[Federal Register: August 15, 2003 (Volume 68, Number 158)]
[Notices]               
[Page 48938]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15au03-96]                         

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INTERNATIONAL TRADE COMMISSION

[Investigation No. TA-421-3]

 
Certain Brake Drums and Rotors From China

Determination

    On the basis of information developed in the subject investigation, 
the United States International Trade Commission determines, pursuant 
to section 421(b)(1) of the Trade Act of 1974,\1\ that certain brake 
drums and rotors \2\ from the People's Republic of China are not 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\ 19 U.S.C. 2451(b)(1).
    \2\ For purposes of this investigation, aftermarket brake drums 
and aftermarket brake rotors are defined as certain brake drums and 
certain 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 drums and 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 aftermarket brake drums and finished aftermarket brake 
rotors are those that are ready for sale and installation without 
any further operations. Semifinished aftermarket brake drums and 
semifinished aftermarket brake rotors are those on which the surface 
is not entirely smooth, and has undergone some drilling. Unfinished 
aftermarket brake drums and unfinished aftermarket brake rotors are 
those which have undergone some grinding or turning.
    The brake drums and brake rotors are for motor vehicles, and do 
not contain in the casting a logo of an original equipment 
manufacturer which produces vehicles sold in the United States 
(e.g., General Motors, Ford, DaimlerChrysler, Honda, Toyota, Volvo). 
Brake drums and brake rotors covered in this investigation are not 
certified by OEM producers of vehicles sold in the United States. 
The scope also includes composite brake drums and composite brake 
rotors 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 HTS at a general duty rate of 2.5 percent ad valorem. 
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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Background

    Following receipt of a petition, as amended, filed 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 of the Trade Act of 1974 to determine whether certain 
brake drums and rotors 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.
    Notice of the institution of the Commission's investigation and of 
the scheduling of a public hearing to be held in connection therewith 
was given by posting a copy of the notice on the Commission's Web site 
(http://www.usitc.gov) and by publishing the notice in the Federal 
Register of June 16, 2003 (68 FR 35702). The hearing was held on July 
18, 2003 in Washington, DC; all persons who requested the opportunity 
were permitted to appear in person or by counsel.
    The views of the Commission are contained in USITC Publication 3622 
(August 2003), entitled Certain Brake Drums and Rotors from China: 
Investigation No. TA-421-3.

    By order of the Commission.

    Issued: August 5, 2003.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 03-20813 Filed 8-14-03; 8:45 am]
BILLING CODE 7020-02-P