[Federal Register: June 16, 2003 (Volume 68, Number 115)]
[Notices]
[Page 35702-35703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16jn03-105]
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INTERNATIONAL TRADE COMMISSION
[Investigation No. TA-421-3]
Certain Brake Drums and Rotors From China
AGENCY: United States International Trade Commission.
ACTION: Institution and scheduling of an investigation under section
421(b) of the Trade Act of 1974 (19 U.S.C. 2451(b)) (the Act).
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SUMMARY: Following receipt of a petition, as amended, on June 6, 2003,
on behalf of the Coalition for the Preservation of American Brake Drum
and Rotor Aftermarket Manufacturers, the Commission instituted
investigation No. TA-421-3, Certain Brake Drums and Rotors from China,
under section 421(b) of the Act to determine whether certain brake
drums and rotors \1\ from China are being imported into the United
States in such increased quantities or under such conditions as to
cause or threaten to cause market disruption to the domestic producers
of like or directly competitive products.
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\1\ Brake drums and rotors are defined as brake drums and 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
drums and 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.''
Finished brake drums and rotors are those that are ready for
sale and installation without any further operations. Semifinished
drums are those on which the surface is not entirely smooth, and has
undergone some drilling. Unfinished drums are those which have
undergone some grinding or turning.
These brake drums and 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, DaimlerChrysler, Honda, Toyota, Volvo). Brake
drums and rotors covered in this investigation are not certified by
OEM producers of vehicles sold in the Untied States. The scope also
includes composite brake drums that are made of gray cast iron,
which contain a steel plate, but otherwise meet the above criteria.
The imported products are provided for in subheading 8708.39.50
of the Harmonized Tariff Schedule of the United States (HTS).
Although the HTS category is provided for convenience and Customs
purposes, the written description of the merchandise under
investigation is dispositive.
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For further information concerning the conduct of this
investigation, hearing procedures, and rules of general application,
consult the Commission's Rules of Practice and Procedure, part 201,
subparts A through E (19 CFR part 201), and part 206, subparts A and E
(19 CFR part 206).
EFFECTIVE DATE: June 6, 2003.
FOR FURTHER INFORMATION CONTACT: Debra Baker (202-205-3180), Office of
Investigations, U.S. International Trade Commission, 500 E Street SW.,
Washington, DC 20436. Hearing-impaired persons can obtain information
on this matter by contacting the Commission's TDD terminal on 202-205-
1810. Persons with mobility impairments who will need special
assistance in gaining access to the Commission should contact the
Office of the Secretary at 202-205-2000. General information concerning
the Commission may also be obtained by accessing its internet server
(http://www.usitc.gov). The public record for this investigation may be
viewed on the Commission's electronic docket (EDIS) at http://edis.usitc.gov
.
SUPPLEMENTARY INFORMATION:
Participation in the Investigation and Service List
Persons wishing to participate in the investigation as parties must
file an entry of appearance with the Secretary to the Commission, as
provided in Sec. 201.11 of the Commission's rules, not later than seven
days after publication of this notice in the Federal Register. The
Secretary will prepare a service list containing the names and
addresses of all persons, or their representatives, who are parties to
this investigation upon the expiration of the period for filing entries
of appearance.
Limited Disclosure of Confidential Business Information (CBI) Under an
Administrative Protective Order (APO) and CBI Service List
Pursuant to Sec. 206.47 of the Commission's rules, the Secretary
will make CBI gathered in this investigation available to authorized
applicants under the APO issued in the investigation, provided that the
application is made not later than seven days after the publication of
this notice in the Federal Register. A separate service list will be
maintained by the Secretary for those parties authorized to receive CBI
under the APO.
Hearing
The Commission has scheduled a hearing in connection with this
investigation beginning at 9:30 a.m. on July 18, 2003, at the U.S.
International Trade Commission Building. Subjects related to both
market disruption or threat thereof and remedy may be addressed at the
hearing. Requests to appear at the hearing should be filed in writing
with the Secretary to the Commission on or before July 11, 2003. All
persons desiring to appear at the hearing and make oral presentations
should attend a prehearing conference to be held at 9:30 a.m. on July
15, 2003, at the U.S. International Trade Commission Building. Oral
testimony and written materials to be submitted at the hearing are
governed by Sec. Sec. 201.6(b)(2) and 201.13(f) of the Commission's
rules.
Written Submissions
Each party is encouraged to submit a prehearing brief to the
Commission. The deadline for filing prehearing briefs is July 14, 2003.
Parties may also file posthearing briefs. The deadline for filing
posthearing briefs is July 22, 2003. In addition, any person who has
not entered an appearance as a party to the investigation may submit a
written statement of information pertinent to the consideration of
market disruption or threat thereof and/or remedy on or
[[Page 35703]]
before July 22, 2003. Parties may submit final comments on market
disruption on July 31, 2003 and on remedy on August 8, 2003. Final
comments shall contain no more than ten (10) double spaced and single
sided pages of textual material. All written submissions must conform
with the provisions of Sec. 201.8 of the Commission's rules; any
submissions that contain CBI must also conform with the requirements of
Sec. 201.6 of the Commission's rules. The Commission's rules do not
authorize filing of submissions with the Secretary by facsimile or
electronic means, except to the extent permitted by Sec. 201.8 of the
Commission's rules, as amended, 67 FR 68036 (November 8, 2002).
In accordance with Sec. 201.16(c) of the Commission's rules, each
document filed by a party to the investigation must be served on all
other parties to the investigation (as identified by the service list),
and a certificate of service must be timely filed. The Secretary will
not accept a document for filing without a certificate of service.
Remedy
Parties are reminded that no separate hearing on the issue of
remedy will be held. Those parties wishing to present arguments on the
issue of remedy may do so orally at the hearing or in their prehearing
briefs, posthearing briefs, or final comments on remedy.
Authority: This investigation is being conducted under the
authority of section 421 of the Trade Act of 1974; this notice is
published pursuant to Sec. 206.3 of the Commission's rules.
By order of the Commission.
Issued: June 11, 2003.
Marilyn R. Abbott,
Secretary.
[FR Doc. 03-15157 Filed 6-13-03; 8:45 am]
BILLING CODE 7020-02-P