR 351.214(b)(2)(iii)(B), in its request for a new shipper
review, Qizheng certified that as a producing exporter it did not
export brake rotors to the United States during the period of
investigation (``POI''); that since the initiation of the investigation
it has never been affiliated with any company that exported subject
merchandise to the United States during the POI; and that its export
activities were not controlled by the central government of the PRC.
In accordance with 19 CFR 351.214(b)(2)(iv), Qizheng submitted
documentation establishing the following: (1) the date on which it
first shipped brake rotors for export to the United States; (2) the
volume of its first shipment; and (3) the date of its first sale to an
unaffiliated customer in the United States.
Initiation of New Shipper Review
In accordance with section 751(a)(2)(B) of the Act and 19 CFR
351.214(d)(1), and based on information on the record, we find that
Qizheng's request meets the initiation threshold requirements and we
are initiating a new shipper review for shipments of brake rotors
produced and exported by Qizheng. See Memorandum to the File through
Wendy J. Frankel, Director, New Shipper Initiation Checklist, dated,
November 22, 2006. The Department will conduct this new shipper review
according to the deadlines set forth in section 751(a)(2)(B)(iv) of the
Act.
Pursuant to 19 CFR 351.214(g)(1)(i)(B), the period of review
(``POR'') for a new shipper review, normally initiated in the month
immediately following the semiannual anniversary month, will be the
six-month period immediately preceding the semiannual anniversary
month. Therefore, the POR for the new shipper review of Qizheng will be
April 1, 2006, through September 30, 2006.
Pursuant to the Department's regulations, in cases involving non-
market economies, the Department requires that a company seeking to
establish eligibility for an antidumping duty rate separate from the
country-
[[Page 69204]]
wide rate provide evidence of de jure and de facto absence of
government control over the company's export activities. Accordingly,
we will issue a questionnaire to Qizheng, including a separate rate
section. The review will proceed if the responses provide sufficient
indication that Qizheng is not subject to either de jure or de facto
government control with respect to its exports of brake rotors.
However, if Qizheng does not demonstrate its eligibility for a separate
rate, the company will be deemed not separate from other companies that
exported during the POI, and the new shipper review for Qizheng will be
rescinded.
On August 17, 2006, the Pension Protection Act of 2006 (H.R. 4) was
signed into law by Congress. Section 1632 of H.R. 4 temporarily
suspends the authority of the Department to instruct U.S. Customs and
Border Protection to collect a bond or other security in lieu of a cash
deposit in new shipper reviews. Therefore, the posting of a bond or
other security under section 751(a)(2)(B)(iii) of the Act in lieu of a
cash deposit is not available in this case. Importers of brake rotors
exported and produced by Qizheng must continue to post a cash deposit
of estimated antidumping duties on each entry of subject merchandise
(i.e., brake rotors) at the PRC-wide entity rate of 43.32 percent.
Interested parties that need access to proprietary information in
this new shipper review should submit applications for disclosure under
administrative protective order in accordance with 19 CFR 351.305 and
351.306.
This initiation and notice are issued in accordance with section
751(a)(2)(B) of the Act and 19 CFR 351.214 and 351.221(c)(1)(i).
Dated: November 22, 2006.
Susan H. Kuhbach
Acting Deputy Assistant Secretary for Import Administration.
[FR Doc. E6-20256 Filed 11-29-06; 8:45 am]
BILLING CODE 3510-DS-S